NY State Assembly Bill 2021-A7709A

Assembly Bill A7709A

2021-2022 Legislative Session

Relates to procurements conducted by the New York city transit authority and the metropolitan transportation authority

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 14, 2022	print number 7709a
Mar 14, 2022	amend (t) and recommit to ways and means
Jan 05, 2022	referred to ways and means
May 25, 2021	reported referred to ways and means
May 20, 2021	referred to corporations, authorities and commissions

Bill Amendments

Original

A (Active)

2021-A7709 - Details

Current Committee:: Assembly Ways And Means
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1209, 1265-a & 1264, Pub Auth L

2021-A7709 - Summary

Relates to procurements conducted by the New York city transit authority and the metropolitan transportation authority.

2021-A7709 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7709
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 AN  ACT to amend the public authorities law, in relation to procurements
   conducted by the New York city transit authority and the  metropolitan
   transportation  authority;  and  to  repeal  certain provisions of the
   public authorities law relating thereto; and providing for the  repeal
   of certain provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2, 3, 4, 5 and 6 of  section  1209  of  the
 public authorities law are REPEALED.
   §  2.  Paragraphs  (a) and (b) of subdivision 8 of section 1209 of the
 public authorities law, paragraph (a) as amended by chapter 725  of  the
 laws  of  1993  and paragraph (b) as added by chapter 929 of the laws of
 1986, are amended to read as follows:
   (a) Advertisement for bids, when required by this  section,  shall  be
 published  at  least  once in [a newspaper of general circulation in the
 area served by the authority and in] the procurement opportunities news-
 letter published pursuant to article four-C of the economic  development
 law  provided  that, notwithstanding the provisions of article four-C of
 the economic development law, an advertisement shall  only  be  required
 when  required  by  this section. Publication in [a newspaper of general
 circulation in the area served  or  in]  the  procurement  opportunities
 newsletter  shall  not  be  required if bids for contracts for supplies,
 materials or equipment are of a type regularly purchased by the authori-
 ty and are to be solicited from a list of potential suppliers,  if  such
 list is or has been developed consistent with the provisions of subdivi-
 sion  eleven  of  this  section.  Any such advertisement shall contain a
 statement of: (i) the time and place where bids received pursuant to any
 notice requesting sealed bids will be publicly opened and read; (ii) the
 name of  the  contracting  agency;  (iii)  the  contract  identification
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11398-03-1

