S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7293
 
                             I N  S E N A T E
 
                              January 5, 2018
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT to amend the New York city charter, in relation to opportunities
   for minority and women-owned business enterprises
 
   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 a chapter of the laws of 2017, amending the  New  York  city
 charter  relating to opportunities for minority and women-owned business
 enterprises, as proposed  in  legislative  bills  numbers  S.6513-B  and
 A.8508-A, 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 hundred fifty thousand dollars from businesses certi-
 fied as minority or women-owned business enterprises pursuant to section
 thirteen hundred four of the charter without a formal competitive  proc-
 ess.
   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 ARTICLE  FIFTEEN-A  OF  THE  EXECUTIVE  LAW  AND
 section  thirteen  hundred four of the charter.  WHERE AN AGENCY IDENTI-
 FIES A QUANTITATIVE FACTOR PURSUANT TO THIS PARAGRAPH, THE  AGENCY  MUST
 SPECIFY  THAT  BUSINESSES  CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS
 ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW  AS  WELL
 AS  THOSE  CERTIFIED  AS  MINORITY  OR  WOMEN-OWNED BUSINESS ENTERPRISES
 PURSUANT TO SECTION THIRTEEN HUNDRED FOUR OF THE CHARTER ARE ELIGIBLE TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11891-15-7

 S. 7293                             2
 
 QUALIFY FOR SUCH FACTOR. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED AS
 A REQUIREMENT THAT SUCH BUSINESSES BE CONCURRENTLY CERTIFIED AS MINORITY
 OR WOMEN-OWNED BUSINESS ENTERPRISES UNDER BOTH ARTICLE FIFTEEN-A OF  THE
 EXECUTIVE LAW AND SECTION THIRTEEN HUNDRED FOUR OF THE CHARTER TO QUALI-
 FY FOR SUCH QUANTITATIVE FACTOR.
   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
 state legislature of the total number and total dollar value of procure-
 ments  of goods and services for amounts not exceeding one 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.    Severability.  If any clause, sentence, paragraph, section or
 part of this act shall be adjudged by any court of  competent  jurisdic-
 tion  to be invalid and after exhaustion of all further judicial review,
 the judgment shall not affect, impair or invalidate the remainder there-
 of, but shall be confined in its  operation  to  the  clause,  sentence,
 paragraph,  section or part of this act directly involved in the contro-
 versy in which the judgment shall have been rendered.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter  of  the laws of 2017, amending the New York city
 charter relating to opportunities for minority and women-owned  business
 enterprises,  as  proposed  in  legislative  bills  numbers S.6513-B and
 A.8508-A, takes effect.