Bill Text: NY A02609 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes Rochester to give preference to certain minority or women-owned business enterprises in city procurement in certain cases pursuant to a city program therefor; such preference shall be to award the contract if the certified minority/women business enterprise's bid is within 5% of that of the lowest responsible bidder and the contract for the 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 commodities and/or services for which the contract is to be awarded.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-07-14 - enacting clause stricken [A02609 Detail]
Download: New_York-2019-A02609-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2609 2019-2020 Regular Sessions IN ASSEMBLY January 24, 2019 ___________ 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. LBD00118-01-9A. 2609 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 the responsible bidder whose bid is within five percent of 15 the bid of the lowest responsible bidder, if the principal place of 16 business of such bidder is located within the Rochester metropolitan 17 statistical area, such bidder is certified by the state of New York as a 18 minority or women-owned business and such award is made pursuant to a 19 minority/women business enterprise program lawfully adopted by the city 20 of Rochester. In determining whether a purchase is an expenditure with- 21 in the discretionary threshold amounts established by this subdivision, 22 the officer, board or agency of a political subdivision or of any 23 district therein shall consider the reasonably expected aggregate amount 24 of all purchases of the same commodities, services or technology to be 25 made within the twelve-month period commencing on the date of purchase. 26 Purchases of commodities, services or technology shall not be arti- 27 ficially divided for the purpose of satisfying the discretionary buying 28 thresholds established by this subdivision. A change to or a renewal of 29 a discretionary purchase shall not be permitted if the change or renewal 30 would bring the reasonably expected aggregate amount of all purchases of 31 the same commodities, services or technology from the same provider 32 within the twelve-month period commencing on the date of the first 33 purchase to an amount greater than the discretionary buying threshold 34 amount. For purposes of this section, "sealed bids" and "sealed offers", 35 as that term applies to purchase contracts, (including contracts for 36 service work, but excluding any purchase contracts necessary for the 37 completion of a public works contract pursuant to article eight of the 38 labor law) shall include bids and offers submitted in an electronic 39 format including submission of the statement of non-collusion required 40 by section one hundred three-d of this article, provided that the 41 governing board of the political subdivision or district, by resolution, 42 has authorized the receipt of bids and offers in such format. Submission 43 in electronic format may, for technology contracts only, be required as 44 the sole method for the submission of bids and offers. Bids and offers 45 submitted in an electronic format shall be transmitted by bidders and 46 offerers to the receiving device designated by the political subdivision 47 or district. Any method used to receive electronic bids and offers shall 48 comply with article three of the state technology law, and any rules and 49 regulations promulgated and guidelines developed thereunder and, at a 50 minimum, must (a) document the time and date of receipt of each bid and 51 offer received electronically; (b) authenticate the identity of the 52 sender; (c) ensure the security of the information transmitted; and (d) 53 ensure the confidentiality of the bid or offer until the time and date 54 established for the opening of bids or offers. The timely submission of 55 an electronic bid or offer in compliance with instructions provided for 56 such submission in the advertisement for bids or offers and/or the spec-A. 2609 3 1 ifications shall be the responsibility solely of each bidder or offerer 2 or prospective bidder or offerer. No political subdivision or district 3 therein shall incur any liability from delays of or interruptions in the 4 receiving device designated for the submission and receipt of electronic 5 bids and offers. 6 § 2. This act shall take effect immediately; provided, however, that 7 the amendments to subdivision 1 of section 103 of the general municipal 8 law made by section one of this act shall not affect the expiration of 9 such subdivision and shall be deemed to expire therewith.
