S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8044--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 5, 2015
                                      ___________
       Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
         tee  on  Local  Governments  --  committee  discharged,  bill amended,
         ordered reprinted as amended and recommitted to said committee
       AN ACT to amend the general municipal law, and the New York  city  char-
         ter,  in  relation to opportunities for minority and women-owned busi-
         ness enterprises and emerging business enterprises
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  opening paragraph of subdivision 1 of section 103 of
    2  the general municipal law, as amended by section 1 of chapter 2  of  the
    3  laws of 2012, is amended to read as follows:
    4    Except as otherwise expressly provided by an act of the legislature or
    5  by  a  local  law  adopted  prior  to  September first, nineteen hundred
    6  fifty-three, all contracts for public work involving an  expenditure  of
    7  more  than  thirty-five  thousand  dollars  and  all  purchase contracts
    8  involving an expenditure of more than twenty thousand dollars, shall  be
    9  awarded  by  the  appropriate  officer,  board  or agency of a political
   10  subdivision or of any district therein including but not  limited  to  a
   11  soil  conservation  district to the lowest responsible bidder furnishing
   12  the required security after advertisement for sealed bids in the  manner
   13  provided  by  this  section,  provided, however, that purchase contracts
   14  (including contracts  for  service  work,  but  excluding  any  purchase
   15  contracts necessary for the completion of a public works contract pursu-
   16  ant  to  article  eight of the labor law) may be awarded on the basis of
   17  best value, as defined in section one hundred sixty-three of  the  state
   18  finance  law; PROVIDED, HOWEVER, A CITY WITH A POPULATION OF ONE MILLION
   19  INHABITANTS OR MORE MAY ALSO IDENTIFY A QUANTITATIVE FACTOR TO  BE  USED
   20  IN  EVALUATION  OF  BIDS OR OFFERS FOR AWARDING CONTRACTS FOR BIDDERS OR
   21  OFFERERS THAT ARE MINORITY- OR WOMEN-OWNED BUSINESS  ENTERPRISES  CERTI-
   22  FIED  PURSUANT  TO  LOCAL LAW, to a responsive and responsible bidder or
   23  offerer in the manner provided by this section except that  in  a  poli-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11529-04-5
       A. 8044--A                          2
    1  tical  subdivision  other  than  a city with a population of one million
    2  inhabitants or more or any district, board or agency  with  jurisdiction
    3  exclusively  therein  the  use  of  best  value  for awarding a purchase
    4  contract  or  purchase  contracts must be authorized by local law or, in
    5  the case of a district corporation, school district or board of  cooper-
    6  ative educational services, by rule, regulation or resolution adopted at
    7  a  public meeting. PROVIDED, HOWEVER, THAT A CITY HAVING A POPULATION OF
    8  ONE  MILLION  INHABITANTS  OR  MORE  IS  AUTHORIZED  TO  AWARD  PURCHASE
    9  CONTRACTS  TO  BUSINESSES CERTIFIED AS MINORITY- OR WOMEN-OWNED BUSINESS
   10  ENTERPRISES PURSUANT TO LOCAL LAW IN AN AMOUNT NOT TO EXCEED TWO HUNDRED
   11  THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS.
   12    S 2. Section 103 of the general municipal law is amended by  adding  a
   13  new subdivision 17 to read as follows:
