§ 103. Advertising for bids and offers; letting of contracts; criminal\nconspiracies. * 1. Except as otherwise expressly provided by an act of\nthe legislature or by a local law adopted prior to September first,\nnineteen hundred fifty-three, all contracts for public work involving an\nexpenditure of more than thirty-five thousand dollars and all purchase\ncontracts involving an expenditure of more than twenty thousand dollars,\nshall be awarded by the appropriate officer, board or agency of a\npolitical subdivision or of any district therein including but not\nlimited to a soil conservation district to the lowest responsible bidder\nfurnishing the required security after advertisement for sealed bids in\nthe manner provided by this section, provided, however, that purchase\ncontracts (including contracts for service work, but excluding any\npurchase contracts necessary for the completion of a public works\ncontract pursuant to article eight of the labor law) may be awarded on\nthe basis of best value, as defined in section one hundred sixty-three\nof the state finance law, to a responsive and responsible bidder or\nofferer in the manner provided by this section except that in a\npolitical subdivision other than a city with a population of one million\ninhabitants or more or any district, board or agency with jurisdiction\nexclusively therein the use of best value for awarding a purchase\ncontract or purchase contracts must be authorized by local law or, in\nthe case of a district corporation, school district or board of\ncooperative educational services, by rule, regulation or resolution\nadopted at a public meeting. In any case where a responsible bidder's or\nresponsible offerer's gross price is reducible by an allowance for the\nvalue of used machinery, equipment, apparatus or tools to be traded in\nby a political subdivision, the gross price shall be reduced by the\namount of such allowance, for the purpose of determining the best value.\nIn cases where two or more responsible bidders furnishing the required\nsecurity submit identical bids as to price, such officer, board or\nagency may award the contract to any of such bidders. Such officer,\nboard or agency may, in his or her or its discretion, reject all bids or\noffers and readvertise for new bids or offers in the manner provided by\nthis section. In determining whether a purchase is an expenditure within\nthe discretionary threshold amounts established by this subdivision, the\nofficer, board or agency of a political subdivision or of any district\ntherein shall consider the reasonably expected aggregate amount of all\npurchases of the same commodities, services or technology to be made\nwithin the twelve-month period commencing on the date of purchase.\nPurchases of commodities, services or technology shall not be\nartificially divided for the purpose of satisfying the discretionary\nbuying thresholds established by this subdivision. A change to or a\nrenewal of a discretionary purchase shall not be permitted if the change\nor renewal would bring the reasonably expected aggregate amount of all\npurchases of the same commodities, services or technology from the same\nprovider within the twelve-month period commencing on the date of the\nfirst purchase to an amount greater than the discretionary buying\nthreshold amount. For purposes of this section, "sealed bids" and\n"sealed offers", as that term applies to purchase contracts, (including\ncontracts for service work, but excluding any purchase contracts\nnecessary for the completion of a public works contract pursuant to\narticle eight of the labor law) shall include bids and offers submitted\nin an electronic format including submission of the statement of\nnon-collusion required by section one hundred three-d of this article,\nprovided that the governing board of the political subdivision or\ndistrict, by resolution, has authorized the receipt of bids and offers\nin such format. Submission in electronic format may
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