Bill Text: NY A02714 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes the state and certain public entities to grant a preference in the letting of contracts to bidders who have paid state and local taxes for a period of at least 3 years and submitted a bid within 5% of the lowest responsible bid and upon a 2/3 vote of the local legislative body that such award would benefit the local economy.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-01-04 - referred to local governments [A02714 Detail]
Download: New_York-2011-A02714-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2714
2011-2012 Regular Sessions
I N A S S E M B L Y
January 20, 2011
___________
Introduced by M. of A. CALHOUN -- Multi-Sponsored by -- M. of A. CONTE
-- read once and referred to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to granting
authority to prefer certain bidders doing business with the state or a
local government 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 part F 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 FURNISHING THE REQUIRED
19 SECURITY IS FOUND BY SUCH OFFICER, BOARD OR AGENCY TO HAVE PAID STATE
20 AND LOCAL TAXES WITHIN THE STATE FOR THREE SUCCESSIVE YEARS BEFORE
21 SUBMITTING A BID, AND WHERE SUCH BID IS WITHIN FIVE PERCENT OF THE BID
22 OF THE LOWEST RESPONSIBLE BIDDER, SUCH OFFICER, BOARD OR AGENCY MAY
23 PREFER SUCH RESPONSIBLE BIDDER OVER THE LOWEST RESPONSIBLE BIDDER AND
24 AWARD THE CONTRACT TO SUCH RESPONSIBLE BIDDER UPON A TWO-THIRDS VOTE BY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02891-01-1
A. 2714 2
1 THE LOCAL LEGISLATIVE BODY OF SUCH POLITICAL SUBDIVISION OR DISTRICT
2 FINDING THAT SUCH AN AWARD WOULD BENEFIT THE LOCAL ECONOMY OF SUCH POLI-
3 TICAL SUBDIVISION OR DISTRICT; PROVIDED, HOWEVER, WHERE MORE THAN ONE
4 RESPONSIBLE BIDDER QUALIFIES HEREUNDER, SUCH OFFICER, BOARD OR AGENCY
5 SHALL AWARD THE CONTRACT TO SUCH QUALIFIED RESPONSIBLE BIDDER SUBMITTING
6 THE LOWEST BID. IF ANY FEDERAL STATUTE OR REGULATION PRECLUDES THE
7 GRANTING OF FEDERAL ASSISTANCE OR REDUCES THE AMOUNT OF THAT ASSISTANCE
8 FOR A PARTICULAR PUBLIC WORK BECAUSE OF THE PROVISIONS OF THIS SECTION,
9 SUCH PROVISIONS SHALL NOT APPLY INSOFAR AS THEIR APPLICATION WOULD
10 PRECLUDE OR REDUCE FEDERAL ASSISTANCE FOR SUCH WORK. In cases where two
11 or more responsible bidders furnishing the required security submit
12 identical bids as to price, such officer, board or agency may award the
13 contract to any of such bidders. Such officer, board or agency may, in
14 his or her or its discretion, reject all bids and readvertise for new
15 bids in the manner provided by this section. In determining whether a
16 purchase is an expenditure within the discretionary threshold amounts
17 established by this subdivision, the officer, board or agency of a poli-
18 tical subdivision or of any district therein shall consider the reason-
19 ably expected aggregate amount of all purchases of the same commodities,
20 services or technology to be made within the twelve-month period
21 commencing on the date of purchase. Purchases of commodities, services
22 or technology shall not be artificially divided for the purpose of
23 satisfying the discretionary buying thresholds established by this
24 subdivision. A change to or a renewal of a discretionary purchase shall
25 not be permitted if the change or renewal would bring the reasonably
26 expected aggregate amount of all purchases of the same commodities,
27 services or technology from the same provider within the twelve-month
28 period commencing on the date of the first purchase to an amount greater
29 than the discretionary buying threshold amount. For purposes of this
30 section, "sealed bids", as that term applies to purchase contracts,
31 shall include bids submitted in an electronic format including
32 submission of the statement of non-collusion required by section one
33 hundred three-d of this article, provided that the governing board of
34 the political subdivision or district, by resolution, has authorized the
35 receipt of bids in such format. Submission in electronic format may,
36 for technology contracts only, be required as the sole method for the
37 submission of bids. Bids submitted in an electronic format shall be
38 transmitted by bidders to the receiving device designated by the poli-
39 tical subdivision or district. Any method used to receive electronic
40 bids shall comply with article three of the state technology law, and
41 any rules and regulations promulgated and guidelines developed there-
42 under and, at a minimum, must (a) document the time and date of receipt
43 of each bid received electronically; (b) authenticate the identity of
44 the sender; (c) ensure the security of the information transmitted; and
45 (d) ensure the confidentiality of the bid until the time and date estab-
46 lished for the opening of bids. The timely submission of an electronic
47 bid in compliance with instructions provided for such submission in the
48 advertisement for bids and/or the specifications shall be the responsi-
49 bility solely of each bidder or prospective bidder. No political subdi-
50 vision or district therein shall incur any liability from delays of or
51 interruptions in the receiving device designated for the submission and
52 receipt of electronic bids.
