Bill Text: NY S04761 | 2009-2010 | General Assembly | Introduced
Bill Title: Authorizes the city of Auburn to grant a preference to local businesses located in Cayuga county in awarding city contracts for public works and purchases, when such contracts do not exceed $100,000.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LOCAL GOVERNMENT [S04761 Detail]
Download: New_York-2009-S04761-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4761
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sen. NOZZOLIO -- 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, in relation to authorizing
the city of Auburn to prefer businesses located in the county of Cayu-
ga 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; PROVIDED, HOWEVER, THAT IN THE CITY OF AUBURN, FOR PUBLIC WORKS
14 AND PURCHASE CONTRACTS UP TO ONE HUNDRED THOUSAND DOLLARS, SUCH
15 CONTRACTS MAY BE AWARDED TO THE RESPONSIBLE BIDDER WHOSE BID IS WITHIN
16 FIVE PERCENT OF THE BID OF THE LOWEST RESPONSIBLE BIDDER AND IF THE
17 PRINCIPAL PLACE OF BUSINESS OF SUCH BIDDER IS LOCATED WITHIN THE COUNTY
18 OF CAYUGA. In any case where a responsible bidder's gross price is
19 reducible by an allowance for the value of used machinery, equipment,
20 apparatus or tools to be traded in by a political subdivision, the gross
21 price shall be reduced by the amount of such allowance, for the purpose
22 of determining the low bid. In cases where two or more responsible
23 bidders furnishing the required security submit identical bids as to
24 price, such officer, board or agency may award the contract to any of
25 such bidders. Such officer, board or agency may, in his or its
26 discretion, reject all bids and readvertise for new bids in the manner
27 provided by this section. For purposes of this section, "sealed bids",
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00833-01-9
S. 4761 2
1 as that term applies to purchase contracts, shall include bids submitted
2 in an electronic format, provided that the governing board of the poli-
3 tical subdivision or district, by resolution, has authorized the receipt
4 of bids in such format. Submission in electronic format may not, howev-
5 er, be required as the sole method for the submission of bids. Bids
6 submitted in an electronic format shall be transmitted by bidders to the
7 receiving device designated by the political subdivision or district.
8 Any method used to receive electronic bids shall comply with article
9 three of the state technology law, and any rules and regulations promul-
10 gated and guidelines developed thereunder and, at a minimum, must (a)
11 document the time and date of receipt of each bid received electron-
12 ically; (b) authenticate the identity of the sender; (c) ensure the
13 security of the information transmitted; and (d) ensure the confiden-
14 tiality of the bid until the time and date established for the opening
15 of bids. The timely submission of an electronic bid in compliance with
16 instructions provided for such submission in the advertisement for bids
17 and/or the specifications shall be the responsibility solely of each
18 bidder or prospective bidder. No political subdivision or district ther-
19 ein shall incur any liability from delays of or interruptions in the
20 receiving device designated for the submission and receipt of electronic
21 bids.
22 S 2. Subdivision 1 of section 103 of the general municipal law, as
23 amended by chapter 413 of the laws of 1991, is amended to read as
24 follows:
25 1. Except as otherwise expressly provided by an act of the legislature
26 or by a local law adopted prior to September first, nineteen hundred
27 fifty-three, all contracts for public work involving an expenditure of
28 more than twenty thousand dollars and all purchase contracts involving
29 an expenditure of more than ten thousand dollars, shall be awarded by
30 the appropriate officer, board or agency of a political subdivision or
31 of any district therein including but not limited to a soil conservation
32 district, to the lowest responsible bidder furnishing the required secu-
33 rity after advertisement for sealed bids in the manner provided by this
34 section. In any case where a responsible bidder's gross price is reduci-
35 ble by an allowance for the value of used machinery, equipment, appara-
36 tus or tools to be traded in by a political subdivision, the gross price
37 shall be reduced by the amount of such allowance, for the purpose of
38 determining the low bid. In cases where two or more responsible bidders
39 furnishing the required security submit identical bids as to price, such
40 officer, board or agency may award the contract to any of such bidders.
41 Such officer, board or agency may, in his or its discretion, reject all
42 bids and readvertise for new bids in the manner provided by this
43 section; PROVIDED, HOWEVER, THAT IN THE CITY OF AUBURN, FOR PUBLIC WORKS
44 AND PURCHASE CONTRACTS UP TO ONE HUNDRED THOUSAND DOLLARS, SUCH
45 CONTRACTS MAY BE AWARDED TO THE RESPONSIBLE BIDDER WHOSE BID IS WITHIN
46 FIVE PERCENT OF THE BID OF THE LOWEST RESPONSIBLE BIDDER AND IF THE
47 PRINCIPAL PLACE OF BUSINESS OF SUCH BIDDER IS LOCATED WITHIN THE COUNTY
48 OF CAYUGA.
49 S 3. This act shall take effect immediately, provided that the amend-
50 ments to subdivision 1 of section 103 of the general municipal law made
51 by section one of this act shall be subject to the expiration and rever-
52 sion of such subdivision pursuant to subdivision (a) of section 41 of
53 part X of chapter 62 of the laws of 2003, as amended, when upon such
54 date the provisions of section two of this act shall take effect.
