NY State Assembly Bill 2015-A8044A

Assembly Bill A8044A

2015-2016 Legislative Session

Relates to opportunities for minority and women owned business enterprises and emerging business enterprises

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Archive: Last Bill Status - In Senate Committee Local Government 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 30, 2016	referred to local government delivered to senate passed assembly
Jan 06, 2016	ordered to third reading cal.328 returned to assembly died in senate
Jun 19, 2015	referred to rules delivered to senate passed assembly
Jun 17, 2015	ordered to third reading rules cal.630 rules report cal.630 reported reported referred to rules
Jun 15, 2015	reported referred to ways and means
Jun 12, 2015	print number 8044a
Jun 12, 2015	amend (t) and recommit to local governments
Jun 05, 2015	referred to local governments

Bill Amendments

Original

A (Active)

2015-A8044 - Details

See Senate Version of this Bill:: S5924
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §103, Gen Muni L; add §314-a, NYC Chart
Versions Introduced in Other Legislative Sessions:: 2017-2018: A281, S4108
2019-2020: A10289, S1584

2015-A8044 - Summary

Relates to opportunities for minority- and women-owned business enterprises and emerging business enterprises.

2015-A8044 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8044

                       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

AN  ACT  to  amend the general municipal law, the state finance law, and
  the New York city charter, in relation to opportunities  for  minority
  and women-owned business enterprises and emerging business enterprises

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 103 of the general municipal  law,
as  amended by section 1 of chapter 2 of the laws of 2012, is amended to
read as follows:
  1. (A) Except as otherwise expressly provided by an act of the  legis-
lature  or  by  a  local  law adopted prior to September first, nineteen
hundred fifty-three, all contracts for public work involving an expendi-
ture  of  more  than  thirty-five  thousand  dollars  and  all  purchase
contracts involving an expenditure of more than twenty thousand dollars,
shall  be awarded by the appropriate officer, board or agency of a poli-
tical subdivision or of any district therein including but  not  limited
to  a  soil  conservation  district  to  the  lowest  responsible bidder
furnishing the required security after advertisement for sealed bids  in
the  manner  provided  by this section, provided, however, that purchase
contracts (including contracts  for  service  work,  but  excluding  any
purchase  contracts  necessary  for  the  completion  of  a public works
contract pursuant to article eight of the labor law) may be  awarded  on
the  basis  of best value, as defined in section one hundred sixty-three
of the state finance law, to a  responsive  and  responsible  bidder  or
offerer  in  the  manner provided by this section except that in a poli-
tical subdivision other than a city with a  population  of  one  million
inhabitants  or  more or any district, board or agency with jurisdiction
exclusively therein the use  of  best  value  for  awarding  a  purchase
contract  or  purchase  contracts must be authorized by local law or, in
the case of a district corporation, school district or board of  cooper-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11529-01-5

