S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1449
 
                        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 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 19 of the laws  of  2018,  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  article  fifteen-a  of  the executive law and
 section thirteen hundred four of the charter. Where an agency identifies
 a quantitative factor pursuant to this paragraph, the agency must speci-
 fy that businesses certified as minority or women-owned business  enter-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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 A. 1449                             2
 
 prises  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  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] 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

 A. 1449                             3
 
 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.