Authorizes the New York city school construction authority to award certain contracts for goods or services to minority- or women-owned businesses without a competitive bidding process.
STATE OF NEW YORK
________________________________________________________________________
1440
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
___________
Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to authorizing
the New York City school construction authority to award certain
contracts to minority or women-owned businesses without a competitive
bidding process
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 2 and 8 of section 1734 of the public authori-
2 ties law, as added by chapter 738 of the laws of 1988, are amended to
3 read as follows:
4 2. a. Except as otherwise provided in this section, all purchase
5 contracts for supplies, materials or equipment involving an estimated
6 expenditure in excess of ten thousand dollars and all contracts for
7 public work involving an estimated expenditure in excess of fifty thou-
8 sand dollars shall be awarded by the authority to the lowest responsible
9 bidder after obtaining sealed bids in the manner hereinafter set forth,
10 provided however that the authority may enter into contracts for
11 supplies, materials, equipment or public work for amounts not exceeding
12 one hundred fifty thousand dollars from businesses certified as minority
13 or women-owned business enterprises pursuant to section seventeen
14 hundred forty-three of this title or from locally based enterprises with
15 bidders or offerers that are not the lowest responsible bidder or offer-
16 er, and without obtaining sealed bids in the manner hereinafter set
17 forth. For purposes hereof, contracts for public work shall exclude
18 contracts for personal, engineering and architectural, or professional
19 services.
20 b. The authority may reject all bids and obtain new bids in the manner
21 provided by this section when it deems it in the public interest to do
22 so or, in cases where two or more responsible bidders submit identical
23 bids which are the lowest bids, award the contract to any of such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00307-01-9
A. 1440 2
1 bidders or obtain new bids from such bidders. Nothing herein shall obli-
2 gate the authority to seek new bids after the rejection of bids or after
3 cancellation of an invitation to bid. Nothing in this section shall
4 prohibit the evaluation of bids on the basis of costs or savings includ-
5 ing life cycle costs of the item to be purchased, discounts, and
6 inspection services so long as the invitation to bid reasonably sets
7 forth the criteria to be used in evaluating such costs or savings. Life
8 cycle costs may include but shall not be limited to costs or savings
9 associated with installation, energy use, maintenance, operation and
10 salvage or disposal.
11 8. [The] Except for contracts not exceeding one hundred fifty thousand
12 dollars awarded to businesses certified as minority or women-owned busi-
13 ness enterprises pursuant to section seventeen hundred forty-three of
14 this title, the authority shall be subject to the provisions of section
15 twenty-eight hundred seventy-nine of this chapter in awarding contracts
16 for personal services.
17 § 2. This act shall take effect immediately and shall apply to
18 procurements occurring on or after such effective date.