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A01204 Summary:

BILL NOA01204
 
SAME ASNo Same As
 
SPONSORGantt
 
COSPNSR
 
MLTSPNSR
 
Amd S103, Gen Muni L
 
Enables the city of Rochester to prefer minority and women-owned businesses in awarding public contracts where the contract for purchase of commodities and/or services is in the amount of $100,000 or less and a disparity in procurement opportunities has been documented for the type of such commodities and/or services for which the city is contracting.
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A01204 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1204
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 8, 2015
                                       ___________
 
        Introduced  by M. of A. GANTT -- read once and referred to the Committee
          on Local Governments
 
        AN ACT to amend the general municipal law, in  relation  to  giving  the
          city  of  Rochester the power to prefer minority and women-owned busi-
          nesses in awarding public contracts
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 1 of section 103 of the general municipal law,
     2  as amended by section 1 of chapter 2 of the laws of 2012, is amended  to
     3  read as follows:
     4    1. Except as otherwise expressly provided by an act of the legislature
     5  or  by  a  local  law adopted prior to September first, nineteen hundred
     6  fifty-three, all contracts for public work involving an  expenditure  of
     7  more  than  thirty-five  thousand  dollars  and  all  purchase contracts
     8  involving an expenditure of more than twenty thousand dollars, shall  be
     9  awarded  by  the  appropriate  officer,  board  or agency of a political
    10  subdivision or of any district therein including but not  limited  to  a
    11  soil  conservation  district to the lowest responsible bidder furnishing
    12  the required security after advertisement for sealed bids in the  manner
    13  provided  by  this  section,  provided, however, that purchase contracts
    14  (including contracts  for  service  work,  but  excluding  any  purchase
    15  contracts necessary for the completion of a public works contract pursu-
    16  ant  to  article  eight of the labor law) may be awarded on the basis of
    17  best value, as defined in section one hundred sixty-three of  the  state
    18  finance  law,  to  a responsive and responsible bidder or offerer in the
    19  manner provided by this section except that in a  political  subdivision
    20  other  than  a city with a population of one million inhabitants or more
    21  or any district, board or agency with jurisdiction  exclusively  therein
    22  the  use  of  best  value  for  awarding a purchase contract or purchase
    23  contracts must be authorized by local law or, in the case of a  district
    24  corporation,   school  district  or  board  of  cooperative  educational
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02690-01-5

        A. 1204                             2
 
     1  services, by rule, regulation or resolution adopted at a public meeting.
     2  In any case where a responsible bidder's or responsible offerer's  gross
     3  price  is  reducible  by  an  allowance for the value of used machinery,
     4  equipment,  apparatus  or  tools to be traded in by a political subdivi-
     5  sion, the gross price shall be reduced by the amount of such  allowance,
     6  for  the  purpose  of determining the best value.  In cases where two or
     7  more responsible bidders furnishing the required security submit identi-
     8  cal bids as to price, such  officer,  board  or  agency  may  award  the
     9  contract  to  any of such bidders. Such officer, board or agency may, in
    10  his or her or its discretion, reject all bids or offers and  readvertise
    11  for new bids or offers in the manner provided by this section; provided,
    12  however,  that  in  the city of Rochester, for public works and purchase
    13  contracts up to one hundred thousand  dollars,  such  contracts  may  be
    14  awarded  to  a minority or woman-owned business certified as such by the
    15  state of New York and located within the Rochester metropolitan  statis-
    16  tical  area, as long as such award is based on contractor submissions in
    17  response to a request for proposals and made pursuant to a minority  and
    18  woman-owned  business enterprise program lawfully adopted by the city of
    19  Rochester.  In determining whether a purchase is an  expenditure  within
    20  the discretionary threshold amounts established by this subdivision, the
    21  officer,  board  or agency of a political subdivision or of any district
    22  therein shall consider the reasonably expected aggregate amount  of  all
    23  purchases  of  the  same  commodities, services or technology to be made
    24  within the twelve-month period  commencing  on  the  date  of  purchase.
    25  Purchases  of  commodities,  services  or  technology shall not be arti-
    26  ficially divided for the purpose of satisfying the discretionary  buying
    27  thresholds  established by this subdivision. A change to or a renewal of
    28  a discretionary purchase shall not be permitted if the change or renewal
    29  would bring the reasonably expected aggregate amount of all purchases of
    30  the same commodities, services or  technology  from  the  same  provider
    31  within  the  twelve-month  period  commencing  on  the date of the first
    32  purchase to an amount greater than the  discretionary  buying  threshold
    33  amount. For purposes of this section, "sealed bids" and "sealed offers",
    34  as  that  term  applies  to purchase contracts, (including contracts for
    35  service work, but excluding any purchase  contracts  necessary  for  the
    36  completion  of  a public works contract pursuant to article eight of the
    37  labor law) shall include bids and  offers  submitted  in  an  electronic
    38  format  including  submission of the statement of non-collusion required
    39  by section one hundred  three-d  of  this  article,  provided  that  the
    40  governing board of the political subdivision or district, by resolution,
    41  has authorized the receipt of bids and offers in such format. Submission
    42  in  electronic format may, for technology contracts only, be required as
    43  the sole method for the submission of bids and offers. Bids  and  offers
    44  submitted  in  an  electronic format shall be transmitted by bidders and
    45  offerers to the receiving device designated by the political subdivision
    46  or district. Any method used to receive electronic bids and offers shall
    47  comply with article three of the state technology law, and any rules and
    48  regulations promulgated and guidelines developed thereunder  and,  at  a
    49  minimum,  must (a) document the time and date of receipt of each bid and
    50  offer received electronically; (b)  authenticate  the  identity  of  the
    51  sender;  (c) ensure the security of the information transmitted; and (d)
    52  ensure the confidentiality of the bid or offer until the time  and  date
    53  established  for the opening of bids or offers. The timely submission of
    54  an electronic bid or offer in compliance with instructions provided  for
    55  such submission in the advertisement for bids or offers and/or the spec-
    56  ifications  shall be the responsibility solely of each bidder or offerer

        A. 1204                             3
 
     1  or prospective bidder or offerer. No political subdivision  or  district
     2  therein shall incur any liability from delays of or interruptions in the
     3  receiving device designated for the submission and receipt of electronic
     4  bids and offers.
     5    §  2. This act shall take effect immediately; provided that the amend-
     6  ments to subdivision 1 of section 103 of the general municipal law  made
     7  by  section  one  of  this  act  shall not affect the expiration of such
     8  subdivision and shall be deemed to expire therewith.
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