53 S 2. Subdivision 1 of section 103 of the general municipal law, as
54 amended by section 2 of part FF of chapter 56 of the laws of 2010, is
55 amended to read as follows:
A. 2714 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 thousand dollars and all purchase contracts
5 involving an expenditure of more than twenty thousand dollars, shall be
6 awarded by the appropriate officer, board or agency of a political
7 subdivision or of any district therein including but not limited to a
8 soil conservation district, to the lowest responsible bidder furnishing
9 the required security after advertisement for sealed bids in the manner
10 provided by this section. In determining whether a purchase is an
11 expenditure within the discretionary threshold amounts established by
12 this subdivision, the officer, board or agency of a political subdivi-
13 sion or of any district therein shall consider the reasonably expected
14 aggregate amount of all purchases of the same commodities, services or
15 technology to be made within the twelve-month period commencing on the
16 date of purchase. Purchases of commodities, services or technology shall
17 not be artificially divided for the purpose of satisfying the discre-
18 tionary buying thresholds established by this subdivision. A change to
19 or a renewal of a discretionary purchase shall not be permitted if the
20 change or renewal would bring the reasonably expected aggregate amount
21 of all purchases of the same commodities, services or technology from
22 the same provider within the twelve-month period commencing on the date
23 of the first purchase to an amount greater than the discretionary buying
24 threshold amount. In any case where a responsible bidder's gross price
25 is reducible by an allowance for the value of used machinery, equipment,
26 apparatus or tools to be traded in by a political subdivision, the gross
27 price shall be reduced by the amount of such allowance, for the purpose
28 of determining the low bid. NOTWITHSTANDING THE FOREGOING, IN ANY CASE
29 WHERE A RESPONSIBLE BIDDER FURNISHING THE REQUIRED SECURITY IS FOUND BY
30 SUCH OFFICER, BOARD OR AGENCY TO HAVE PAID STATE AND LOCAL TAXES WITHIN
31 THE STATE FOR THREE SUCCESSIVE YEARS BEFORE SUBMITTING A BID, AND WHERE
32 SUCH BID IS WITHIN FIVE PERCENT OF THE BID OF THE LOWEST RESPONSIBLE
33 BIDDER, SUCH OFFICER, BOARD OR AGENCY MAY PREFER SUCH RESPONSIBLE BIDDER
34 OVER THE LOWEST RESPONSIBLE BIDDER AND AWARD THE CONTRACT TO SUCH
35 RESPONSIBLE BIDDER UPON A TWO-THIRDS VOTE BY THE LOCAL LEGISLATIVE BODY
36 OF SUCH POLITICAL SUBDIVISION OR DISTRICT FINDING THAT SUCH AN AWARD
37 WOULD BENEFIT THE LOCAL ECONOMY OF SUCH POLITICAL SUBDIVISION OR
38 DISTRICT; PROVIDED, HOWEVER, WHERE MORE THAN ONE RESPONSIBLE BIDDER
39 QUALIFIES HEREUNDER, SUCH OFFICER, BOARD OR AGENCY SHALL AWARD THE
40 CONTRACT TO SUCH QUALIFIED RESPONSIBLE BIDDER SUBMITTING THE LOWEST BID.
41 IF ANY FEDERAL STATUTE OR REGULATION PRECLUDES THE GRANTING OF FEDERAL
42 ASSISTANCE OR REDUCES THE AMOUNT OF THAT ASSISTANCE FOR A PARTICULAR
43 PUBLIC WORK BECAUSE OF THE PROVISIONS OF THIS SECTION, SUCH PROVISIONS
44 SHALL NOT APPLY INSOFAR AS THEIR APPLICATION WOULD PRECLUDE OR REDUCE
45 FEDERAL ASSISTANCE FOR SUCH WORK. In cases where two or more responsible
46 bidders furnishing the required security submit identical bids as to
47 price, such officer, board or agency may award the contract to any of
48 such bidders. Such officer, board or agency may, in his, her or its
49 discretion, reject all bids and readvertise for new bids in the manner
50 provided by this section.
51 S 3. This act shall take effect immediately, provided that the amend-
52 ments to subdivision 1 of section 103 of the general municipal law made
53 by section one of this act shall be subject to the expiration and rever-
54 sion of such subdivision pursuant to subdivision (a) of section 41 of
55 part X of chapter 62 of the laws of 2003, as amended, when upon such
56 date the provisions of section two of this act shall take effect.
