S T A T E O F N E W Y O R K
________________________________________________________________________
281
2017-2018 Regular Sessions
I N A S S E M B L Y
January 5, 2017
___________
Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general municipal law, and the New York city char-
ter, in relation to opportunities for minority and women-owned busi-
ness enterprises and emerging business enterprises
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 1 of section 103 of
the general municipal law, as amended by section 1 of chapter 2 of the
laws of 2012, is amended to read as follows:
Except as otherwise expressly provided by an act of the legislature or
by a local law adopted prior to September first, nineteen hundred
fifty-three, all contracts for public work involving an expenditure of
more than thirty-five thousand dollars and all purchase contracts
involving an expenditure of more than twenty thousand dollars, shall be
awarded by the appropriate officer, board or agency of a political
subdivision or of any district therein including but not limited to a
soil conservation district to the lowest responsible bidder furnishing
the required security after advertisement for sealed bids in the manner
provided by this section, provided, however, that purchase contracts
(including contracts for service work, but excluding any purchase
contracts necessary for the completion of a public works contract pursu-
ant to article eight of the labor law) may be awarded on the basis of
best value, as defined in section one hundred sixty-three of the state
finance law; PROVIDED, HOWEVER, A CITY WITH A POPULATION OF ONE MILLION
INHABITANTS OR MORE MAY ALSO IDENTIFY A QUANTITATIVE FACTOR TO BE USED
IN EVALUATION OF BIDS OR OFFERS FOR AWARDING CONTRACTS FOR BIDDERS OR
OFFERERS THAT ARE MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISES CERTI-
FIED PURSUANT TO LOCAL LAW, to a responsive and responsible bidder or
offerer in the manner provided by this section except that in a poli-
tical subdivision other than a city with a population of one million
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01516-01-7
A. 281 2
inhabitants or more or any district, board or agency with jurisdiction
exclusively therein the use of best value for awarding a purchase
contract or purchase contracts must be authorized by local law or, in
the case of a district corporation, school district or board of cooper-
ative educational services, by rule, regulation or resolution adopted at
a public meeting. PROVIDED, HOWEVER, THAT A CITY HAVING A POPULATION OF
ONE MILLION INHABITANTS OR MORE IS AUTHORIZED TO AWARD PURCHASE
CONTRACTS TO BUSINESSES CERTIFIED AS MINORITY- OR WOMEN-OWNED BUSINESS
ENTERPRISES PURSUANT TO LOCAL LAW IN AN AMOUNT NOT TO EXCEED TWO HUNDRED
THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS.
§ 2. Section 103 of the general municipal law is amended by adding a
new subdivision 17 to read as follows:
17. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A CITY WITH A
POPULATION OF ONE MILLION INHABITANTS OR MORE MAY ESTABLISH A CAPACITY
BUILDING PROGRAM TO INCREASE THE CAPACITY OF BUSINESSES CERTIFIED AS
MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO LOCAL LAW TO
BID FOR AND PERFORM PUBLIC CONTRACTS, TO PROMOTE THE MEANINGFUL PARTIC-
IPATION OF SUCH FIRMS ON SUCH CONTRACTS. SUCH PROGRAM MAY PROVIDE
REASONABLE PROCEDURES TO SECURE THE MEANINGFUL PARTICIPATION OF SUCH
FIRMS IN THE PERFORMANCE OF PUBLIC CONTRACTS.
§ 3. Paragraph (a) of subdivision 15 of section 103 of the general
municipal law, as added by section 1-a of part MM of chapter 57 of the
laws of 2008, is amended to read as follows:
(a) Notwithstanding any general, special or local law or rule or regu-
lation to the contrary, an officer, board or agency of any county, any
school district or any political subdivision of the state with a popu-
lation of fifty thousand or more charged with awarding a contract for
public work, AND AN OFFICER, BOARD OR AGENCY IN A CITY WITH A POPULATION
OF ONE MILLION INHABITANTS OR MORE CHARGED WITH AWARDING A PURCHASE
CONTRACT, may establish guidelines governing the qualifications of
bidders seeking to bid or enter into such contracts. If such officer,
board or agency maintains an appropriate list of qualified bidders, the
bidding shall be restricted to those who have qualified prior to the
receipt of bids according to standards fixed by such officer, board or
agency. In determining whether a prospective bidder qualifies for inclu-
sion on a list of pre-qualified bidders, the officer, board or agency
shall consider the experience and record of performance of the prospec-
tive bidder in the particular type of work, as well as: (i) the prospec-
tive bidder's ability to undertake the particular type and complexity of
work; (ii) the financial capability, responsibility and reliability of
the prospective bidder for such type and complexity of work; (iii) the
record of the prospective bidder in complying with existing labor stand-
ards and maintaining harmonious labor relations; (iv) the prospective
bidder's compliance with equal employment opportunity requirements and
anti-discrimination laws, and demonstrated commitment to working with
minority and women-owned businesses through joint ventures or subcon-
tractor relationships; and (v) the record of the prospective bidder in
protecting the health and safety of workers on public works projects and
job sites as demonstrated by the prospective bidder's experience modifi-
cation rate for each of the last three years.
§ 4. The New York city charter is amended by adding a new section
314-a to read as follows:
§ 314-A. SHELTERED MARKET. THE PROCUREMENT POLICY BOARD MAY PROVIDE BY
RULE THAT AGENCIES MAY MAKE PROCUREMENTS OF GOODS, SERVICES,
CONSTRUCTION, OR CONSTRUCTION-RELATED SERVICES FOR AMOUNTS NOT EXCEEDING
TWO HUNDRED THOUSAND DOLLARS FROM MINORITY- OR WOMEN-OWNED BUSINESS
A. 281 3
ENTERPRISES CERTIFIED PURSUANT TO SECTION THIRTEEN HUNDRED FOUR OF THIS
CHAPTER WITHOUT A FORMAL COMPETITIVE PROCESS.
§ 5. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
§ 6. This act shall take effect immediately and shall apply to any
contract let or awarded on or after such date; provided, however that
the amendments to subdivision 1 of section 103 of the general municipal
law made by section one of this act shall not affect the expiration and
reversion of such subdivision as provided in subdivision (a) of section
41 of part X of chapter 62 of the laws of 2003, as amended and shall
expire and be deemed repealed therewith.