STATE OF NEW YORK
________________________________________________________________________
1449
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 New York city charter and the public authorities
law, in relation to opportunities for minority and women-owned busi-
ness enterprises in a city having a population of more than one
million persons
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 added by chapter 19 of the laws of 2018, is amended to read as
3 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 and services for amounts
7 not exceeding [one] four hundred [fifty] thousand dollars from busi-
8 nesses certified as minority or women-owned business enterprises pursu-
9 ant to section thirteen hundred four of the charter without a formal
10 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, and
17 protecting the health and safety of workers. Such basis may also identi-
18 fy a quantitative factor for awarding of contracts for bidders or offer-
19 ers that are businesses certified as minority or women-owned business
20 enterprises pursuant to article fifteen-a of the executive law and
21 section thirteen hundred four of the charter. Where an agency identifies
22 a quantitative factor pursuant to this paragraph, the agency must speci-
23 fy that businesses certified as minority or women-owned business enter-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00285-01-9
A. 1449 2
1 prises pursuant to article fifteen-a of the executive law as well as
2 those certified as minority or women-owned business enterprises pursuant
3 to section thirteen hundred four of the charter are eligible to qualify
4 for such factor. Nothing in this paragraph shall be construed as a
5 requirement that such businesses be concurrently certified as minority
6 or women-owned business enterprises under both article fifteen-a of the
7 executive law and section thirteen hundred four of the charter to quali-
8 fy for such quantitative factor.
9 3. the rule or rules promulgated to implement paragraph one of this
10 subdivision shall provide that the city shall, commencing on the first
11 of October of the first full calendar year following the adoption of
12 such rule or rules, submit an annual report to the governor and the
13 state legislature of the total number and total dollar value of procure-
14 ments of goods and services for amounts not exceeding [one] four hundred
15 [fifty] thousand dollars from:
16 (i) businesses certified as minority or women-owned business enter-
17 prises pursuant to section thirteen hundred four of the charter;
18 (ii) all other businesses; and
19 (iii) information about the number of businesses certified as minority
20 or women-owned business enterprises pursuant to section thirteen hundred
21 four of this charter able to perform the specific type and scale of work
22 involved in each procurement.
23 § 2. Subdivisions 2 and 8 of section 1734 of the public authorities
24 law, as added by chapter 738 of the laws of 1988, are amended to read as
25 follows:
26 2. a. Except as otherwise provided in this section, all purchase
27 contracts for supplies, materials or equipment involving an estimated
28 expenditure in excess of ten thousand dollars and all contracts for
29 public work involving an estimated expenditure in excess of fifty thou-
30 sand dollars shall be awarded by the authority to the lowest responsible
31 bidder after obtaining sealed bids in the manner hereinafter set forth,
32 provided however that the authority may enter into contracts for
33 supplies, materials, equipment or public work for amounts not exceeding
34 four hundred thousand dollars from businesses certified as minority or
35 women-owned business enterprises pursuant to section seventeen hundred
36 forty-three of this title or from locally based enterprises with bidders
37 or offerers that are not the lowest responsible bidder or offerer, and
38 without obtaining sealed bids in the manner hereinafter set forth. For
39 purposes hereof, contracts for public work shall exclude contracts for
40 personal, engineering and architectural, or professional services.
41 b. The authority may reject all bids and obtain new bids in the manner
42 provided by this section when it deems it in the public interest to do
43 so or, in cases where two or more responsible bidders submit identical
44 bids which are the lowest bids, award the contract to any of such
45 bidders or obtain new bids from such bidders. Nothing herein shall obli-
46 gate the authority to seek new bids after the rejection of bids or after
47 cancellation of an invitation to bid. Nothing in this section shall
48 prohibit the evaluation of bids on the basis of costs or savings includ-
49 ing life cycle costs of the item to be purchased, discounts, [and]
50 inspection services, or best value to the authority which optimizes
51 quality, cost, and efficiency so long as the invitation to bid reason-
52 ably sets forth the criteria to be used in evaluating such costs or
53 savings, or best value. Such best value evaluation may identify a quan-
54 titative factor for the awarding of contracts to bidders or offerers
55 that are locally based enterprises or businesses certified as minority
56 or women-owned business enterprises pursuant to section seventeen
A. 1449 3
1 hundred forty-three of this title. Life cycle costs may include but
2 shall not be limited to costs or savings associated with installation,
3 energy use, maintenance, operation and salvage or disposal.
4 8. [The] Except for contracts not exceeding four hundred thousand
5 dollars awarded to businesses certified as minority or women-owned busi-
6 ness enterprises pursuant to section seventeen hundred forty-three of
7 this title, the authority shall be subject to the provisions of section
8 twenty-eight hundred seventy-nine of this chapter in awarding contracts
9 for personal services.
10 § 3. This act shall take effect immediately and shall apply to
11 procurements occurring on or after such effective date.