Bill Text: NY S07362 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Allows a city with a population of one million inhabitants or more, or any district, board or agency with jurisdiction exclusively within such city, to authorize or require bids and offers for any contract to be submitted in an electronic format; provides such city, district, board or agency may conduct a public opening and reading of bids or identification of offerers.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-11-17 - SIGNED CHAP.668 [S07362 Detail]

Download: New_York-2023-S07362-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7362

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 19, 2023
                                       ___________

        Introduced  by  Sen.  COONEY -- (at request of the NYC Mayor's Office of
          Contract Services) -- read twice and ordered printed, and when printed
          to be committed to the Committee on Procurement and Contracts

        AN ACT to amend the general municipal law and part X of  chapter  62  of
          the  laws  of  2003  amending  the general business law and other laws
          generally relating to implementing  the  state  fiscal  plan  for  the
          2003-2004 state fiscal year, in relation to electronic bidding

          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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11218-01-3
        S. 7362                             2

     1  contracts  must be authorized by local law or, in the case of a district
     2  corporation,  school  district  or  board  of  cooperative   educational
     3  services, by rule, regulation or resolution adopted at a public meeting.
     4  In  any case where a responsible bidder's or responsible offerer's gross
     5  price is reducible by an allowance for  the  value  of  used  machinery,
     6  equipment,  apparatus  or  tools to be traded in by a political subdivi-
     7  sion, the gross price shall be reduced by the amount of such  allowance,
     8  for  the  purpose  of determining the best value.  In cases where two or
     9  more responsible bidders furnishing the required security submit identi-
    10  cal bids as to price, such  officer,  board  or  agency  may  award  the
    11  contract  to  any of such bidders. Such officer, board or agency may, in
    12  his or her or its discretion, reject all bids or offers and  readvertise
    13  for new bids or offers in the manner provided by this section. In deter-
    14  mining  whether  a  purchase  is an expenditure within the discretionary
    15  threshold amounts established by this subdivision, the officer, board or
    16  agency of a political subdivision  or  of  any  district  therein  shall
    17  consider  the  reasonably  expected aggregate amount of all purchases of
    18  the same commodities, services or  technology  to  be  made  within  the
    19  twelve-month  period  commencing  on the date of purchase.  Purchases of
    20  commodities, services or technology shall not  be  artificially  divided
    21  for the purpose of satisfying the discretionary buying thresholds estab-
    22  lished  by this subdivision. A change to or a renewal of a discretionary
    23  purchase shall not be permitted if the change or renewal would bring the
    24  reasonably expected aggregate  amount  of  all  purchases  of  the  same
    25  commodities,  services  or  technology from the same provider within the
    26  twelve-month period commencing on the date of the first purchase  to  an
    27  amount  greater  than  the  discretionary  buying  threshold amount. For
    28  purposes of this section, "sealed bids" and  "sealed  offers",  as  that
    29  term  applies  to  purchase  contracts, (including contracts for service
    30  work, but excluding any purchase contracts necessary for the  completion
    31  of  a  public works contract pursuant to article eight of the labor law)
    32  shall include bids and offers submitted in an electronic format  includ-
    33  ing submission of the statement of non-collusion required by section one
    34  hundred  three-d  of  this article, provided that the governing board of
    35  the political subdivision or district, by resolution, has authorized the
    36  receipt of bids and offers in  such  format.  Submission  in  electronic
    37  format may, for technology contracts only, be required as the sole meth-
    38  od  for  the  submission  of  bids and offers. Notwithstanding any other
    39  provision of this section, the appropriate officer, board or agency of a
    40  city with a population of  one  million  inhabitants  or  more,  or  any
    41  district,  board  or  agency  with  jurisdiction exclusively within such
    42  city, may authorize or require bids and offers for any  contract  to  be
    43  submitted  in  an electronic format, and with respect to such contracts,
    44  the terms "sealed bids" and  "sealed  offers"  shall  include  bids  and
    45  offers  submitted  in  an electronic format, including submission of the
    46  statement of non-collusion required by section one  hundred  three-d  of
    47  this article. Bids and offers submitted in an electronic format shall be
    48  transmitted  by  bidders and offerers to the receiving device designated
    49  by the political subdivision or district. Any  method  used  to  receive
    50  electronic  bids and offers shall comply with article three of the state
    51  technology law, and any rules and regulations promulgated and guidelines
    52  developed thereunder and, at a minimum, must (a) document the  time  and
    53  date  of  receipt  of  each  bid  and offer received electronically; (b)
    54  authenticate the identity of the sender; (c) ensure the security of  the
    55  information  transmitted;  and (d) ensure the confidentiality of the bid
    56  or offer until the time and date established for the opening of bids  or
        S. 7362                             3

