Bill Text: NY S00119 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to advertisements for bids for certain public contracts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INFRASTRUCTURE AND CAPITAL INVESTMENT [S00119 Detail]
Download: New_York-2013-S00119-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 119 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, the general municipal law, the state finance law and the education law, in relation to advertisements for bids THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (c) of subdivision 3 of section 220 of the labor 2 law, as separately amended by chapter 678 of the laws of 2007 and chap- 3 ter 7 of the laws of 2008, is amended to read as follows: 4 (c) It shall be the duty of the fiscal officer, as defined in this 5 section, to ascertain and determine the schedules of supplements to be 6 provided and wages to be paid workers, laborers and mechanics on such 7 public work, prior to the time of the advertisement for bids, and such 8 schedules shall be annexed to and form a part of the specifications for 9 the work. Such fiscal officer shall file with the department having 10 jurisdiction such schedules prior to the time of the commencement of the 11 advertisement for bids on all public works proposed to be constructed. 12 IF THE FISCAL OFFICER CANNOT ASCERTAIN OR DETERMINE SUCH SCHEDULES OR 13 WAGES, OR DISTINGUISH BETWEEN THE CLASSIFICATIONS OF WORKERS ON SUCH 14 PUBLIC WORK, IT SHALL BE THE DUTY OF THE FISCAL OFFICER TO REJECT ANY 15 CONTRACT ASSOCIATED WITH THE ADVERTISEMENT FOR BIDS. The term "contract" 16 as used in this article also shall include reconstruction and repair of 17 any such public work, and any public work performed under a lease, 18 permit or other agreement pursuant to which the department of jurisdic- 19 tion grants the responsibility of contracting for such public work to 20 any third party proposing to perform such work to which the provisions 21 of this article would apply had the department of jurisdiction 22 contracted directly for its performance, or where there is no lease, 23 permit or other agreement and ownership of a public work is intended to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00354-01-3 S. 119 2 1 be assumed by such public entity at any time subsequent to completion of 2 the public work. 3 S 2. Subdivision 1 of section 103 of the general municipal law, as 4 amended by section 1 of chapter 2 of the laws of 2012, is amended to 5 read as follows: 6 1. Except as otherwise expressly provided by an act of the legislature 7 or by a local law adopted prior to September first, nineteen hundred 8 fifty-three, all contracts for public work involving an expenditure of 9 more than thirty-five thousand dollars and all purchase contracts 10 involving an expenditure of more than twenty thousand dollars, shall be 11 awarded by the appropriate officer, board or agency of a political 12 subdivision or of any district therein including but not limited to a 13 soil conservation district to the lowest responsible bidder furnishing 14 the required security after advertisement for sealed bids in the manner 15 provided by this section, provided, however, that purchase contracts 16 (including contracts for service work, but excluding any purchase 17 contracts necessary for the completion of a public works contract pursu- 18 ant to article eight of the labor law) may be awarded on the basis of 19 best value, as defined in section one hundred sixty-three of the state 20 finance law, to a responsive and responsible bidder or offerer in the 21 manner provided by this section except that in a political subdivision 22 other than a city with a population of one million inhabitants or more 23 or any district, board or agency with jurisdiction exclusively therein 24 the use of best value for awarding a purchase contract or purchase 25 contracts must be authorized by local law or, in the case of a district 26 corporation, school district or board of cooperative educational 27 services, by rule, regulation or resolution adopted at a public meeting. 28 ALL SUBMITTED BIDS FOR SUCH PUBLIC WORK CONTRACTS SHALL BE FOR A FIXED- 29 DOLLAR AMOUNT. In any case where a responsible bidder's or responsible 30 offerer's gross price is reducible by an allowance for the value of used 31 machinery, equipment, apparatus or tools to be traded in by a political 32 subdivision, the gross price shall be reduced by the amount of such 33 allowance, for the purpose of determining the best value. In cases 34 where two or more responsible bidders furnishing the required security 35 submit identical bids as to price, such officer, board or agency may 36 award the contract to any of such bidders. Such officer, board or agency 37 may, in his or her or its discretion, reject all bids or offers and 38 readvertise for new bids or offers in the manner provided by this 39 section. In determining whether a purchase is an expenditure within the 40 discretionary threshold amounts established by this subdivision, the 41 officer, board or agency of a political subdivision or of any district 42 therein shall consider the reasonably expected aggregate amount of all 43 purchases of the same commodities, services or technology to be made 44 within the twelve-month period commencing on the date of purchase. 