S T A T E   O F   N E W   Y O R K
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                                   1440
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN  ACT  to amend the public authorities law, in relation to authorizing
   the New York City  school  construction  authority  to  award  certain
   contracts  to minority or women-owned businesses without a competitive
   bidding process
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 8 of section 1734 of the public authori-
 ties  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
 ONE HUNDRED FIFTY 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 OFFER-
 ER, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00307-01-9

 A. 1440                             2
 
 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 so long as the invitation  to  bid  reasonably  sets
 forth  the criteria to be used in evaluating such costs or savings. 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 ONE HUNDRED FIFTY 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.
   §  2.  This  act  shall  take  effect  immediately  and shall apply to
 procurements occurring on or after such effective date.