 A. 7709                             2
 
 number;  (iv)  a brief description of the public work, supplies, materi-
 als, or equipment sought, the location where work is  to  be  performed,
 goods  are  to  be delivered or services provided and the contract term;
 (v)  the  address  where bids or proposals are to be submitted; (vi) the
 date when bids or proposals are due; (vii) a description of  any  eligi-
 bility or qualification requirement or preference; (viii) a statement as
 to  whether the contract requirements may be fulfilled by a subcontract-
 ing, joint venture, or co-production arrangement; (ix) any other  infor-
 mation  deemed  useful  to  potential  contractors;  and  (x)  the name,
 address, and telephone number of the person to be  contacted  for  addi-
 tional  information.  At  least  fifteen  business  days FOR PUBLIC WORK
 CONTRACTS AND AT LEAST TEN BUSINESS DAYS FOR  PURCHASE  CONTRACTS  shall
 elapse between the first publication of such advertisement or the solic-
 itation of bids, as the case may be, and the date of opening and reading
 of bids.
   (b)  The  authority  may designate any officer or employee to open the
 bids at the time and place bids are to be opened and  may  designate  an
 officer  to  award  the  contract to the lowest responsible bidder. Such
 designee shall make a record of all bids in such form and detail as  the
 authority  shall  prescribe.  All SEALED bids received shall be RECEIVED
 EITHER THROUGH AN ELECTRONIC BIDDING PLATFORM AND ELECTRONICALLY  POSTED
 FOR PUBLIC VIEW, OR publicly opened and read, IN EITHER CASE at the time
 [and],  place AND IN THE MANNER specified in the advertisement or speci-
 fied at the time of solicitation, or to which the opening and reading OR
 POSTING have been adjourned by the authority. All bidders shall be noti-
 fied of the time and place of any such adjournment.
   § 3. Paragraph (e) of subdivision 9 of  section  1209  of  the  public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
   (e)  the  item  is  available  through  an existing contract between a
 vendor and [(i)  another  public  authority  provided  that  such  other
 authority  utilized  a  process  of  competitive bidding or a process of
 competitive requests for proposals to award such contract  or  (ii)  the
 state  of  New  York or the city of New York,] ANY DEPARTMENT, AGENCY OR
 INSTRUMENTALITY OF THE UNITED STATES GOVERNMENT AND/OR  ANY  DEPARTMENT,
 AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY OF ANY STATE OR
 STATES provided that in any case when the authority under this paragraph
 determines  that  obtaining  such  item  thereby  would be in the public
 interest and sets forth the reasons for such determination. The authori-
 ty shall accept sole responsibility for any payment due the vendor as  a
 result of the authority's order; or
   §  4. Subdivision 10 of section 1209 of the public authorities law, as
 added by chapter 929 of the laws of 1986, is amended to read as follows:
   10. Upon the adoption of a resolution by the  authority  stating,  for
 reasons  of  efficiency, economy, compatibility or maintenance reliabil-
 ity, that there is a need for standardization, the authority may  estab-
 lish  procedures whereby particular supplies, materials or equipment are
 identified on a qualified products list. Such procedures  shall  provide
 for  products  or  vendors  to be added to or deleted from such list and
 shall include provisions for public advertisement of the manner in which
 such lists are compiled. The authority shall review such  list  no  less
 than  [twice] ONCE a year for the purpose of making modifications there-
 to.  Contracts for particular supplies, materials or  equipment  identi-
 fied on a qualified products list may be awarded by the authority to the
 lowest responsible bidder after obtaining sealed bids in accordance with
 this  section  or  without competitive sealed bids in instances when the

 A. 7709                             3
 
 item is available from only a single source, except that  the  authority
 may dispense with advertising provided that it mails copies of the invi-
 tation  to  bid  to  all vendors of the particular item on the qualified
 products list.
   §  5. Subdivision 1 of section 1265-a of the public authorities law is
 REPEALED.
   § 6. Paragraphs (a) and (b) of subdivision 3 of section 1265-a of  the
 public  authorities  law, paragraph (a) as amended by chapter 494 of the
 laws of 1990 and paragraph (b) as added by chapter 929 of  the  laws  of
 1986, are amended to read as follows:
   (a)  Advertisement  for  bids, when required by this section, shall be
 published at least once in [a newspaper of general  circulation  in  the
 area served by the authority and in] the procurement opportunities news-
 letter  published pursuant to article four-C of the economic development
 law provided that, notwithstanding the provisions of article  four-C  of
 the  economic  development  law, an advertisement shall only be required
 for a purchase  contract  for  supplies,  materials  or  equipment  when
 required  by this section. Publication in [a newspaper of general circu-
 lation in the area served or in] the procurement opportunities  newslet-
 ter  shall not be required if bids for contracts for supplies, materials
 or equipment are of a type regularly purchased by the authority and  are
 to  be  solicited from a list of potential suppliers, if such list is or
 has been developed consistent with the provisions of subdivision six  of
 this  section.  Any such advertisement shall contain a statement of: (i)
 the time and place where bids received pursuant to any notice requesting
 sealed bids will be publicly opened and  read;  (ii)  the  name  of  the
 contracting  agency;  (iii)  the  contract identification number; (iv) a
 brief description of the public work, supplies, materials, or  equipment
 sought,  the  location  where  work  is to be performed, goods are to be
 delivered or services provided and the contract term;  (v)  the  address
 where  bids or proposals are to be submitted; (vi) the date when bids or
 proposals are due; (vii) a description of any eligibility or  qualifica-
 tion  requirement  or  preference;  (viii) a statement as to whether the
 contract requirements  may  be  fulfilled  by  a  subcontracting,  joint
 venture, or co-production arrangement; (ix) any other information deemed
 useful  to  potential  contractors; and (x) the name, address, and tele-
 phone number of the person to be contacted for  additional  information.
 At  least  fifteen  business days FOR PUBLIC WORK CONTRACTS AND AT LEAST
 TEN BUSINESS DAYS FOR PURCHASE CONTRACTS shall elapse between the  first
 publication  of  such  advertisement or the solicitation of bids, as the
 case may be, and the date of opening and reading of bids.
   (b) The authority may designate any officer or employee  to  open  the
 bids  at  the  time and place bids are to be opened and may designate an
 officer to award the contract to the  lowest  responsible  bidder.  Such
 designee  shall make a record of all bids in such form and detail as the
 authority shall prescribe. All SEALED bids received  shall  be  RECEIVED
 EITHER  THROUGH AN ELECTRONIC BIDDING PLATFORM AND ELECTRONICALLY POSTED
 FOR PUBLIC VIEW, OR publicly opened and read,  IN  EITHER  CASE  at  the
 time, [and] place AND IN THE MANNER specified in the advertisement or at
 the time of solicitation, or to which the opening and reading OR POSTING
 have  been  adjourned by the authority. All bidders shall be notified of
 the time and place of any such adjournment.
   § 7. Paragraph (e) of subdivision 4 of section 1265-a  of  the  public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:

