S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9813--A
 
                           I N  A S S E M B L Y
 
                             February 9, 2018
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee   on   Corporations,  Authorities  and  Commissions  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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:
 
   Section 1. Subdivision i of section 311 of the New York city  charter,
 as  added  by  chapter  504  of  the laws of 2017, is amended to read as
 follows:
   i. In addition to other rules authorized by this  section,  the  board
 may provide by rule that:
   1.  agencies  may  make procurements of goods and services for amounts
 not exceeding [one] FOUR hundred [fifty]  thousand  dollars  from  busi-
 nesses  certified as minority or women-owned business enterprises pursu-
 ant to section thirteen hundred four of the  charter  without  a  formal
 competitive process.
   2. agencies may award contracts for goods and services on the basis of
 best  value  to  the bidder or offerer which optimizes quality, cost and
 efficiency, among responsive and responsible bidders or  offerers.  Such
 basis shall reflect, wherever possible, objective and quantifiable anal-
 ysis  and  may include the prospective bidder's record of complying with
 existing labor standards, maintaining harmonious  labor  relations,  and
 protecting the health and safety of workers. Such basis may also identi-
 fy a quantitative factor for awarding of contracts for bidders or offer-
 ers  that  are  businesses certified as minority or women-owned business
 enterprises pursuant to section thirteen hundred four of the charter.
   3. the rule or rules promulgated to implement paragraph  one  of  this
 subdivision  shall  provide that the city shall, commencing on the first
 of October of the first full calendar year  following  the  adoption  of
 such  rule  or  rules,  submit  an annual report to the governor and the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14622-06-8

 A. 9813--A                          2
 
 state legislature of the total number and total dollar value of procure-
 ments of goods and services for amounts not exceeding [one] FOUR hundred
 [fifty] thousand dollars from:
   (i)  businesses  certified  as minority or women-owned business enter-
 prises pursuant to section thirteen hundred four of the charter;
   (ii) all other businesses; and
   (iii) information about the number of businesses certified as minority
 or women-owned business enterprises pursuant to section thirteen hundred
 four of this charter able to perform the specific type and scale of work
 involved in each procurement.
   § 2. Subdivisions 2 and 8 of section 1734 of  the  public  authorities
 law, as added by chapter 738 of the laws of 1988, are amended to read as
 follows:
   2.  a.  Except  as  otherwise  provided  in this section, all purchase
 contracts for supplies, materials or equipment  involving  an  estimated
 expenditure  in  excess  of  ten  thousand dollars and all contracts for
 public work involving an estimated expenditure in excess of fifty  thou-
 sand dollars shall be awarded by the authority to the lowest responsible
 bidder  after obtaining sealed bids in the manner hereinafter set forth,
 PROVIDED HOWEVER  THAT  THE  AUTHORITY  MAY  ENTER  INTO  CONTRACTS  FOR
 SUPPLIES,  MATERIALS, EQUIPMENT OR PUBLIC WORK FOR AMOUNTS NOT EXCEEDING
 FOUR HUNDRED THOUSAND DOLLARS FROM BUSINESSES CERTIFIED AS  MINORITY  OR
 WOMEN-OWNED  BUSINESS  ENTERPRISES PURSUANT TO SECTION SEVENTEEN HUNDRED
 FORTY-THREE OF THIS TITLE OR FROM LOCALLY BASED ENTERPRISES WITH BIDDERS
 OR OFFERERS THAT ARE NOT THE LOWEST RESPONSIBLE BIDDER OR  OFFERER,  AND
 WITHOUT  OBTAINING  SEALED BIDS IN THE MANNER HEREINAFTER SET FORTH. For
 purposes hereof, contracts for public work shall exclude  contracts  for
 personal, engineering and architectural, or professional services.
   b. The authority may reject all bids and obtain new bids in the manner
 provided  by  this section when it deems it in the public interest to do
 so or, in cases where two or more responsible bidders  submit  identical
 bids  which  are  the  lowest  bids,  award  the contract to any of such
 bidders or obtain new bids from such bidders. Nothing herein shall obli-
 gate the authority to seek new bids after the rejection of bids or after
 cancellation of an invitation to bid.  Nothing  in  this  section  shall
 prohibit the evaluation of bids on the basis of costs or savings includ-
 ing  life  cycle  costs  of  the  item to be purchased, discounts, [and]
 inspection services, OR BEST VALUE  TO  THE  AUTHORITY  WHICH  OPTIMIZES
 QUALITY,  COST,  AND EFFICIENCY so long as the invitation to bid reason-
 ably sets forth the criteria to be used  in  evaluating  such  costs  or
 savings,  OR BEST VALUE. SUCH BEST VALUE EVALUATION MAY IDENTIFY A QUAN-
 TITATIVE FACTOR FOR THE AWARDING OF CONTRACTS  TO  BIDDERS  OR  OFFERERS
 THAT  ARE  LOCALLY BASED ENTERPRISES OR BUSINESSES CERTIFIED AS MINORITY
 OR  WOMEN-OWNED  BUSINESS  ENTERPRISES  PURSUANT  TO  SECTION  SEVENTEEN
 HUNDRED  FORTY-THREE  OF  THIS  TITLE.  Life cycle costs may include but
 shall not be limited to costs or savings associated  with  installation,
 energy use, maintenance, operation and salvage or disposal.
   8.  [The]  EXCEPT  FOR  CONTRACTS  NOT EXCEEDING FOUR HUNDRED THOUSAND
 DOLLARS AWARDED TO BUSINESSES CERTIFIED AS MINORITY OR WOMEN-OWNED BUSI-
 NESS ENTERPRISES PURSUANT TO SECTION SEVENTEEN  HUNDRED  FORTY-THREE  OF
 THIS  TITLE, THE authority shall be subject to the provisions of section
 twenty-eight hundred seventy-nine of this chapter in awarding  contracts
 for personal services.
   §  3.  This  act  shall  take  effect  immediately  and shall apply to
 procurements occurring on or after such effective date.