     1  offers.  The  timely submission of an electronic bid or offer in compli-
     2  ance with instructions provided for such submission in the advertisement
     3  for bids or offers and/or the specifications shall be the responsibility
     4  solely  of  each  bidder or offerer or prospective bidder or offerer. No
     5  political subdivision or district therein shall incur any liability from
     6  delays of or interruptions in the receiving device  designated  for  the
     7  submission and receipt of electronic bids and offers.
     8    §  2.  Subdivision  2  of section 103 of the general municipal law, as
     9  amended by section 1 of chapter 367 of the laws of 2014, is  amended  to
    10  read as follows:
    11    2.  Advertisement  for bids and offers shall be published in the offi-
    12  cial newspaper or newspapers, if any, or otherwise  in  a  newspaper  or
    13  newspapers  designated  for  such  purpose  and  may be published in the
    14  procurement opportunities newsletter pursuant to article four-C  of  the
    15  economic  development  law. Such advertisement shall contain a statement
    16  of the time when and place where all  bids  received  pursuant  to  such
    17  notice  will  be  publicly opened and read and where the identity of all
    18  offerers will be publicly disclosed, and the designation of the  receiv-
    19  ing device if the political subdivision or district, or in a city with a
    20  population  of one million inhabitants or more or any district, board or
    21  agency with jurisdiction exclusively therein, the  appropriate  officer,
    22  district,  board  or  agency,  has authorized or required the receipt of
    23  bids and offers in an electronic format. Such board  or  agency  may  by
    24  resolution designate any officer or employee to open the bids and offers
    25  at  the time and place specified in the notice. Such designee shall make
    26  a record of such bids and offers in such form and detail as the board or
    27  agency shall prescribe and present the  same  at  the  next  regular  or
    28  special  meeting  of  such  board  or agency. All bids received shall be
    29  publicly opened and read at the time and  place  so  specified  and  the
    30  identity  of  all  offerers  shall be publicly disclosed at the time and
    31  place so specified. Notwithstanding any other provision of this section,
    32  the appropriate officer, board or agency of a city with a population  of
    33  one  million  inhabitants or more, or any district, board or agency with
    34  jurisdiction exclusively within such city, shall conduct a public  open-
    35  ing  and  reading  of  bids or identification of offerers, provided that
    36  such district, officer, board or agency may  conduct  such  opening  and
    37  reading or identification by means of livestreaming on a publicly acces-
    38  sible  website  listed in the advertisement at a time and date specified
    39  in such advertisement, and post a record of such bids or offers and  any
    40  other required information on a website maintained or controlled by such
    41  district,  officer, board or agency on such date or as soon as practica-
    42  ble thereafter. At least five days shall elapse between the first publi-
    43  cation of such advertisement and the date so specified for  the  opening
    44  and reading of bids and offers.
    45    §  3.  Section 41 of part X of chapter 62 of the laws of 2003 amending
    46  the general business law and other laws generally relating to implement-
    47  ing the state fiscal plan  for  the  2003-2004  state  fiscal  year,  as
    48  amended  by  chapter  70  of  the  laws  of  2018, is amended to read as
    49  follows:
    50    § 41. This act shall take effect immediately; provided, however,
    51    (a) that sections four, five, six, seven, eight and nine of  this  act
    52  shall  expire  June 1, [2023] 2028 when upon such date the provisions of
    53  such sections shall be deemed repealed;
    54    (b) section thirty-nine of this act shall be deemed to  have  been  in
    55  full  force  and  effect  on  and after April 1, 2003; provided that the
    56  provisions of subdivision 9 of section 54 of the state finance  law,  as
        S. 7362                             4

     1  added  by  section  thirty-nine  of this act, shall expire and be deemed
     2  repealed at the close of the state fiscal year ending on March 31, 2004;
     3  and
     4    (c)  section  forty  of  this act shall be deemed to have been in full
     5  force and effect on and after April 1, 2003.
     6    § 4. This act shall take effect immediately; provided, however, that:
     7    (a) the amendments to subdivisions 1 and  2  of  section  103  of  the
     8  general municipal law made by sections one and two of this act shall not
     9  apply to any solicitation released prior to the date upon which this act
    10  takes effect;
    11    (b)  the  amendments  to  subdivisions  1  and 2 of section 103 of the
    12  general municipal law made by sections one and two of this act shall not
    13  affect the expiration and reversion of such subdivisions as provided  in
    14  subdivision  (a)  of  section  41 of part X of chapter 62 of the laws of
    15  2003, as amended, and shall expire and be deemed repealed therewith; and
    16    (c) if this act shall become a law after June 1, 2023, the  amendments
    17  to  subdivision (a) of section 41 of part X of chapter 62 of the laws of
    18  2003, made by section three of this act shall be deemed to have been  in
    19  effect on and after such date.