Bill Text: NY S01788 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides that for public works contracts involving an expenditure of $20,000 or more and purchase contracts for $10,000 or more a responsible bidder who is a New York state resident, firm or corporation and who is within two percent of the bid of the lowest responsible bidder may be awarded the contract; provides that where two or more qualify according to such provisions, the contract is to be awarded to the lowest responsible bidder.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO LOCAL GOVERNMENT [S01788 Detail]
Download: New_York-2011-S01788-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1788 2011-2012 Regular Sessions I N S E N A T E January 12, 2011 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law and the state finance law, in relation to granting preferences to New York state domiciliaries in the awarding of contracts for public work 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 part FF of chapter 56 of the laws of 2010, is 3 amended to 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. In any case where a responsible bidder's gross 14 price is reducible by an allowance for the value of used machinery, 15 equipment, apparatus or tools to be traded in by a political subdivi- 16 sion, the gross price shall be reduced by the amount of such allowance, 17 for the purpose of determining the low bid. NOTWITHSTANDING THE FOREGO- 18 ING, IN ANY CASE WHERE A RESPONSIBLE BIDDER WHO IS A NEW YORK STATE 19 RESIDENT, FIRM OR CORPORATION AND WHO IS FURNISHING THE REQUIRED SECURI- 20 TY IS FOUND BY SUCH OFFICER, BOARD OR AGENCY TO BE WITHIN TWO PERCENT OF 21 THE BID OF THE LOWEST RESPONSIBLE BIDDER, SUCH OFFICER, BOARD OR AGENCY 22 MAY PREFER SUCH RESPONSIBLE BIDDER OVER THE LOWEST RESPONSIBLE BIDDER 23 AND AWARD THE CONTRACT TO SUCH RESPONSIBLE BIDDER; PROVIDED, HOWEVER, 24 WHERE MORE THAN ONE RESPONSIBLE BIDDER QUALIFIES HEREUNDER, SUCH OFFI- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06381-01-1 S. 1788 2 1 CER, BOARD OR AGENCY SHALL AWARD THE CONTRACT TO SUCH QUALIFIED RESPON- 2 SIBLE BIDDER SUBMITTING THE LOWEST BID. In cases where two or more 3 responsible bidders furnishing the required security submit identical 4 bids as to price, such officer, board or agency may award the contract 5 to any of such bidders. Such officer, board or agency may, in his or her 6 or its discretion, reject all bids and readvertise for new bids in the 7 manner provided by this section. In determining whether a purchase is an 8 expenditure within the discretionary threshold amounts established by 9 this subdivision, the officer, board or agency of a political subdivi- 10 sion or of any district therein shall consider the reasonably expected 11 aggregate amount of all purchases of the same commodities, services or 12 technology to be made within the twelve-month period commencing on the 13 date of purchase. Purchases of commodities, services or technology 14 shall not be artificially divided for the purpose of satisfying the 15 discretionary buying thresholds established by this subdivision. A 16 change to or a renewal of a discretionary purchase shall not be permit- 17 ted if the change or renewal would bring the reasonably expected aggre- 18 gate amount of all purchases of the same commodities, services or tech- 19 nology from the same provider within the twelve-month period commencing 20 on the date of the first purchase to an amount greater than the discre- 21 tionary buying threshold amount. For purposes of this section, "sealed 22 bids", as that term applies to purchase contracts, shall include bids 23 submitted in an electronic format including submission of the statement 24 of non-collusion required by section one hundred three-d of this arti- 25 cle, provided that the governing board of the political subdivision or 26 district, by resolution, has authorized the receipt of bids in such 27 format. Submission in electronic format may, for technology contracts 28 only, be required as the sole method for the submission of bids. Bids 29 submitted in an electronic format shall be transmitted by bidders to the 30 receiving device designated by the political subdivision or district. 