45 Purchases of commodities, services or technology shall not be arti- 46 ficially divided for the purpose of satisfying the discretionary buying 47 thresholds established by this subdivision. A change to or a renewal of 48 a discretionary purchase shall not be permitted if the change or renewal 49 would bring the reasonably expected aggregate amount of all purchases of 50 the same commodities, services or technology from the same provider 51 within the twelve-month period commencing on the date of the first 52 purchase to an amount greater than the discretionary buying threshold 53 amount. For purposes of this section, "sealed bids" and "sealed offers", 54 as that term applies to purchase contracts, (including contracts for 55 service work, but excluding any purchase contracts necessary for the 56 completion of a public works contract pursuant to article eight of the S. 119 3 1 labor law) shall include bids and offers submitted in an electronic 2 format including submission of the statement of non-collusion required 3 by section one hundred three-d of this article, provided that the 4 governing board of the political subdivision or district, by resolution, 5 has authorized the receipt of bids and offers in such format. Submission 6 in electronic format may, for technology contracts only, be required as 7 the sole method for the submission of bids and offers. Bids and offers 8 submitted in an electronic format shall be transmitted by bidders and 9 offerers to the receiving device designated by the political subdivision 10 or district. Any method used to receive electronic bids and offers shall 11 comply with article three of the state technology law, and any rules and 12 regulations promulgated and guidelines developed thereunder and, at a 13 minimum, must (a) document the time and date of receipt of each bid and 14 offer received electronically; (b) authenticate the identity of the 15 sender; (c) ensure the security of the information transmitted; and (d) 16 ensure the confidentiality of the bid or offer until the time and date 17 established for the opening of bids or offers. The timely submission of 18 an electronic bid or offer in compliance with instructions provided for 19 such submission in the advertisement for bids or offers and/or the spec- 20 ifications shall be the responsibility solely of each bidder or offerer 21 or prospective bidder or offerer. No political subdivision or district 22 therein shall incur any liability from delays of or interruptions in the 23 receiving device designated for the submission and receipt of electronic 24 bids and offers. 25 S 3. Subdivision 1 of section 103 of the general municipal law, as 26 amended by section 2 of chapter 2 of the laws of 2012, is amended to 27 read as follows: 28 1. Except as otherwise expressly provided by an act of the legislature 29 or by a local law adopted prior to September first, nineteen hundred 30 fifty-three, all contracts for public work involving an expenditure of 31 more than thirty-five thousand dollars and all purchase contracts 32 involving an expenditure of more than twenty thousand dollars, shall be 33 awarded by the appropriate officer, board or agency of a political 34 subdivision or of any district therein including but not limited to a 35 soil conservation district to the lowest responsible bidder furnishing 36 the required security after advertisement for sealed bids in the manner 37 provided by this section, provided, however, that purchase contracts 38 (including contracts for service work, but excluding any purchase 39 contracts necessary for the completion of a public works contract pursu- 40 ant to article eight of the labor law) may be awarded on the basis of 41 best value, as defined in section one hundred sixty-three of the state 42 finance law, to a responsive and responsible bidder or offerer in the 43 manner provided by this section except that in a political subdivision 44 other than a city with a population of one million inhabitants or more 45 or any district, board or agency with jurisdiction exclusively therein 46 the use of best value of awarding a purchase contract or purchase 47 contracts must be authorized by local law or, in the case of a district 48 corporation, school district or board of cooperative educational 49 services, by rule, regulation or resolution adopted at a public meeting. 50 ALL SUBMITTED BIDS FOR SUCH PUBLIC WORK CONTRACTS SHALL BE FOR A FIXED- 51 DOLLAR AMOUNT. In determining whether a purchase is an expenditure with- 52 in the discretionary threshold amounts established by this subdivision, 53 the officer, board or agency of a political subdivision or of any 54 district therein shall consider the reasonably expected aggregate amount 55 of all purchases of the same commodities, services or technology to be 56 made within the twelve-month period commencing on the date of purchase. S. 119 4 1 Purchases of commodities, services or technology shall not be arti- 2 ficially divided for the purpose of satisfying the discretionary buying 3 thresholds established by this subdivision. A change to or a renewal of 4 a discretionary purchase shall not be permitted if the change or renewal 5 would bring the reasonably expected aggregate amount of all purchases of 6 the same commodities, services or technology from the same provider 7 within the twelve-month period commencing