 A. 7709                             4
 
   (e)  the  item  is  available  through  an existing contract between a
 vendor and [(i)  another  public  authority  provided  that  such  other
 authority  utilized  a  process  of  competitive bidding or a process of
 competitive requests for proposals  to  award  such  contracts  or  (ii)
 Nassau  county,  or  (iii) the state of New York or (iv) the city of New
 York] ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY  OF  THE  UNITED  STATES
 GOVERNMENT  AND/OR ANY DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION
 OR INSTRUMENTALITY OF ANY STATE OR STATES, provided  that  in  any  case
 when  under  this paragraph the authority determines that obtaining such
 item thereby would be in the public interest and sets forth the  reasons
 for  such  determination. The authority shall accept sole responsibility
 for any payment due the vendor as a result of the authority's order; or
   § 8. Subdivision 5 of section 1265-a of the public authorities law, as
 added by chapter 929 of the laws of 1986, is amended to read as follows:
   5. Upon the adoption of a resolution by  the  authority  stating,  for
 reasons  of  efficiency, economy, compatibility or maintenance reliabil-
 ity, that there is a need for standardization, the authority may  estab-
 lish  procedures whereby particular supplies, materials or equipment are
 identified on a qualified products list. Such procedures  shall  provide
 for  products  or  vendors  to be added to or deleted from such list and
 shall include provisions for public advertisement of the manner in which
 such lists are compiled. The authority shall review such  list  no  less
 than  [twice]  ONCE a year for the purpose of making such modifications.
 Contracts for particular supplies, materials or equipment identified  on
 a  qualified products list may be awarded by the authority to the lowest
 responsible bidder after obtaining sealed bids in accordance  with  this
 section or without competitive sealed bids in instances when the item is
 available  from  only  a  single  source,  except that the authority may
 dispense with advertising provided that it mails copies of  the  invita-
 tion  to  bid  to  all  vendors  of the particular item on the qualified
 products list.
   § 9. This act shall take effect immediately, provided,  however,  that
 sections two, three, four, six, seven and eight of this act shall expire
 and be deemed repealed April 1, 2024.

2021-A7709A (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1209, 1265-a & 1264, Pub Auth L

2021-A7709A (ACTIVE) - Summary

Relates to procurements conducted by the New York city transit authority and the metropolitan transportation authority.

