Bill Text: NY S01549 | 2009-2010 | 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 6-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LOCAL GOVERNMENT [S01549 Detail]

Download: New_York-2009-S01549-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1549
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2009
                                      ___________
       Introduced  by  Sens. STAVISKY, ADAMS, DIAZ, C. JOHNSON, ONORATO, PARKER
         -- 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 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.   NOTWITHSTANDING THE FOREGOING, IN ANY CASE
   18  WHERE A RESPONSIBLE BIDDER WHO IS A NEW YORK  STATE  RESIDENT,  FIRM  OR
   19  CORPORATION AND WHO IS FURNISHING THE REQUIRED SECURITY IS FOUND BY SUCH
   20  OFFICER,  BOARD  OR  AGENCY  TO  BE WITHIN TWO PERCENT OF THE BID OF THE
   21  LOWEST RESPONSIBLE BIDDER, SUCH OFFICER, BOARD OR AGENCY MAY PREFER SUCH
   22  RESPONSIBLE BIDDER OVER THE LOWEST  RESPONSIBLE  BIDDER  AND  AWARD  THE
   23  CONTRACT  TO SUCH RESPONSIBLE BIDDER; PROVIDED, HOWEVER, WHERE MORE THAN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00139-01-9
       S. 1549                             2
    1  ONE RESPONSIBLE BIDDER QUALIFIES HEREUNDER, SUCH OFFICER, BOARD OR AGEN-
    2  CY SHALL AWARD THE CONTRACT TO SUCH QUALIFIED RESPONSIBLE BIDDER SUBMIT-
    3  TING THE LOWEST BID. In cases where  two  or  more  responsible  bidders
    4  furnishing the required security submit identical bids as to price, such
    5  officer,  board or agency may award the contract to any of such bidders.
    6  Such officer, board or agency may, in his or its discretion, reject  all
    7  bids  and  readvertise  for  new  bids  in  the  manner provided by this
    8  section. For purposes of this  section,  "sealed  bids",  as  that  term
    9  applies  to purchase contracts, shall include bids submitted in an elec-
   10  tronic format, provided that the governing board of the political subdi-
   11  vision or district, by resolution, has authorized the receipt of bids in
   12  such format. Submission  in  electronic  format  may  not,  however,  be
   13  required  as  the sole method for the submission of bids. Bids submitted
   14  in an electronic format shall be transmitted by bidders to the receiving
   15  device designated by the political subdivision or district.  Any  method
   16  used  to  receive electronic bids shall comply with article three of the
   17  state technology law, and any  rules  and  regulations  promulgated  and
   18  guidelines developed thereunder and, at a minimum, must (a) document the
   19  time  and  date  of  receipt  of  each  bid received electronically; (b)
   20  authenticate the identity of the sender; (c) ensure the security of  the
   21  information  transmitted;  and (d) ensure the confidentiality of the bid
   22  until the time and date established for the opening of bids. The  timely
   23  submission of an electronic bid in compliance with instructions provided
   24  for  such submission in the advertisement for bids and/or the specifica-
   25  tions shall be the responsibility solely of each bidder  or  prospective
   26  bidder.  No  political  subdivision  or district therein shall incur any
   27  liability from delays of or interruptions in the receiving device desig-
   28  nated for the submission and receipt of electronic bids.
   29    S 2. Subdivision 1 of section 103 of the  general  municipal  law,  as
   30  amended  by  chapter  413  of  the  laws  of 1991, is amended to read as
   31  follows:
   32    1. Except as otherwise expressly provided by an act of the legislature
   33  or by a local law adopted prior to  September  first,  nineteen  hundred
   34  fifty-three,  all  contracts for public work involving an expenditure of
   35  more than twenty thousand dollars and all purchase  contracts  involving
   36  an  expenditure  of  more than ten thousand dollars, shall be awarded by
   37  the appropriate officer, board or agency of a political  subdivision  or
   38  of any district therein including but not limited to a soil conservation
   39  district, to the lowest responsible bidder furnishing the required secu-
   40  rity  after advertisement for sealed bids in the manner provided by this
   41  section. In any case where a responsible bidder's gross price is reduci-
   42  ble by an allowance for the value of used machinery, equipment,  appara-
   43  tus or tools to be traded in by a political subdivision, the gross price
   44  shall  be  reduced  by  the amount of such allowance, for the purpose of
   45  determining the low bid.   NOTWITHSTANDING THE FOREGOING,  IN  ANY  CASE
   46  WHERE  A  RESPONSIBLE  BIDDER  WHO IS A NEW YORK STATE RESIDENT, FIRM OR
   47  CORPORATION AND WHO IS FURNISHING THE REQUIRED SECURITY IS FOUND BY SUCH
   48  OFFICER, BOARD OR AGENCY TO BE WITHIN TWO PERCENT  OF  THE  BID  OF  THE
   49  LOWEST RESPONSIBLE BIDDER, SUCH OFFICER, BOARD OR AGENCY MAY PREFER SUCH
   50  RESPONSIBLE  BIDDER  OVER  THE  LOWEST  RESPONSIBLE BIDDER AND AWARD THE
   51  CONTRACT TO SUCH RESPONSIBLE BIDDER; PROVIDED, HOWEVER, WHERE MORE  THAN
   52  ONE RESPONSIBLE BIDDER QUALIFIES HEREUNDER, SUCH OFFICER, BOARD OR AGEN-
   53  CY SHALL AWARD THE CONTRACT TO SUCH QUALIFIED RESPONSIBLE BIDDER SUBMIT-
   54  TING  THE  LOWEST  BID.  In  cases where two or more responsible bidders
   55  furnishing the required security submit identical bids as to price, such
   56  officer, board or agency may award the contract to any of such  bidders.
       S. 1549                             3
    1  Such  officer, board or agency may, in his or its discretion, reject all
    2  bids and readvertise for  new  bids  in  the  manner  provided  by  this
    3  section.
    4    S  3.  Section 135 of the state finance law is amended by adding a new
    5  closing paragraph to read as follows:
    6    NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  WHENEVER  THE  LOWEST
    7  RESPONSIBLE  BIDDER  IS  A  FOREIGN  OR OUT-OF-STATE INDIVIDUAL, FIRM OR
    8  CORPORATION AND AT LEAST ONE NEW YORK STATE  RESIDENT,  FIRM  OR  CORPO-
    9  RATION  HAS  SUBMITTED  A RESPONSIBLE BID WHICH IS WITHIN TWO PERCENT OF
   10  THE LOWEST RESPONSIBLE BID, THE CONTRACT MAY BE AWARDED  TO  THE  LOWEST
   11  RESPONSIBLE  BIDDER  WHO  IS  A  NEW YORK STATE RESIDENT, FIRM OR CORPO-
   12  RATION; PROVIDED, HOWEVER, WHERE MORE THAN ONE RESPONSIBLE BIDDER QUALI-
   13  FIES HEREUNDER, SUCH OFFICER, BOARD OR AGENCY SHALL AWARD  THE  CONTRACT
   14  TO SUCH QUALIFIED RESPONSIBLE BIDDER SUBMITTING THE LOWEST BID.
   15    S  4.  This  act  shall  take  effect  on  the first of September next
   16  succeeding the date on which it  shall  have  become  a  law;  provided,
   17  however,  that  the  amendments  to  subdivision 1 of section 103 of the
   18  general municipal law made by section one of this act shall  not  affect
   19  the expiration and reversion of such subdivision as provided in subdivi-
   20  sion  (a)  of section 41 of part X of chapter 62 of the laws of 2003, as
   21  amended, when upon such date the provisions of section two of  this  act
   22  shall take effect.
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