Requires public notice and comment for any contract for goods, services or construction to be awarded by other than competitive sealed bidding or competitive sealed bids from prequalified vendors in excess of a threshold established by the procurement policy board by rule; provides for the repeal of such provisions upon the expiration thereof.
STATE OF NEW YORK
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7383--A
Cal. No. 308
2023-2024 Regular Sessions
IN SENATE
May 22, 2023
___________
Introduced by Sens. SEPULVEDA, PARKER -- (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 Cities 1 -- recommit-
ted to the Committee on Cities 1 in accordance with Senate Rule 6,
sec. 8 -- reported favorably from said committee, ordered to first and
second report, ordered to a third reading, passed by Senate and deliv-
ered to the Assembly, recalled, vote reconsidered, restored to third
reading, amended and ordered reprinted, retaining its place in the
order of third reading
AN ACT to amend the New York city charter, in relation to public notice
and comment for certain contracts; and providing for the repeal of
such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 326 of the New York city charter, as amended by
2 local law number 19 of the city of New York for the year 2004, is
3 amended to read as follows:
4 § 326. Public [hearings] notice and comment on contract awards. a.
5 Prior to entering into any contract for goods, services or construction
6 to be awarded by other than competitive sealed bidding or competitive
7 sealed bids from prequalified vendors, the value of which exceeds one
8 hundred thousand dollars, the agency shall [upon reasonable public] give
9 notice [conduct a public hearing to receive testimony regarding the
10 proposed contract. Notwithstanding the preceding sentence, if within a
11 period of time after such notice, which period of time shall be deter-
12 mined by the procurement policy board, no individual requests an oppor-
13 tunity to speak at such a public hearing with respect to any such
14 proposed contract the value of which does not exceed one million
15 dollars, then such public hearing need not be conducted] in the City
16 Record that comments on the proposed contract may be submitted online
17 for a period of time of not less than seven days, determined by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11214-05-4
S. 7383--A 2
1 procurement policy board by rule, provided that such period of time
2 shall commence no earlier than the date such notice is given. A
3 description of the scope of work and key terms of the contract shall be
4 included in such notice which shall at minimum include: (i) the agency
5 name, (ii) the procurement identification number(PIN), (iii) a brief
6 description of the goods, services, or construction to be procured, and
7 method of source selection, (iv) the name and address of the proposed
8 vendor and location of the proposed program, project, or worksite, and
9 (v) the dollar amount of the proposed contract. The procurement policy
10 board may by rule exempt from this public [hearing] notice and comment
11 requirement contracts to be let which do not differ materially in terms
12 and conditions, as defined by the board, from contracts currently held
13 by the city where the parties to such contracts are the same; provided,
14 that under no circumstance may such exemption apply to any contract in
15 value exceeding ten million dollars.
16 b. The requirements of this section shall not apply to any procurement
17 (i) let pursuant to a finding of an emergency under section three
18 hundred fifteen, (ii) required to be made on an accelerated basis due to
19 markets which experience significant, short-term price fluctuations, as
20 identified by rule of the board, or (iii) where [a] public [hearing]
21 notice pursuant to this section would disclose litigation strategy or
22 otherwise impair the conduct of litigation by the city.
23 § 2. No later than September 30, 2025, and no later than September 30
24 of each year thereafter, the mayor's office of contract services of the
25 city of New York shall submit to the governor, the temporary president
26 of the senate, the speaker of the assembly, the mayor of the city of New
27 York, and the comptroller of the city of New York a report relating to
28 public notice and comment on contracts of the city of New York pursuant
29 to section 326 of the New York city charter. Such report shall include,
30 but need not be limited to, the number of contracts for which public
31 notice and comment was provided pursuant to such section during the
32 previous fiscal year, the dollar value of any such contract, and whether
33 the threshold established pursuant to such section was modified during
34 the previous fiscal year and if so, the value of the threshold following
35 such modification.
36 § 3. This act shall take effect on the one hundred eightieth day after
37 it shall have become a law and shall expire and be deemed repealed Octo-
38 ber 1, 2030. Effective immediately, the affected agencies of the city of
39 New York, including but not limited to, the procurement policy board,
40 may take any actions necessary to effectuate the provisions of this act
41 prior to its effective date.