on the date of the first 8 purchase to an amount greater than the discretionary buying threshold 9 amount. In any case where a responsible bidder's or responsible 10 offerer's gross price is reducible by an allowance for the value of used 11 machinery, equipment, apparatus or tools to be traded in by a political 12 subdivision, the gross price shall be reduced by the amount of such 13 allowance, for the purpose of determining the low bid or best value. In 14 cases where two or more responsible bidders furnishing the required 15 security submit identical bids as to price, such officer, board or agen- 16 cy may award the contract to any of such bidders. Such officer, board or 17 agency may, in his, her or its discretion, reject all bids or offers and 18 readvertise for new bids or offers in the manner provided by this 19 section. 20 S 4. Subdivision 2 of section 103 of the general municipal law, as 21 amended by section 4 of chapter 608 of the laws of 2011, is amended to 22 read as follows: 23 2. Advertisement for bids and offers shall be published in the offi- 24 cial newspaper or newspapers, if any, or otherwise in a newspaper or 25 newspapers designated for such purpose. Such advertisement shall contain 26 a statement of the time when and place where all bids received pursuant 27 to such notice will be publicly opened and read and where the identity 28 of all offerers will be publicly disclosed, and the designation of the 29 receiving device if the political subdivision or district has authorized 30 the receipt of bids and offers in an electronic format. SUCH ADVERTISE- 31 MENT SHALL DESCRIBE SPECIFICALLY THE NATURE OF THE WORK, INCLUDING THE 32 TYPE OF WORK TO BE PERFORMED, AND ENABLE THE BIDDER TO COMPLY WITH PARA- 33 GRAPH (C) OF SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY OF THE 34 LABOR LAW. Such board or agency may by resolution designate any officer 35 or employee to open the bids and offers at the time and place specified 36 in the notice. Such designee shall make a record of such bids and offers 37 in such form and detail as the board or agency shall prescribe and pres- 38 ent the same at the next regular or special meeting of such board or 39 agency. All bids received shall be publicly opened and read at the time 40 and place so specified and the identity of all offerers shall be public- 41 ly disclosed at the time and place so specified. At least five days 42 shall elapse between the first publication of such advertisement and the 43 date so specified for the opening and reading of bids and offers. 44 S 5. Subdivision 2 of section 103 of the general municipal law, as 45 amended by section 5 of chapter 608 of the laws of 2011, is amended to 46 read as follows: 47 2. Advertisement for bids and offers shall be published in the offi- 48 cial newspaper or newspapers, if any, or otherwise in a newspaper or 49 newspapers designated for such purpose. Such advertisement shall contain 50 a statement of the time when and place where all bids received pursuant 51 to such notice will be publicly opened and read and where the identity 52 of all offerers will be publicly disclosed. SUCH ADVERTISEMENT SHALL 53 DESCRIBE SPECIFICALLY THE NATURE OF THE WORK, INCLUDING THE TYPE OF WORK 54 TO BE PERFORMED, AND ENABLE THE BIDDER TO COMPLY WITH PARAGRAPH (C) OF 55 SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW. Such 56 board or agency may by resolution designate any officer or employee to S. 119 5 1 open the bids and offers at the time and place specified in the notice. 2 Such designee shall make a record of such bids and offers in such form 3 and detail as the board or agency shall prescribe and present the same 4 at the next regular or special meeting of such board or agency. All bids 5 received shall be publicly opened and read at the time and place so 6 specified and the identity of all offerers shall be publicly disclosed 7 at the time and place so specified. At least five days shall elapse 8 between the first publication of such advertisement and the date so 9 specified for the opening and reading of bids and offers. 10 S 6. The second undesignated paragraph of section 135 of the state 11 finance law, as amended by section 3 of part MM of chapter 57 of the 12 laws of 2008, is amended to read as follows: 13 Such specifications must be so drawn as to permit separate and inde- 14 pendent bidding upon each of the above three subdivisions of work. All 15 contracts hereafter awarded by the state or a department, board, commis- 16 sioner or officer thereof, for the erection, construction or alteration 17 of buildings, or any part thereof, shall award the three subdivisions of 18 the above specified work separately to responsible and reliable persons, 19 firms or corporations engaged in these classes of work. A contract for 20 one or more buildings in any project shall be awarded to the lowest 21 responsible bidder for all the buildings included in the specifications. 22 ALL SUCH SPECIFICATIONS ISSUED PURSUANT TO THIS ARTICLE SHALL DESCRIBE 23 SPECIFICALLY THE NATURE OF THE WORK, INCLUDING THE TYPE OF WORK TO BE 24 PERFORMED, AND ENABLE THE BIDDER TO COMPLY WITH PARAGRAPH (C) OF SUBDI- 25 VISION THREE OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW. EACH BIDDER 26 FOR ANY PROJECT UNDER THIS ARTICLE SHALL SUBMIT BIDS FOR A FIXED-DOLLAR 27 AMOUNT. 