31 Any method used to receive electronic bids shall comply with article 32 three of the state technology law, and any rules and regulations promul- 33 gated and guidelines developed thereunder and, at a minimum, must (a) 34 document the time and date of receipt of each bid received electron- 35 ically; (b) authenticate the identity of the sender; (c) ensure the 36 security of the information transmitted; and (d) ensure the confiden- 37 tiality of the bid until the time and date established for the opening 38 of bids. The timely submission of an electronic bid in compliance with 39 instructions provided for such submission in the advertisement for bids 40 and/or the specifications shall be the responsibility solely of each 41 bidder or prospective bidder. No political subdivision or district ther- 42 ein shall incur any liability from delays of or interruptions in the 43 receiving device designated for the submission and receipt of electronic 44 bids. 45 S 2. Subdivision 1 of section 103 of the general municipal law, as 46 amended by section 2 of part FF of chapter 56 of the laws of 2010, is 47 amended to read as follows: 48 1. Except as otherwise expressly provided by an act of the legislature 49 or by a local law adopted prior to September first, nineteen hundred 50 fifty-three, all contracts for public work involving an expenditure of 51 more than thirty-five thousand dollars and all purchase contracts 52 involving an expenditure of more than twenty thousand dollars, shall be 53 awarded by the appropriate officer, board or agency of a political 54 subdivision or of any district therein including but not limited to a 55 soil conservation district, to the lowest responsible bidder furnishing 56 the required security after advertisement for sealed bids in the manner S. 1788 3 1 provided by this section. In determining whether a purchase is an 2 expenditure within the discretionary threshold amounts established by 3 this subdivision, the officer, board or agency of a political subdivi- 4 sion or of any district therein shall consider the reasonably expected 5 aggregate amount of all purchases of the same commodities, services or 6 technology to be made within the twelve-month period commencing on the 7 date of purchase. Purchases of commodities, services or technology shall 8 not be artificially divided for the purpose of satisfying the discre- 9 tionary buying thresholds established by this subdivision. A change to 10 or a renewal of a discretionary purchase shall not be permitted if the 11 change or renewal would bring the reasonably expected aggregate amount 12 of all purchases of the same commodities, services or technology from 13 the same provider within the twelve-month period commencing on the date 14 of the first purchase to an amount greater than the discretionary buying 15 threshold amount. In any case where a responsible bidder's gross price 16 is reducible by an allowance for the value of used machinery, equipment, 17 apparatus or tools to be traded in by a political subdivision, the gross 18 price shall be reduced by the amount of such allowance, for the purpose 19 of determining the low bid. NOTWITHSTANDING THE FOREGOING, IN ANY CASE 20 WHERE A RESPONSIBLE BIDDER WHO IS A NEW YORK STATE RESIDENT, FIRM OR 21 CORPORATION AND WHO IS FURNISHING THE REQUIRED SECURITY IS FOUND BY SUCH 22 OFFICER, BOARD OR AGENCY TO BE WITHIN TWO PERCENT OF THE BID OF THE 23 LOWEST RESPONSIBLE BIDDER, SUCH OFFICER, BOARD OR AGENCY MAY PREFER SUCH 24 RESPONSIBLE BIDDER OVER THE LOWEST RESPONSIBLE BIDDER AND AWARD THE 25 CONTRACT TO SUCH RESPONSIBLE BIDDER; PROVIDED, HOWEVER, WHERE MORE THAN 26 ONE RESPONSIBLE BIDDER QUALIFIES HEREUNDER, SUCH OFFICER, BOARD OR AGEN- 27 CY SHALL AWARD THE CONTRACT TO SUCH QUALIFIED RESPONSIBLE BIDDER SUBMIT- 28 TING THE LOWEST BID. In cases where two or more responsible bidders 29 furnishing the required security submit identical bids as to price, such 30 officer, board or agency may award the contract to any of such bidders. 31 Such officer, board or agency may, in his, her or its discretion, reject 32 all bids and readvertise for new bids in the manner provided by this 33 section. 34 S 3. Section 135 of the state finance law is amended by adding a new 35 closing paragraph to read as follows: 36 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHENEVER THE LOWEST 37 RESPONSIBLE BIDDER IS A FOREIGN OR OUT-OF-STATE INDIVIDUAL, FIRM OR 38 CORPORATION AND AT LEAST ONE NEW YORK STATE RESIDENT, FIRM OR CORPO- 39 RATION HAS SUBMITTED A RESPONSIBLE BID WHICH IS WITHIN TWO PERCENT OF 40 THE LOWEST RESPONSIBLE BID, THE CONTRACT MAY BE AWARDED TO THE LOWEST 41 RESPONSIBLE BIDDER WHO IS A NEW YORK STATE RESIDENT, FIRM OR CORPO- 42 RATION; PROVIDED, HOWEVER, WHERE MORE THAN ONE RESPONSIBLE BIDDER QUALI- 43 FIES HEREUNDER, SUCH OFFICER, BOARD OR AGENCY SHALL AWARD THE CONTRACT 44 TO SUCH QUALIFIED RESPONSIBLE BIDDER SUBMITTING THE LOWEST BID. 45 S 4. This act shall take effect on the first of September next 46 succeeding the date on which it shall have become a law; provided, 47 however, that the amendments to subdivision 1 of section 103 of the 48 general municipal law made by section one of this act shall not affect 49 the expiration and reversion of such subdivision as provided in subdivi- 50 sion (a) of section 41 of part X of chapter 62 of the laws of 2003, as 51 amended, when upon such date the provisions of section two of this act 52 shall take effect.