Bill Text: NY A02710 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the general municipal law, in relation to giving the city of Rochester the power to prefer minority and women-owned businesses in awarding public contracts

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to local governments [A02710 Detail]

Download: New_York-2009-A02710-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2710
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 21, 2009
                                      ___________
       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 chapter 741 of the laws of 2005, is  amended  to  read  as
    3  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  twenty thousand dollars and all purchase contracts involving
    8  an expenditure of more than ten thousand dollars, shall  be  awarded  by
    9  the  appropriate  officer, board or agency of a political subdivision or
   10  of any district therein including but not limited to a soil conservation
   11  district, to the lowest responsible bidder furnishing the required secu-
   12  rity after advertisement for sealed bids in the manner provided by  this
   13  section. In any case where a responsible bidder's gross price is reduci-
   14  ble  by an allowance for the value of used machinery, equipment, appara-
   15  tus or tools to be traded in by a political subdivision, the gross price
   16  shall be reduced by the amount of such allowance,  for  the  purpose  of
   17  determining  the low bid. In cases where two or more responsible bidders
   18  furnishing the required security submit identical bids as to price, such
   19  officer, board or agency may award the contract to any of such  bidders.
   20  Such  officer, board or agency may, in his or its discretion, reject all
   21  bids and readvertise for  new  bids  in  the  manner  provided  by  this
   22  section;  PROVIDED,  HOWEVER,  THAT IN THE CITY OF ROCHESTER, FOR PUBLIC
   23  WORKS AND PURCHASE CONTRACTS UP TO ONE HUNDRED  THOUSAND  DOLLARS,  SUCH
   24  CONTRACTS  MAY  BE AWARDED TO THE RESPONSIBLE BIDDER WHOSE BID IS WITHIN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05693-01-9
       A. 2710                             2
    1  FIVE PERCENT OF THE BID OF THE LOWEST RESPONSIBLE BIDDER, IF THE PRINCI-
    2  PAL PLACE OF BUSINESS OF SUCH BIDDER IS  LOCATED  WITHIN  THE  ROCHESTER
    3  METROPOLITAN  STATISTICAL AREA, SUCH BIDDER IS CERTIFIED BY THE STATE OF
    4  NEW  YORK  AS  A MINORITY OR WOMEN-OWNED BUSINESS AND SUCH AWARD IS MADE
    5  PURSUANT  TO  A  MINORITY/WOMEN  BUSINESS  ENTERPRISE  PROGRAM  LAWFULLY
    6  ADOPTED BY THE CITY OF ROCHESTER.  For purposes of this section, "sealed
    7  bids",  as  that  term applies to purchase contracts, shall include bids
    8  submitted in an electronic format, provided that the governing board  of
    9  the political subdivision or district, by resolution, has authorized the
   10  receipt of bids in such format. Submission in electronic format may not,
   11  however, be required as the sole method for the submission of bids. Bids
   12  submitted in an electronic format shall be transmitted by bidders to the
   13  receiving  device  designated  by the political subdivision or district.
   14  Any method used to receive electronic bids  shall  comply  with  article
   15  three of the state technology law, and any rules and regulations promul-
   16  gated  and  guidelines  developed thereunder and, at a minimum, must (a)
   17  document the time and date of receipt of  each  bid  received  electron-
   18  ically;  (b)  authenticate  the  identity  of the sender; (c) ensure the
   19  security of the information transmitted; and (d)  ensure  the  confiden-
   20  tiality  of  the bid until the time and date established for the opening
   21  of bids. The timely submission of an electronic bid in  compliance  with
   22  instructions  provided for such submission in the advertisement for bids
   23  and/or the specifications shall be the  responsibility  solely  of  each
   24  bidder or prospective bidder. No political subdivision or district ther-
   25  ein  shall  incur  any  liability from delays of or interruptions in the
   26  receiving device designated for the submission and receipt of electronic
   27  bids.
   28    S 2. This act shall take effect immediately; provided,  however,  that
   29  the  amendments to subdivision 1 of section 103 of the general municipal
   30  law made by section one of this act shall not affect the  expiration  of
   31  such subdivision and shall be deemed to expire therewith.