S T A T E O F N E W Y O R K
________________________________________________________________________
1026
2023-2024 Regular Sessions
I N A S S E M B L Y
January 13, 2023
___________
Introduced by M. of A. JOYNER -- read once and referred to the Committee
on Cities
AN ACT to amend chapter 749 of the laws of 2019, authorizing, for
certain public works undertaken pursuant to project labor agreements,
use of the alternative delivery method known as design-build
contracts, in relation to requiring qualification-based criteria for
awarding certain contracts for services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 749 of the laws of 2019, authorizing,
for certain public works undertaken pursuant to project labor agree-
ments, use of the alternative delivery method known as design-build
contracts, is amended by adding a new subdivision (f) to read as
follows:
(F) "QUALIFICATIONS-BASED" SHALL MEAN THE BASIS FOR AWARDING A
CONTRACT FOR SERVICES TO AN ENTITY THAT SUBMITS A STATEMENT OF QUALI-
FICATIONS IN RESPONSE TO A REQUEST FOR QUALIFICATIONS WHEN AN AUTHORIZED
ENTITY UTILIZES A ONE-STEP METHOD.
§ 2. The opening paragraph and paragraph 1 of subdivision (a) of
section 4 of chapter 749 of the laws of 2019, authorizing, for certain
public works undertaken pursuant to project labor agreements, use of the
alternative delivery method known as design-build contracts, are amended
to read as follows:
A contractor selected by such an authorized entity to enter into a
design-build contract shall be selected through a ONE-STEP OR two-step
method, as follows:
(1) Step one. Generation of a list of responding entities that have
demonstrated the general capability to perform the design-build
contract. Such list shall consist of a specified number of responding
entities, as determined by an authorized entity, and shall be generated
based upon the authorized entity's review of responses to a publicly
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04468-01-3
A. 1026 2
advertised request for qualifications. The authorized entity's request
for qualifications shall include a general description of the public
work, the maximum number of responding entities to be included on the
list, the selection criteria to be used and the relative weight of each
criteria in generating the list. Such selection criteria shall include
the qualifications and experience of the design and construction team,
organization, demonstrated responsibility, ability of the team or of a
member or members of the team to comply with applicable requirements,
including the provisions of articles 145, 147 and 148 of the education
law, past record of compliance with the labor law, and such other quali-
fications the authorized entity deems appropriate, which may include but
are not limited to project understanding, financial capability and
record of past performance. The authorized entity shall evaluate and
rate all responding entities to the request for qualifications. Based
upon such ratings, the authorized entity shall list the responding enti-
ties that shall receive a request for proposals in accordance with para-
graph two of this subdivision. To the extent consistent with applicable
federal law, the authorized entity shall consider, when awarding any
contract pursuant to this section, the participation of (i) responding
entities that are certified as minority- or women-owned business enter-
prises pursuant to article 15-A of the executive law, or certified
pursuant to local law as minority- or women-owned business enterprises,
or, where the New York city school construction authority acts as the
authorized entity, certified pursuant to section 1743 of the public
authorities law; and (ii) small business concerns identified pursuant to
subdivision (b) of section 139-g of the state finance law. In addition,
nothing in this section shall be deemed to supersede any pre-qualifica-
tion guidelines or requirements otherwise authorized by law for an
authorized entity. IF THE AUTHORIZED ENTITY IS UTILIZING A ONE-STEP
SELECTION, SUCH SELECTION SHALL BE MADE ON CRITERIA SET FORTH IN THE
REQUEST FOR QUALIFICATIONS AND AWARD SHALL BE MADE TO THE BEST-QUALIFIED
CONTRACTOR. THE PARTIES MAY ENTER INTO ONE CONTRACT WITH TWO PHASES OR A
SEPARATE CONTRACT FOR EACH OF THE TWO PHASES OF WORK.
§ 3. This act shall take effect immediately; provided, however that
the amendments to chapter 749 of the laws of 2019 made by sections one
and two of this act shall not affect the repeal of such chapter and
shall be deemed repealed therewith.