S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1026
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Cities
 
 AN  ACT  to  amend  chapter  749  of  the laws of 2019, authorizing, for
   certain public works undertaken pursuant to project labor  agreements,
   use   of   the  alternative  delivery  method  known  as  design-build
   contracts, in relation to requiring qualification-based  criteria  for
   awarding certain contracts for services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2 of chapter 749 of the laws of 2019,  authorizing,
 for  certain  public  works  undertaken pursuant to project labor agree-
 ments, use of the alternative  delivery  method  known  as  design-build
 contracts,  is  amended  by  adding  a  new  subdivision  (f) to read as
 follows:
   (F)  "QUALIFICATIONS-BASED"  SHALL  MEAN  THE  BASIS  FOR  AWARDING  A
 CONTRACT  FOR  SERVICES  TO AN ENTITY THAT SUBMITS A STATEMENT OF QUALI-
 FICATIONS IN RESPONSE TO A REQUEST FOR QUALIFICATIONS WHEN AN AUTHORIZED
 ENTITY UTILIZES A ONE-STEP METHOD.
   § 2. The opening paragraph and  paragraph  1  of  subdivision  (a)  of
 section  4  of chapter 749 of the laws of 2019, authorizing, for certain
 public works undertaken pursuant to project labor agreements, use of the
 alternative delivery method known as design-build contracts, are amended
 to read as follows:
   A contractor selected by such an authorized entity  to  enter  into  a
 design-build  contract  shall be selected through a ONE-STEP OR two-step
 method, as follows:
   (1) Step one. Generation of a list of responding  entities  that  have
 demonstrated   the   general  capability  to  perform  the  design-build
 contract. Such list shall consist of a specified  number  of  responding
 entities,  as determined by an authorized entity, and shall be generated
 based upon the authorized entity's review of  responses  to  a  publicly

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04468-01-3
              

 A. 1026                             2
 
 advertised  request  for qualifications. The authorized entity's request
 for qualifications shall include a general  description  of  the  public
 work,  the  maximum  number of responding entities to be included on the
 list,  the selection criteria to be used and the relative weight of each
 criteria in generating the list.  Such selection criteria shall  include
 the  qualifications  and experience of the design and construction team,
 organization, demonstrated responsibility, ability of the team or  of  a
 member  or  members  of the team to comply with applicable requirements,
 including the provisions of articles 145, 147 and 148 of  the  education
 law, past record of compliance with the labor law, and such other quali-
 fications the authorized entity deems appropriate, which may include but
 are  not  limited  to  project  understanding,  financial capability and
 record of past performance. The authorized  entity  shall  evaluate  and
 rate  all  responding entities to the request for qualifications.  Based
 upon such ratings, the authorized entity shall list the responding enti-
 ties that shall receive a request for proposals in accordance with para-
 graph two of this subdivision. To the extent consistent with  applicable
 federal  law,  the  authorized  entity shall consider, when awarding any
 contract pursuant to this section, the participation of  (i)  responding
 entities  that are certified as minority- or women-owned business enter-
 prises pursuant to article 15-A  of  the  executive  law,  or  certified
 pursuant  to local law as minority- or women-owned business enterprises,
 or, where the New York city school construction authority  acts  as  the
 authorized  entity,  certified  pursuant  to  section 1743 of the public
 authorities law; and (ii) small business concerns identified pursuant to
 subdivision (b) of section 139-g of the state finance law. In  addition,
 nothing  in this section shall be deemed to supersede any pre-qualifica-
 tion guidelines or requirements  otherwise  authorized  by  law  for  an
 authorized  entity.    IF  THE AUTHORIZED ENTITY IS UTILIZING A ONE-STEP
 SELECTION, SUCH SELECTION SHALL BE MADE ON CRITERIA  SET  FORTH  IN  THE
 REQUEST FOR QUALIFICATIONS AND AWARD SHALL BE MADE TO THE BEST-QUALIFIED
 CONTRACTOR. THE PARTIES MAY ENTER INTO ONE CONTRACT WITH TWO PHASES OR A
 SEPARATE CONTRACT FOR EACH OF THE TWO PHASES OF WORK.
   §  3.  This  act shall take effect immediately; provided, however that
 the amendments to chapter 749 of the laws of 2019 made by  sections  one
 and  two  of  this  act  shall not affect the repeal of such chapter and
 shall be deemed repealed therewith.