STATE OF NEW YORK ________________________________________________________________________

7707--A

2021-2022 Regular Sessions

IN ASSEMBLY

May 20, 2021 ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee on Corporations, Authorities and Commissions -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the public authorities law, in relation to contracts awarded by the New York city transit authority and the metropolitan commuter transportation authority

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Paragraph (b) of subdivision 8 of section 1209 of the 2 public authorities law, as added by chapter 929 of the laws of 1986, is 3 amended to read as follows: 4 (b) The authority may designate any officer or employee to open the 5 bids at the time and place bids are to be opened and may designate an 6 officer to award the contract to the lowest responsible bidder. Such 7 designee shall make a record of all bids in such form and detail as the 8 authority shall prescribe. All bids received shall be publicly opened 9 and read at the time [and], place and in the manner specified in the 10 advertisement or specified at the time of solicitation, or to which the 11 opening and reading or posting have been adjourned by the authority, 12 provided that any sealed bid may be received and secured through an 13 electronic platform as permitted by the authority, and that any sealed 14 bid received electronically is made public at the same time as any 15 competing paper bid. The authority shall, at minimum, provide the same 16 opportunity and time for submitting sealed bids physically as for sealed 17 bids submitted electronically, and shall provide the opportunity for 18 bidders to submit sealed bids physically any time that it provides the 19 opportunity to submit sealed electronic bids. In addition, the authority 20 shall establish a process for accommodating force majeure events that 21 prevent the submission of a sealed electronic bid, including but not 22 limited to internet and power outage events, and for automatically

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11580-03-1

A. 7707--A 2

1 confirming receipt of any sealed electronic bid received. All bidders 2 shall be notified of the time and place of any such adjournment. 3 § 2. Paragraph (b) of subdivision 3 of section 1265-a of the public 4 authorities law, as added by chapter 929 of the laws of 1986, is amended 5 to read as follows: 6 (b) The authority may designate any officer or employee to open the 7 bids at the time and place bids are to be opened and may designate an 8 officer to award the contract to the lowest responsible bidder. Such 9 designee shall make a record of all bids in such form and detail as the 10 authority shall prescribe. All bids received shall be publicly opened 11 and read at the time [and], place and in the manner specified in the 12 advertisement or at the time of solicitation, or to which the opening 13 and reading or posting have been adjourned by the authority, provided 14 that any sealed bid may be received and secured through an electronic 15 platform as permitted by the authority, and that any sealed bid received 16 electronically is made public at the same time as any competing paper 17 bid. The authority shall, at minimum, provide the same opportunity and 18 time for submitting sealed bids physically as for sealed bids submitted 19 electronically, and shall provide the opportunity for bidders to submit 20 sealed bids physically any time that it provides the opportunity to 21 submit sealed electronic bids. In addition, the authority shall estab- 22 lish a process for accommodating force majeure events that prevent the 23 submission of a sealed electronic bid, including but not limited to 24 internet and power outage events, and for automatically confirming 25 receipt of any sealed electronic bid received. All bidders shall be 26 notified of the time and place of any such adjournment. 27 § 3. This act shall take effect immediately.