Bill Text: NY A05571 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to advertising for bids and offers; letting of contracts; raises the aggregate amount for sealed bids above the current levels for commodities from $20,000 to $80,000 and public works from $35,000 to $125,000.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced) 2019-02-13 - referred to local governments [A05571 Detail]

Download: New_York-2019-A05571-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5571
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 13, 2019
                                       ___________
        Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
          tee on Local Governments
        AN  ACT  to  amend the general municipal law, in relation to advertising
          for bids and offers; letting of 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] one hundred twenty-five thousand dollars and all
     8  purchase contracts involving an expenditure of more than [twenty] eighty
     9  thousand  dollars, shall be awarded by the appropriate officer, board or
    10  agency of a political subdivision or of any district  therein  including
    11  but  not limited to a soil conservation district to the lowest responsi-
    12  ble bidder furnishing the  required  security  after  advertisement  for
    13  sealed  bids  in the manner provided by this section, provided, however,
    14  that purchase contracts  (including  contracts  for  service  work,  but
    15  excluding  any  purchase  contracts  necessary  for  the completion of a
    16  public works contract pursuant to article eight of the labor law) may be
    17  awarded on the basis of best value, as defined in  section  one  hundred
    18  sixty-three  of  the  state finance law, to a responsive and responsible
    19  bidder or offerer in the manner provided by this section except that  in
    20  a  political  subdivision  other  than  a  city with a population of one
    21  million inhabitants or more or any district, board or agency with juris-
    22  diction exclusively therein  the  use  of  best  value  for  awarding  a
    23  purchase  contract or purchase contracts must be authorized by local law
    24  or, in the case of a district corporation, school district or  board  of
    25  cooperative  educational  services,  by  rule,  regulation or resolution
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08137-01-9

        A. 5571                             2
     1  adopted at a public meeting. In any case where a responsible bidder's or
     2  responsible offerer's gross price is reducible by an allowance  for  the
     3  value  of  used machinery, equipment, apparatus or tools to be traded in
     4  by  a  political  subdivision,  the  gross price shall be reduced by the
     5  amount of such allowance, for the purpose of determining the best value.
     6  In cases where two or more responsible bidders furnishing  the  required
     7  security submit identical bids as to price, such officer, board or agen-
     8  cy may award the contract to any of such bidders. Such officer, board or
     9  agency  may,  in his or her or its discretion, reject all bids or offers
    10  and readvertise for new bids or offers in the manner  provided  by  this
    11  section.  In determining whether a purchase is an expenditure within the
    12  discretionary threshold amounts established  by  this  subdivision,  the
    13  officer,  board  or agency of a political subdivision or of any district
    14  therein shall consider the reasonably expected aggregate amount  of  all
    15  purchases  of  the  same  commodities, services or technology to be made
    16  within the twelve-month period  commencing  on  the  date  of  purchase.
    17  Purchases  of  commodities,  services  or  technology shall not be arti-
    18  ficially divided for the purpose of satisfying the discretionary  buying
    19  thresholds  established by this subdivision. A change to or a renewal of
    20  a discretionary purchase shall not be permitted if the change or renewal
    21  would bring the reasonably expected aggregate amount of all purchases of
    22  the same commodities, services or  technology  from  the  same  provider
    23  within  the  twelve-month  period  commencing  on  the date of the first
    24  purchase to an amount greater than the  discretionary  buying  threshold
    25  amount. For purposes of this section, "sealed bids" and "sealed offers",
    26  as  that  term  applies  to purchase contracts, (including contracts for
    27  service work, but excluding any purchase  contracts  necessary  for  the
    28  completion  of  a public works contract pursuant to article eight of the
    29  labor law) shall include bids and  offers  submitted  in  an  electronic
    30  format  including  submission of the statement of non-collusion required
    31  by section one hundred  three-d  of  this  article,  provided  that  the
    32  governing board of the political subdivision or district, by resolution,
    33  has authorized the receipt of bids and offers in such format. Submission
    34  in  electronic format may, for technology contracts only, be required as
    35  the sole method for the submission of bids and offers. Bids  and  offers
    36  submitted  in  an  electronic format shall be transmitted by bidders and
    37  offerers to the receiving device designated by the political subdivision
    38  or district. Any method used to receive electronic bids and offers shall
    39  comply with article three of the state technology law, and any rules and
    40  regulations promulgated and guidelines developed thereunder  and,  at  a
    41  minimum,  must (a) document the time and date of receipt of each bid and
    42  offer received electronically; (b)  authenticate  the  identity  of  the
    43  sender;  (c) ensure the security of the information transmitted; and (d)
    44  ensure the confidentiality of the bid or offer until the time  and  date
    45  established  for the opening of bids or offers. The timely submission of
    46  an electronic bid or offer in compliance with instructions provided  for
    47  such submission in the advertisement for bids or offers and/or the spec-
    48  ifications  shall be the responsibility solely of each bidder or offerer
    49  or prospective bidder or offerer. No political subdivision  or  district
    50  therein shall incur any liability from delays of or interruptions in the
    51  receiving device designated for the submission and receipt of electronic
    52  bids and offers.
    53    §  2.  Subdivision  1  of section 103 of the general municipal law, as
    54  amended by section 2 of chapter 2 of the laws of  2012,  is  amended  to
    55  read as follows:

        A. 5571                             3
     1    1. Except as otherwise expressly provided by an act of the legislature
     2  or  by  a  local  law adopted prior to September first, nineteen hundred
     3  fifty-three, all contracts for public work involving an  expenditure  of
     4  more than [thirty-five] one hundred twenty-five thousand dollars and all
     5  purchase contracts involving an expenditure of more than [twenty] eighty
     6  thousand  dollars, shall be awarded by the appropriate officer, board or
     7  agency of a political subdivision or of any district  therein  including
     8  but  not limited to a soil conservation district to the lowest responsi-
     9  ble bidder furnishing the  required  security  after  advertisement  for
    10  sealed  bids  in the manner provided by this section, provided, however,
    11  that purchase contracts  (including  contracts  for  service  work,  but
    12  excluding  any  purchase  contracts  necessary  for  the completion of a
    13  public works contract pursuant to article eight of the labor law) may be
    14  awarded on the basis of best value, as defined in  section  one  hundred
    15  sixty-three  of  the  state finance law, to a responsive and responsible
    16  bidder or offerer in the manner provided by this section except that  in
    17  a  political  subdivision  other  than  a  city with a population of one
    18  million inhabitants or more or any district, board or agency with juris-
    19  diction exclusively therein the use of best value of awarding a purchase
    20  contract or purchase contracts must be authorized by local  law  or,  in
    21  the  case of a district corporation, school district or board of cooper-
    22  ative educational services, by rule, regulation or resolution adopted at
    23  a public meeting. In determining whether a purchase  is  an  expenditure
    24  within  the discretionary threshold amounts established by this subdivi-
    25  sion, the officer, board or agency of a political subdivision or of  any
    26  district therein shall consider the reasonably expected aggregate amount
    27  of  all  purchases of the same commodities, services or technology to be
    28  made within the twelve-month period commencing on the date of  purchase.
    29  Purchases  of  commodities,  services  or  technology shall not be arti-
    30  ficially divided for the purpose of satisfying the discretionary  buying
    31  thresholds  established by this subdivision. A change to or a renewal of
    32  a discretionary purchase shall not be permitted if the change or renewal
    33  would bring the reasonably expected aggregate amount of all purchases of
    34  the same commodities, services or  technology  from  the  same  provider
    35  within  the  twelve-month  period  commencing  on  the date of the first
    36  purchase to an amount greater than the  discretionary  buying  threshold
    37  amount.  In  any  case  where  a  responsible  bidder's  or  responsible
    38  offerer's gross price is reducible by an allowance for the value of used
    39  machinery, equipment, apparatus or tools to be traded in by a  political
    40  subdivision,  the  gross  price  shall  be reduced by the amount of such
    41  allowance, for the purpose of determining the low bid or best value.  In
    42  cases  where  two  or  more  responsible bidders furnishing the required
    43  security submit identical bids as to price, such officer, board or agen-
    44  cy may award the contract to any of such bidders. Such officer, board or
    45  agency may, in his, her or its discretion, reject all bids or offers and
    46  readvertise for new bids or  offers  in  the  manner  provided  by  this
    47  section.
    48    §  3. This act shall take effect immediately, provided that the amend-
    49  ments to subdivision 1 of section 103 of the general municipal law  made
    50  by section one of this act shall be subject to the expiration and rever-
    51  sion of such subdivision pursuant to subdivision a of section 41 of part
    52  X of chapter 62 of the laws of 2003, as amended, when upon such date the
    53  provisions of section two of this act shall take effect.
feedback