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.