   14    17. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A CITY WITH A
   15  POPULATION  OF  ONE MILLION INHABITANTS OR MORE MAY ESTABLISH A CAPACITY
   16  BUILDING PROGRAM TO INCREASE THE CAPACITY  OF  BUSINESSES  CERTIFIED  AS
   17  MINORITY-  OR  WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO LOCAL LAW TO
   18  BID FOR AND PERFORM PUBLIC CONTRACTS, TO PROMOTE THE MEANINGFUL  PARTIC-
   19  IPATION  OF  SUCH  FIRMS  ON  SUCH  CONTRACTS.  SUCH PROGRAM MAY PROVIDE
   20  REASONABLE PROCEDURES TO SECURE THE  MEANINGFUL  PARTICIPATION  OF  SUCH
   21  FIRMS IN THE PERFORMANCE OF PUBLIC CONTRACTS.
   22    S  3.  Paragraph  (a)  of subdivision 15 of section 103 of the general
   23  municipal law, as added by section 1-a of part MM of chapter 57  of  the
   24  laws of 2008, is amended to read as follows:
   25    (a) Notwithstanding any general, special or local law or rule or regu-
   26  lation  to  the contrary, an officer, board or agency of any county, any
   27  school district or any political subdivision of the state with  a  popu-
   28  lation  of  fifty  thousand or more charged with awarding a contract for
   29  public work, AND AN OFFICER, BOARD OR AGENCY IN A CITY WITH A POPULATION
   30  OF ONE MILLION INHABITANTS OR MORE  CHARGED  WITH  AWARDING  A  PURCHASE
   31  CONTRACT,  may  establish  guidelines  governing  the  qualifications of
   32  bidders seeking to bid or enter into such contracts.  If  such  officer,
   33  board  or agency maintains an appropriate list of qualified bidders, the
   34  bidding shall be restricted to those who have  qualified  prior  to  the
   35  receipt  of  bids according to standards fixed by such officer, board or
   36  agency. In determining whether a prospective bidder qualifies for inclu-
   37  sion on a list of pre-qualified bidders, the officer,  board  or  agency
   38  shall  consider the experience and record of performance of the prospec-
   39  tive bidder in the particular type of work, as well as: (i) the prospec-
   40  tive bidder's ability to undertake the particular type and complexity of
   41  work; (ii) the financial capability, responsibility and  reliability  of
   42  the  prospective  bidder for such type and complexity of work; (iii) the
   43  record of the prospective bidder in complying with existing labor stand-
   44  ards and maintaining harmonious labor relations;  (iv)  the  prospective
   45  bidder's  compliance  with equal employment opportunity requirements and
   46  anti-discrimination laws, and demonstrated commitment  to  working  with
   47  minority  and  women-owned  businesses through joint ventures or subcon-
   48  tractor relationships; and (v) the record of the prospective  bidder  in
   49  protecting the health and safety of workers on public works projects and
   50  job sites as demonstrated by the prospective bidder's experience modifi-
   51  cation rate for each of the last three years.
   52    S  4.  The  New  York  city charter is amended by adding a new section
   53  314-a to read as follows:
   54    S 314-A. SHELTERED MARKET. THE PROCUREMENT POLICY BOARD MAY PROVIDE BY
   55  RULE  THAT  AGENCIES  MAY  MAKE   PROCUREMENTS   OF   GOODS,   SERVICES,
   56  CONSTRUCTION, OR CONSTRUCTION-RELATED SERVICES FOR AMOUNTS NOT EXCEEDING
       A. 8044--A                          3
    1  TWO  HUNDRED  THOUSAND  DOLLARS  FROM  MINORITY- OR WOMEN-OWNED BUSINESS
    2  ENTERPRISES CERTIFIED PURSUANT TO SECTION THIRTEEN HUNDRED FOUR OF  THIS
    3  CHAPTER WITHOUT A FORMAL COMPETITIVE PROCESS.
    4    S 5. Severability. If any clause, sentence, paragraph, section or part
    5  of  this act shall be adjudged by any court of competent jurisdiction to
    6  be invalid and after exhaustion of  all  further  judicial  review,  the
    7  judgment  shall  not affect, impair or invalidate the remainder thereof,
    8  but shall be confined in its operation to the  clause,  sentence,  para-
    9  graph,  section or part of this act directly involved in the controversy
   10  in which the judgment shall have been rendered.
   11    S 6. This act shall take effect immediately and  shall  apply  to  any
   12  contract  let  or  awarded on or after such date; provided, however that
   13  the amendments to subdivision 1 of section 103 of the general  municipal
   14  law  made by section one of this act shall not affect the expiration and
   15  reversion of such subdivision as provided in subdivision (a) of  section
   16  41  of  part  X  of chapter 62 of the laws of 2003, as amended and shall
   17  expire and be deemed repealed therewith.