Rodriguez, Dickens, Barron, Seawright, Stirpe, Taylor, Anderson, Reyes, Simon
MLTSPNSR
Davila
Amd §311, NYC Chart
Expands contracting opportunities for businesses owned by women and minorities; provides for the consideration of contractor diversity practices when making award determinations.
STATE OF NEW YORK
________________________________________________________________________
7266--B
2021-2022 Regular Sessions
IN ASSEMBLY
April 29, 2021
___________
Introduced by M. of A. BICHOTTE HERMELYN, RODRIGUEZ, DICKENS, BARRON,
SEAWRIGHT, STIRPE, TAYLOR, ANDERSON, REYES, SIMON -- Multi-Sponsored
by -- M. of A. DAVILA -- read once and referred to the Committee on
Insurance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
AN ACT to amend the New York city charter in relation to opportunities
for businesses owned by women and minorities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision i of section 311 of the New York city charter,
2 as amended by chapter 19 of the laws of 2018, paragraph 1 as amended by
3 chapter 98 of the laws of 2019, is amended to read as follows:
4 i. In addition to other rules authorized by this section, the board
5 may provide by rule that:
6 1. agencies may make procurements of goods, services and construction
7 for amounts not exceeding [five hundred thousand] one million dollars
8 from businesses certified as minority or women-owned business enter-
9 prises pursuant to section thirteen hundred four of the charter without
10 a formal competitive process.
11 2. agencies may award contracts for goods and services on the basis of
12 best value to the bidder [or offerer] which optimizes quality, cost and
13 efficiency, among responsive and responsible bidders [or offerers]. Such
14 basis shall reflect, wherever possible, objective and quantifiable anal-
15 ysis and may include the [prospective] bidder's record of complying with
16 existing labor standards, maintaining harmonious labor relations, imple-
17 menting sound diversity practices and protecting the health and safety
18 of workers. Such basis may also identify a quantitative factor for
19 awarding of contracts for bidders [or offerers] that are businesses
20 certified as minority or women-owned business enterprises pursuant to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10927-05-1
A. 7266--B 2
1 article [fifteen-a] fifteen-A of the executive law and section thirteen
2 hundred four of the charter. Where an agency identifies a quantitative
3 factor pursuant to this paragraph, the agency must specify that busi-
4 nesses certified as minority or women-owned business enterprises pursu-
5 ant to article [fifteen-a] fifteen-A of the executive law as well as
6 those certified as minority or women-owned business enterprises pursuant
7 to section thirteen hundred four of the charter are eligible to qualify
8 for such factor. Nothing in this paragraph shall be construed as a
9 requirement that such businesses be concurrently certified as minority
10 or women-owned business enterprises under both article [fifteen-a]
11 fifteen-A of the executive law and section thirteen hundred four of the
12 charter to qualify for such quantitative factor.
13 3. agencies awarding construction contracts on the basis of compet-
14 itive sealed bidding pursuant to section three hundred thirteen of the
15 charter may identify a quantitative factor for bidders that are busi-
16 nesses certified as minority or women-owned business enterprises pursu-
17 ant to article fifteen-A of the executive law and section thirteen
18 hundred four of the charter. Where an agency identifies a quantitative
19 factor pursuant to this paragraph, the agency must specify that busi-
20 nesses certified as minority or women-owned business enterprises pursu-
21 ant to article fifteen-A of the executive law as well as those certified
22 as minority or women-owned business enterprises pursuant to section
23 thirteen hundred four of the charter are eligible to qualify for such
24 factor. Nothing in this paragraph shall be construed as a requirement
25 that such businesses be concurrently certified as minority or women-
26 owned business enterprises under both article fifteen-A of the executive
27 law and section thirteen hundred four of the charter to qualify for such
28 quantitative factor. Agencies may also identify a quantitative factor
29 for awarding of such construction contracts based on each bidder's
30 record of implementing sound diversity practices. Such basis shall
31 reflect, wherever possible, objective and quantifiable analysis.
32 4. the rule or rules promulgated to implement paragraph one of this
33 subdivision shall provide that the city shall, commencing on the first
34 of October of the first full calendar year following the adoption of
35 such rule or rules, submit an annual report to the governor and the
36 state legislature of the total number and total dollar value of procure-
37 ments of goods and services for amounts not exceeding [one hundred fifty
38 thousand dollars] the dollar threshold for making procurements without a
39 formal competitive process, as established by rule pursuant to paragraph
40 one of this subdivision, from:
41 (i) businesses certified as minority or women-owned business enter-
42 prises pursuant to section thirteen hundred four of the charter;
43 (ii) all other businesses; and
44 (iii) information about the number of businesses certified as minority
45 or women-owned business enterprises pursuant to section thirteen hundred
46 four of this charter able to perform the specific type and scale of work
47 involved in each procurement.
48 § 2. This act shall take effect immediately.
