Allows bids for contracts from the New York city transit authority and the metropolitan commuter transportation authority to be received by such authorities through an electronic bidding platform and electronically posted for public view.
STATE OF NEW YORK
________________________________________________________________________
7707--A
2021-2022 Regular Sessions
IN ASSEMBLY
May 20, 2021
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Corporations, Authorities and Commissions -- reported and referred
to the Committee on Rules -- Rules Committee discharged, bill amended,
ordered reprinted as amended and recommitted to the Committee on Rules
AN ACT to amend the public authorities law, in relation to contracts
awarded by the New York city transit authority and the metropolitan
commuter transportation authority
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 8 of section 1209 of the
2 public authorities law, as added by chapter 929 of the laws of 1986, is
3 amended to read as follows:
4 (b) The authority may designate any officer or employee to open the
5 bids at the time and place bids are to be opened and may designate an
6 officer to award the contract to the lowest responsible bidder. Such
7 designee shall make a record of all bids in such form and detail as the
8 authority shall prescribe. All bids received shall be publicly opened
9 and read at the time [and], place and in the manner specified in the
10 advertisement or specified at the time of solicitation, or to which the
11 opening and reading or posting have been adjourned by the authority,
12 provided that any sealed bid may be received and secured through an
13 electronic platform as permitted by the authority, and that any sealed
14 bid received electronically is made public at the same time as any
15 competing paper bid. The authority shall, at minimum, provide the same
16 opportunity and time for submitting sealed bids physically as for sealed
17 bids submitted electronically, and shall provide the opportunity for
18 bidders to submit sealed bids physically any time that it provides the
19 opportunity to submit sealed electronic bids. In addition, the authority
20 shall establish a process for accommodating force majeure events that
21 prevent the submission of a sealed electronic bid, including but not
22 limited to internet and power outage events, and for automatically
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11580-03-1
A. 7707--A 2
1 confirming receipt of any sealed electronic bid received. All bidders
2 shall be notified of the time and place of any such adjournment.
3 § 2. Paragraph (b) of subdivision 3 of section 1265-a of the public
4 authorities law, as added by chapter 929 of the laws of 1986, is amended
5 to read as follows:
6 (b) The authority may designate any officer or employee to open the
7 bids at the time and place bids are to be opened and may designate an
8 officer to award the contract to the lowest responsible bidder. Such
9 designee shall make a record of all bids in such form and detail as the
10 authority shall prescribe. All bids received shall be publicly opened
11 and read at the time [and], place and in the manner specified in the
12 advertisement or at the time of solicitation, or to which the opening
13 and reading or posting have been adjourned by the authority, provided
14 that any sealed bid may be received and secured through an electronic
15 platform as permitted by the authority, and that any sealed bid received
16 electronically is made public at the same time as any competing paper
17 bid. The authority shall, at minimum, provide the same opportunity and
18 time for submitting sealed bids physically as for sealed bids submitted
19 electronically, and shall provide the opportunity for bidders to submit
20 sealed bids physically any time that it provides the opportunity to
21 submit sealed electronic bids. In addition, the authority shall estab-
22 lish a process for accommodating force majeure events that prevent the
23 submission of a sealed electronic bid, including but not limited to
24 internet and power outage events, and for automatically confirming
25 receipt of any sealed electronic bid received. All bidders shall be
26 notified of the time and place of any such adjournment.
27 § 3. This act shall take effect immediately.