28 S 7. Paragraphs a and d of subdivision 6 of section 2590-p of the 29 education law, paragraph a as added by chapter 738 of the laws of 1988 30 and paragraph d as amended by chapter 91 of the laws of 2002, are 31 amended to read as follows: 32 a. For each project included in an approved five-year educational 33 facilities capital plan, the chancellor shall develop a detailed scope 34 of the project, which shall include the following: (i) the purposes and 35 public to be served, (ii) the programs to be conducted in the facility, 36 (iii) the gross amounts of space and bulk for any building or structure, 37 (iv) identification of the intent to use architectural, engineering or 38 other consultant services and estimated fees for such consultant 39 services (v) the schedule of design and construction, (vi) the total 40 estimated project costs, including costs for site acquisition, prepara- 41 tion and tenant relocation, design, construction and equipment, (vii) 42 maximum estimated expenditures for the project for each fiscal year 43 until its completion, (viii) costs associated with maintenance and oper- 44 ation of the physical plant and (ix) such other information as the chan- 45 cellor shall specify. In the event, a project consists of a program 46 element without identification of the particular education facility at 47 which such project is to be performed, the detailed scope of the project 48 shall specify the nature of the work to be performed, applicable price 49 and quality standards, a list of the schools eligible for such work, 50 annual performance targets and the total estimated costs of such project 51 during each fiscal year until its completion. ALL SUCH ESTIMATED COSTS 52 AND PRICES SHALL BE FOR A FIXED-DOLLAR AMOUNT. 53 d. For projects to be funded pursuant to subdivision four of this 54 section, the chancellor shall transmit the detailed scope of each such 55 project to the director of management and budget of the city for 56 approval. S. 119 6 1 (i) Except as provided in paragraph b of this subdivision, no expenses 2 shall be incurred by the city board or the authority for any such 3 project prior to approval of the detailed scope of any such project. 4 SUCH DETAILED SCOPE OF THE PROJECT SHALL DESCRIBE SPECIFICALLY THE 5 NATURE OF THE WORK, INCLUDING THE TYPE OF WORK TO BE PERFORMED. 6 (ii) No detailed scope of project shall be approved unless the total 7 estimated costs of such project, together with the aggregate estimated 8 costs of all projects for which a detailed scope has theretofore been 9 approved, are within city capital budget appropriations available there- 10 for. A detailed scope of project that is not disapproved by the director 11 of management and budget within thirty days of its submission shall be 12 deemed approved. To the extent the director disapproves all or part of a 13 scope, he or she shall set forth in writing the reasons therefor. 14 (iii) Upon approval of the detailed scope of project, the chancellor 15 shall refer such project to the New York city school construction 16 authority for implementation in accordance with an agreement between the 17 authority and the city board and shall transmit the approved project 18 scope to the comptroller, whereupon the total estimated costs of such 19 project as set forth in such approved project scope shall be available 20 for expenditure. ALL SUCH ESTIMATED COSTS SHALL BE FOR A FIXED-DOLLAR 21 AMOUNT. 22 (iv) Approval of the director of management and budget shall be 23 required for any material change in the approved detailed scope of 24 project or for any increase in the total cost of such project in excess 25 of any reserve provided in the approved detailed scope of project. Such 26 approval shall be given or deemed given in the manner provided herein. 27 (v) The provisions of this paragraph shall not apply to emergency 28 projects undertaken pursuant to paragraph h of subdivision two of this 29 section, the estimated costs of which, together with the costs of other 30 projects undertaken pursuant to said paragraph h, does not exceed the 31 amount set forth in the educational facilities capital plan for activ- 32 ities pursuant to paragraph h of subdivision two of this section. 33 S 8. This act shall take effect on the ninetieth day after it shall 34 have become a law, provided however, that the amendments to subdivision 35 1 of section 103 of the general municipal law made by section two of 36 this act shall be subject to the expiration and reversion of such subdi- 37 vision pursuant to subdivision (a) of section 41 of part X of chapter 62 38 of the laws of 2003, as amended, when upon such date the provisions of 39 section three of this act shall take effect, provided further, that the 40 amendments to subdivision 2 of section 103 of the general municipal law 41 made by section four of this act shall be subject to the expiration and 42 reversion of such subdivision pursuant to subdivision (a) of section 41 43 of part X of chapter 62 of the laws of 2003, as amended, when upon such 44 date the provisions of section five of this act shall take effect; 45 provided, further, that the amendments to paragraph d of subdivision 6 46 of section 2590-p of the education law made by section seven of this act 47 shall not affect the repeal of such paragraph and shall be deemed 48 repealed therewith.