2021-A7709A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7709--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Corporations, Authorities and Commissions -- reported and referred
   to the Committee on Ways and Means -- recommitted to the Committee  on
   Ways and Means in accordance with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the public authorities law, in relation to procurements
   conducted by the New York city transit authority and the  metropolitan
   transportation authority
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision  8  of  section  1209  of  the
 public  authorities  law, as amended by chapter 725 of the laws of 1993,
 is amended to read as follows:
   (a) Advertisement for bids, when required by this  section,  shall  be
 published  at  least  once  in a newspaper of general circulation in the
 area served by the authority and in the procurement opportunities  news-
 letter  published pursuant to article four-C of the economic development
 law provided that, notwithstanding the provisions of article  four-C  of
 the  economic  development  law, an advertisement shall only be required
 when required by this section. Publication in  a  newspaper  of  general
 circulation in the area served or in the procurement opportunities news-
 letter shall not be required if bids for contracts for supplies, materi-
 als  or equipment are of a type regularly purchased by the authority and
 are to be solicited from a list of potential suppliers, if such list  is
 or  has  been  developed  consistent  with the provisions of subdivision
 eleven of this section. Any such advertisement shall contain a statement
 of: (i) the time and place where bids received pursuant  to  any  notice
 requesting  sealed  bids will be publicly opened and read; (ii) the name
 of the contracting agency; (iii)  the  contract  identification  number;
 (iv)  a  brief  description  of the public work, supplies, materials, or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11398-04-2

 A. 7709--A                          2
 
 equipment sought, the location where work is to be performed, goods  are
 to  be  delivered  or  services  provided and the contract term; (v) the
 address where bids or proposals are to be submitted; (vi) the date  when
 bids  or  proposals  are  due; (vii) a description of any eligibility or
 qualification requirement or preference; (viii) a statement as to wheth-
 er the contract requirements may be fulfilled by a subcontracting, joint
 venture, or co-production arrangement; (ix) any other information deemed
 useful to potential contractors; and (x) the name,  address,  and  tele-
 phone  number  of the person to be contacted for additional information.
 At least [fifteen] TEN business days  shall  elapse  between  the  first
 publication  of  such  advertisement or the solicitation of bids, as the
 case may be, and the date of opening and reading of bids PROVIDED   THAT
 AT  LEAST  FIFTEEN BUSINESS DAYS SHALL ELAPSE BETWEEN THE FIRST PUBLICA-
 TION OF SUCH ADVERTISEMENT OR THE SOLICITATION OF BIDS, AS THE CASE  MAY
 BE, AND THE DATE  OF  OPENING  AND  READING  OF  BIDS  FOR  PUBLIC  WORK
 CONTRACTS.
   §  2.  Paragraph  (e)  of  subdivision 9 of section 1209 of the public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
   (e) the item is available through  an  existing  contract  [between  a
 vendor and (i) another public authority provided that such other author-
 ity  utilized  a  process of competitive bidding or a process of compet-
 itive requests for proposals to award such contract or (ii) the state of
 New York or the city of New York, provided that in  any  case  when  the
 authority  under  this  paragraph  determines  that  obtaining such item
 thereby would be in the public interest and sets forth the  reasons  for
 such  determination] LET BY ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY OF
 THE UNITED STATES GOVERNMENT  AND/OR  ANY  DEPARTMENT,  AGENCY,  OFFICE,
 POLITICAL  SUBDIVISION  OR  INSTRUMENTALITY OF ANY  STATE OR STATES. THE
 AUTHORITY SHALL DOCUMENT IN THE PROCUREMENT RECORD ITS RATIONALE FOR THE
 USE OF SUCH A CONTRACT.  SUCH RATIONALE SHALL INCLUDE, BUT NEED  NOT  BE
 LIMITED TO, A DETERMINATION OF NEED, A CONSIDERATION OF THE  PROCUREMENT
 METHOD  BY  WHICH  THE  CONTRACT WAS AWARDED, AN ANALYSIS OF ALTERNATIVE
 PROCUREMENT SOURCES INCLUDING AN EXPLANATION WHY A COMPETITIVE  PROCURE-
 MENT OR THE USE OF A CENTRALIZED CONTRACT LET BY THE COMMISSIONER OF THE
 OFFICE OF GENERAL SERVICES IS NOT IN THE BEST INTEREST OF THE AUTHORITY,
 AND THE REASONABLENESS OF COST. The authority shall accept sole  respon-
 sibility  for  any payment due the vendor as a result of the authority's
 order; or
   § 3. Subdivision 10 of section 1209 of the public authorities law,  as
 added by chapter 929 of the laws of 1986, is amended to read as follows:
   10.  Upon  the  adoption of a resolution by the authority stating, for
 reasons of efficiency, economy, compatibility or  maintenance  reliabil-
 ity,  that there is a need for standardization, the authority may estab-
 lish procedures whereby particular supplies, materials or equipment  are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making modifications  there-
 to.    Contracts for particular supplies, materials or equipment identi-
 fied on a qualified products list may be awarded by the authority to the
 lowest responsible bidder after obtaining sealed bids in accordance with
 this section or without competitive sealed bids in  instances  when  the
 item  is  available from only a single source, except that the authority
 may dispense with advertising provided that it mails copies of the invi-
 A. 7709--A                          3
 
