Bill Text: NY A01204 | 2015-2016 | General Assembly | Introduced
Bill Title: Enables the city of Rochester to prefer minority and women-owned businesses in awarding public contracts where the contract for purchase of commodities and/or services is in the amount of $100,000 or less and a disparity in procurement opportunities has been documented for the type of such commodities and/or services for which the city is contracting.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to local governments [A01204 Detail]
Download: New_York-2015-A01204-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1204
2015-2016 Regular Sessions
I N A S S E M B L Y
January 8, 2015
___________
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 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 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, provided, however, that purchase contracts
14 (including contracts for service work, but excluding any purchase
15 contracts necessary for the completion of a public works contract pursu-
16 ant to article eight of the labor law) may be awarded on the basis of
17 best value, as defined in section one hundred sixty-three of the state
18 finance law, to a responsive and responsible bidder or offerer in the
19 manner provided by this section except that in a political subdivision
20 other than a city with a population of one million inhabitants or more
21 or any district, board or agency with jurisdiction exclusively therein
22 the use of best value for awarding a purchase contract or purchase
23 contracts must be authorized by local law or, in the case of a district
24 corporation, school district or board of cooperative educational
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02690-01-5
A. 1204 2
1 services, by rule, regulation or resolution adopted at a public meeting.
2 In any case where a responsible bidder's or responsible offerer's gross
3 price is reducible by an allowance for the value of used machinery,
4 equipment, apparatus or tools to be traded in by a political subdivi-
5 sion, the gross price shall be reduced by the amount of such allowance,
6 for the purpose of determining the best value. In cases where two or
7 more responsible bidders furnishing the required security submit identi-
8 cal bids as to price, such officer, board or agency may award the
9 contract to any of such bidders. Such officer, board or agency may, in
10 his or her or its discretion, reject all bids or offers and readvertise
11 for new bids or offers in the manner provided by this section; PROVIDED,
12 HOWEVER, THAT IN THE CITY OF ROCHESTER, FOR PUBLIC WORKS AND PURCHASE
13 CONTRACTS UP TO ONE HUNDRED THOUSAND DOLLARS, SUCH CONTRACTS MAY BE
14 AWARDED TO A MINORITY OR WOMAN-OWNED BUSINESS CERTIFIED AS SUCH BY THE
15 STATE OF NEW YORK AND LOCATED WITHIN THE ROCHESTER METROPOLITAN STATIS-
16 TICAL AREA, AS LONG AS SUCH AWARD IS BASED ON CONTRACTOR SUBMISSIONS IN
17 RESPONSE TO A REQUEST FOR PROPOSALS AND MADE PURSUANT TO A MINORITY AND
18 WOMAN-OWNED BUSINESS ENTERPRISE PROGRAM LAWFULLY ADOPTED BY THE CITY OF
19 ROCHESTER. In determining whether a purchase is an expenditure within
20 the discretionary threshold amounts established by this subdivision, the
21 officer, board or agency of a political subdivision or of any district
22 therein shall consider the reasonably expected aggregate amount of all
23 purchases of the same commodities, services or technology to be made
24 within the twelve-month period commencing on the date of purchase.
25 Purchases of commodities, services or technology shall not be arti-
26 ficially divided for the purpose of satisfying the discretionary buying
27 thresholds established by this subdivision. A change to or a renewal of
28 a discretionary purchase shall not be permitted if the change or renewal
29 would bring the reasonably expected aggregate amount of all purchases of
30 the same commodities, services or technology from the same provider
31 within the twelve-month period commencing on the date of the first
32 purchase to an amount greater than the discretionary buying threshold
33 amount. For purposes of this section, "sealed bids" and "sealed offers",
34 as that term applies to purchase contracts, (including contracts for
35 service work, but excluding any purchase contracts necessary for the
36 completion of a public works contract pursuant to article eight of the
37 labor law) shall include bids and offers submitted in an electronic
38 format including submission of the statement of non-collusion required
39 by section one hundred three-d of this article, provided that the
40 governing board of the political subdivision or district, by resolution,
41 has authorized the receipt of bids and offers in such format. Submission
42 in electronic format may, for technology contracts only, be required as
43 the sole method for the submission of bids and offers. Bids and offers
44 submitted in an electronic format shall be transmitted by bidders and
45 offerers to the receiving device designated by the political subdivision
46 or district. Any method used to receive electronic bids and offers shall
47 comply with article three of the state technology law, and any rules and
48 regulations promulgated and guidelines developed thereunder and, at a
49 minimum, must (a) document the time and date of receipt of each bid and
50 offer received electronically; (b) authenticate the identity of the
51 sender; (c) ensure the security of the information transmitted; and (d)
52 ensure the confidentiality of the bid or offer until the time and date
53 established for the opening of bids or offers. The timely submission of
54 an electronic bid or offer in compliance with instructions provided for
55 such submission in the advertisement for bids or offers and/or the spec-
56 ifications shall be the responsibility solely of each bidder or offerer
A. 1204 3
1 or prospective bidder or offerer. No political subdivision or district
2 therein shall incur any liability from delays of or interruptions in the
3 receiving device designated for the submission and receipt of electronic
4 bids and offers.
5 S 2. This act shall take effect immediately; provided that the amend-
6 ments to subdivision 1 of section 103 of the general municipal law made
7 by section one of this act shall not affect the expiration of such
8 subdivision and shall be deemed to expire therewith.
