New York A 3848: Relates to advertising for bids and offers; letting of contracts

Bill Text

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A03848 Summary:

BILL NOA03848 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORBrabenec

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §103, Gen Muni L

&nbsp

Relates to advertising for bids and offers; letting of contracts; raises the aggregate amount for sealed bids above the current levels for commodities from $20,000 to $80,000 and public works from $35,000 to $125,000.

Go to top A03848 Actions:

BILL NOA03848 

&nbsp

01/30/2025referred to local governments

01/07/2026referred to local governments

Go to topA03848 Committee&nbspVotes:

Go to topA03848 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03848 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3848

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
 tee on Local Governments

 AN ACT to amend the general municipal law, in relation to advertising
 for bids and offers; letting of 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 668 of the laws of 2023, 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 [thirty-five] one hundred twenty-five thousand dollars and all
 8 purchase contracts involving an expenditure of more than [twenty] eighty
 9 thousand dollars, shall be awarded by the appropriate officer, board or
 10 agency of a political subdivision or of any district therein including
 11 but not limited to a soil conservation district to the lowest responsi-
 12 ble bidder furnishing the required security after advertisement for
 13 sealed bids in the manner provided by this section, provided, however,
 14 that purchase contracts (including contracts for service work, but
 15 excluding any purchase contracts necessary for the completion of a
 16 public works contract pursuant to article eight of the labor law) may be
 17 awarded on the basis of best value, as defined in section one hundred
 18 sixty-three of the state finance law, to a responsive and responsible
 19 bidder or offerer in the manner provided by this section except that in
 20 a political subdivision other than a city with a population of one
 21 million inhabitants or more or any district, board or agency with juris-
 22 diction exclusively therein the use of best value for awarding a
 23 purchase contract or purchase contracts must be authorized by local law
 24 or, in the case of a district corporation, school district or board of
 25 cooperative educational services, by rule, regulation or resolution

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02382-01-5

 A. 3848 2

 1 adopted at a public meeting. In any case where a responsible bidder's or
 2 responsible offerer's gross price is reducible by an allowance for the
 3 value of used machinery, equipment, apparatus or tools to be traded in
 4 by a political subdivision, the gross price shall be reduced by the
 5 amount of such allowance, for the purpose of determining the best value.
 6 In cases where two or more responsible bidders furnishing the required
 7 security submit identical bids as to price, such officer, board or agen-
 8 cy may award the contract to any of such bidders. Such officer, board or
 9 agency may, in [his or her] their or its discretion, reject all bids or
 10 offers and readvertise for new bids or offers in the manner provided by
 11 this section. In determining whether a purchase is an expenditure within
 12 the discretionary threshold amounts established by this subdivision, the
 13 officer, board or agency of a political subdivision or of any district
 14 therein shall consider the reasonably expected aggregate amount of all
 15 purchases of the same commodities, services or technology to be made
 16 within the twelve-month period commencing on the date of purchase.
 17 Purchases of commodities, services or technology shall not be arti