 tation to bid to all vendors of the particular  item  on  the  qualified
 products list.
   §  4.  Paragraph  (a) of subdivision 3 of section 1265-a of the public
 authorities law, as amended by chapter 494  of  the  laws  of  1990,  is
 amended to read as follows:
   (a)  Advertisement  for  bids, when required by this section, shall be
 published at least once in a newspaper of  general  circulation  in  the
 area  served by the authority and in the procurement opportunities news-
 letter published pursuant to article four-C of the economic  development
 law  provided  that, notwithstanding the provisions of article four-C of
 the economic development law, an advertisement shall  only  be  required
 for  a  purchase  contract  for  supplies,  materials  or equipment when
 required by this section. Publication in a newspaper of  general  circu-
 lation in the area served or in the procurement opportunities newsletter
 shall  not  be required if bids for contracts for supplies, materials or
 equipment are of a type regularly purchased by the authority and are  to
 be  solicited from a list of potential suppliers, if such list is or has
 been developed consistent with the provisions of subdivision six of this
 section. Any such advertisement shall contain a statement  of:  (i)  the
 time  and  place  where  bids received pursuant to any notice requesting
 sealed bids will be publicly opened and  read;  (ii)  the  name  of  the
 contracting  agency;  (iii)  the  contract identification number; (iv) a
 brief description of the public work, supplies, materials, or  equipment
 sought,  the  location  where  work  is to be performed, goods are to be
 delivered or services provided and the contract term;  (v)  the  address
 where  bids or proposals are to be submitted; (vi) the date when bids or
 proposals are due; (vii) a description of any eligibility or  qualifica-
 tion  requirement  or  preference;  (viii) a statement as to whether the
 contract requirements  may  be  fulfilled  by  a  subcontracting,  joint
 venture, or co-production arrangement; (ix) any other information deemed
 useful  to  potential  contractors; and (x) the name, address, and tele-
 phone number of the person to be contacted for  additional  information.
 At  least  [fifteen]  TEN  business  days shall elapse between the first
 publication of such advertisement or the solicitation of  bids,  as  the
 case  may  be, and the date of opening and reading of bids PROVIDED THAT
 AT LEAST FIFTEEN BUSINESS DAYS SHALL ELAPSE BETWEEN THE  FIRST  PUBLICA-
 TION  OF SUCH ADVERTISEMENT OR THE SOLICITATION OF BIDS, AS THE CASE MAY
 BE, AND THE DATE OF   OPENING  AND  READING  OF  BIDS  FOR  PUBLIC  WORK
 CONTRACTS.
   §  5.  Paragraph  (e) of subdivision 4 of section 1265-a of the public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
   (e) the item is available through  an  existing  contract  [between  a
 vendor and (i) another public authority provided that such other author-
 ity  utilized  a  process of competitive bidding or a process of compet-
 itive requests for proposals to award  such  contracts  or  (ii)  Nassau
 county,  or  (iii)  the  state of New York or (iv) the city of New York,
 provided that in any case when under this paragraph the authority deter-
 mines that obtaining such item thereby would be in the  public  interest
 and  sets  forth  the reasons for such determination] LET BY ANY DEPART-
 MENT, AGENCY OR INSTRUMENTALITY OF THE UNITED STATES GOVERNMENT   AND/OR
 ANY DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY
 OF  ANY STATE OR STATES. THE AUTHORITY SHALL DOCUMENT IN THE PROCUREMENT
 RECORD ITS RATIONALE FOR THE USE OF SUCH A  CONTRACT.    SUCH  RATIONALE
 SHALL  INCLUDE,  BUT NEED NOT BE LIMITED TO, A DETERMINATION OF  NEED, A
 CONSIDERATION OF THE PROCUREMENT METHOD  BY    WHICH  THE  CONTRACT  WAS
 A. 7709--A                          4
 
 AWARDED,  AN  ANALYSIS  OF  ALTERNATIVE PROCUREMENT SOURCES INCLUDING AN
 EXPLANATION  WHY A COMPETITIVE PROCUREMENT OR THE USE OF  A  CENTRALIZED
 CONTRACT  LET  BY  THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES IS
 NOT  IN    THE BEST INTEREST OF THE AUTHORITY, AND THE REASONABLENESS OF
 COST. The authority shall accept sole responsibility for any payment due
 the vendor as a result of the authority's order; or
   § 6. Subdivision 5 of section 1265-a of the public authorities law, as
 added by chapter 929 of the laws of 1986, is amended to read as follows:
   5. Upon the adoption of a resolution by  the  authority  stating,  for
 reasons  of  efficiency, economy, compatibility or maintenance reliabil-
 ity, that there is a need for standardization, the authority may  estab-
 lish  procedures whereby particular supplies, materials or equipment are
 identified on a qualified products list. Such procedures  shall  provide
 for  products  or  vendors  to be added to or deleted from such list and
 shall include provisions for public advertisement of the manner in which
 such lists are compiled. The authority shall review such  list  no  less
 than  [twice]  ONCE a year for the purpose of making such modifications.
 Contracts for particular supplies, materials or equipment identified  on
 a  qualified products list may be awarded by the authority to the lowest
 responsible bidder after obtaining sealed bids in accordance  with  this
 section or without competitive sealed bids in instances when the item is
 available  from  only  a  single  source,  except that the authority may
 dispense with advertising provided that it mails copies of  the  invita-
 tion  to  bid  to  all  vendors  of the particular item on the qualified
 products list.
   § 7. Paragraph (b) of subdivision   7   of   section   1209   of   the
 public authorities law, as amended by section 3 of subpart C of part ZZZ
 of chapter 59 of the laws of 2019, is amended to read as follows:
   (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
 apply to the authority's acquisition of goods or services of  any  kind,
 in  the  actual or estimated amount of fifteen thousand dollars or more,
 provided that (i) a contract for services in  the  actual  or  estimated
 amount  of one million dollars or less shall not require approval by the
 board of the authority regardless of the length of the period over which
 the services are rendered, and provided  further  that  a  contract  for
 services  in  the  actual  or  estimated amount in excess of one million
 dollars shall require approval by the board of the authority  regardless
 of  the length of the period over which the services are rendered unless
 such a contract is  awarded  to  the  lowest  responsible  bidder  after
 obtaining  sealed bids and (ii) the board of the authority may by resol-
 ution adopt guidelines that authorize the award of  contracts  to  small
 business  concerns,  to service disabled veteran owned businesses certi-
 fied pursuant to article seventeen-B of the executive law,  or  minority
 or  women-owned  business  enterprises  certified  pursuant  to  article
 fifteen-A of the executive law, or purchases of goods or technology that
 are recycled or remanufactured, in an amount not to exceed  one  million
 FIVE  HUNDRED  THOUSAND dollars without a formal competitive process and
 without further board approval. The board of the authority  shall  adopt
 guidelines  which  shall  be made publicly available for the awarding of
 such contract without a formal competitive process.
   § 8. Paragraph (b) of subdivision 2 of section 1265-a  of  the  public
 authorities  law,  as amended by section 3-a of subpart C of part ZZZ of
 chapter 59 of the laws of 2019, is amended to read as follows:
   (b) Section twenty-eight hundred seventy-nine of  this  chapter  shall
 apply  to  the authority's acquisition of goods or services of any kind,
 in the actual or estimated amount of fifteen thousand dollars  or  more,
 A. 7709--A                          5
 
 provided  (i)  that  a  contract for services in the actual or estimated
 amount of one million dollars or less shall not require approval by  the
 board of the authority regardless of the length of the period over which
 the  services  are  rendered,  and  provided further that a contract for
 services in the actual or estimated amount  in  excess  of  one  million
 dollars  shall require approval by the board of the authority regardless
 of the length of the period over which the services are rendered  unless
 such  a  contract  is  awarded  to  the  lowest responsible bidder after
 obtaining sealed bids, and (ii) the board of the authority may by resol-
 ution adopt guidelines that authorize the award of  contracts  to  small
 business  concerns,  to service disabled veteran owned businesses certi-
 fied pursuant to article seventeen-B of the executive law,  or  minority
 or  women-owned  business  enterprises  certified  pursuant  to  article
 fifteen-A of the executive law, or purchases of goods or technology that
 are recycled or remanufactured, in an amount not to exceed  one  million
 FIVE  HUNDRED  THOUSAND dollars without a formal competitive process and
 without further board approval. The board of the authority  shall  adopt
 guidelines  which  shall  be made publicly available for the awarding of
 such contract without a formal competitive process.
   § 9. Subdivision 1 of section 1264 of the public authorities  law,  as
 amended  by  section  2  of subpart B of part ZZZ of chapter  59  of the
 laws of 2019, is amended to read as follows:
   1. The purposes of the authority shall  be  the  continuance,  further
 development   and  improvement  of  commuter  transportation  and  other
 services related thereto within the metropolitan commuter transportation
 district, including but not limited to such transportation by  railroad,
 omnibus,  marine  and  air,  in  accordance  with the provisions of this
 title. It shall be the further purpose of the authority, consistent with
 its status as the ex officio board of both the  New  York  city  transit
 authority and the triborough bridge and tunnel authority, to develop and
 implement  a  unified mass transportation policy for such district in an
 efficient and cost-effective manner that includes  the  use  of  design-
 build contracting on all projects over [twenty-five] TWO HUNDRED million
 dollars in cost FOR NEW CONSTRUCTION AND ALL PROJECTS OVER FOUR  HUNDRED
 MILLION  DOLLARS  IN  COST FOR PROJECTS THAT ARE PREDOMINANTLY REHABILI-
 TATION OR REPLACEMENT OF EXISTING ASSETS except where a waiver is grant-
 ed  by the New York state budget director pursuant to a request in writ-
 ing from the metropolitan  transportation  authority.  For  purposes  of
 granting  a  waiver pursuant to this section, such review shall consider
 whether the design build  contracting  method  is  appropriate  for  the
 project  that  such  waiver is sought for, and the amount of savings and
 efficiencies that could be achieved using such method. The determination
 for such waiver shall be made in writing  within  forty-five  days  from
 request or shall be deemed granted.
   § 10. This act shall take effect immediately, provided, however, that:
   (a) the amendment to paragraph (b) of subdivision 7 of section 1209 of
 the  public  authorities law made by section seven of this act shall not
 affect the expiration of such subdivision and shall be deemed to  expire
 therewith; and
   (b)  the amendment to paragraph (b) of subdivision 2 of section 1265-a
 of the public authorities law made by section eight of  this  act  shall
 not  affect  the  expiration  of  such  paragraph and shall be deemed to
 expire therewith.

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