A. 8044                             2

ative educational services, by rule, regulation or resolution adopted at
a public meeting.
  (B)  In any case where a responsible bidder's or responsible offerer's
gross price is reducible by an allowance for the value of  used  machin-
ery, equipment, apparatus or tools to be traded in by a political subdi-
vision,  the  gross  price shall be reduced by the amount of such allow-
ance, for the purpose of determining the best value.
  (C) In cases where two or  more  responsible  bidders  furnishing  the
required security submit identical bids as to price, such officer, board
or agency may award the contract to any of such bidders.
  (D)  Such  officer,  board  or  agency  may,  in  his  or  her  or its
discretion, reject all bids or offers and readvertise for  new  bids  or
offers  in the manner provided by this section. In determining whether a
purchase is an expenditure within the  discretionary  threshold  amounts
established by this subdivision, the officer, board or agency of a poli-
tical  subdivision or of any district therein shall consider the reason-
ably expected aggregate amount of all purchases of the same commodities,
services or  technology  to  be  made  within  the  twelve-month  period
commencing on the date of purchase.
  (E)  Purchases  of  commodities,  services  or technology shall not be
artificially divided for the purpose  of  satisfying  the  discretionary
buying thresholds established by this subdivision.
  (F)  A change to or a renewal of a discretionary purchase shall not be
permitted if the change or renewal would bring the  reasonably  expected
aggregate  amount  of all purchases of the same commodities, services or
technology  from  the  same  provider  within  the  twelve-month  period
commencing  on  the date of the first purchase to an amount greater than
the discretionary buying threshold amount.
  (G) For purposes of this section, (I) NOTWITHSTANDING PARAGRAPH (A) OF
THIS SUBDIVISION, AS APPLIED TO PROCUREMENTS MADE BY A CITY WITH A POPU-
LATION OF ONE MILLION INHABITANTS OR MORE, "BEST VALUE" MEANS THE  BASIS
FOR AWARDING PURCHASE CONTRACTS 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 ANALYSIS AND MAY INCLUDE THE PROSPECTIVE BIDDER'S RECORD OF
COMPLYING  WITH  EXISTING  LABOR STANDARDS, MAINTAINING HARMONIOUS LABOR
RELATIONS, PROTECTING THE HEALTH AND SAFETY OF WORKERS  AND  PAYMENT  OF
WAGES ABOVE ANY LOCALLY-DEFINED LIVING WAGE. SUCH BASIS MAY ALSO IDENTI-
FY  A QUANTITATIVE FACTOR TO BE USED IN EVALUATION OF BIDS OR OFFERS FOR
AWARDING OF CONTRACTS FOR BIDDERS OR OFFERERS THAT ARE SMALL  BUSINESSES
OR CERTIFIED MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISES AS DEFINED IN
SUBDIVISIONS ONE, SEVEN, FIFTEEN AND TWENTY OF SECTION THREE HUNDRED TEN
OF THE EXECUTIVE LAW, OR CERTIFIED PURSUANT TO LOCAL LAW AS MINORITY- OR
WOMEN-OWNED BUSINESS ENTERPRISES OR EMERGING BUSINESS ENTERPRISES.
  (II)  "sealed  bids"  and  "sealed  offers",  as  that term applies to
purchase contracts, (including contracts for service work, but excluding
any purchase contracts necessary for the completion of  a  public  works
contract  pursuant to article eight of the labor law) shall include bids
and offers submitted in an electronic format including submission of the
statement of non-collusion required by section one  hundred  three-d  of
this  article, provided that the governing board of the political subdi-
vision or district, by resolution, has authorized the  receipt  of  bids
and  offers  in  such  format.  Submission in electronic format may, for
technology contracts only, be  required  as  the  sole  method  for  the
submission of bids and offers. Bids and offers submitted in an electron-
ic  format shall be transmitted by bidders and offerers to the receiving

A. 8044                             3

device designated by the political subdivision or district.  Any  method
used  to  receive  electronic  bids and offers shall comply with article
three of the state technology law, and any rules and regulations promul-
gated  and guidelines developed thereunder and, at a minimum, must [(a)]
(A) document the time and date of receipt of each bid and offer received
electronically; [(b)] (B) authenticate the identity of the sender; [(c)]
(C) ensure the security of the information transmitted;  and  [(d)]  (D)
ensure  the  confidentiality of the bid or offer until the time and date
established for the opening of bids or offers. The timely submission  of
an  electronic bid or offer in compliance with instructions provided for
such submission in the advertisement for bids or offers and/or the spec-
ifications shall be the responsibility solely of each bidder or  offerer
or  prospective  bidder or offerer. No political subdivision or district
therein shall incur any liability from delays of or interruptions in the
receiving device designated for the submission and receipt of electronic
bids and offers.
  S 2. Subdivision 1 of section 103 of the  general  municipal  law,  as
amended  by  section  2  of chapter 2 of the laws of 2012, is amended to
read as follows:
  1. (A) Except as otherwise expressly provided by an act of the  legis-
lature  or  by  a  local  law adopted prior to September first, nineteen
hundred fifty-three, all contracts for public work involving an expendi-
ture  of  more  than  thirty-five  thousand  dollars  and  all  purchase
contracts involving an expenditure of more than twenty thousand dollars,
shall  be awarded by the appropriate officer, board or agency of a poli-
tical subdivision or of any district therein including but  not  limited
to  a  soil  conservation  district  to  the  lowest  responsible bidder
furnishing the required security after advertisement for sealed bids  in
the  manner  provided  by this section, provided, however, that purchase
contracts (including contracts  for  service  work,  but  excluding  any
purchase  contracts  necessary  for  the  completion  of  a public works
contract pursuant to article eight of the labor law) may be  awarded  on
the  basis  of best value, as defined in section one hundred sixty-three
of the state finance law, to a  responsive  and  responsible  bidder  or
offerer  in  the  manner provided by this section except that in a poli-
tical subdivision other than a city with a  population  of  one  million
inhabitants  or  more or any district, board or agency with jurisdiction
exclusively therein the  use  of  best  value  of  awarding  a  purchase
contract  or  purchase  contracts must be authorized by local law or, in
the case of a district corporation, school district or board of  cooper-
ative educational services, by rule, regulation or resolution adopted at
a public meeting.
  (B)  In  determining  whether  a purchase is an expenditure within the
discretionary threshold amounts established  by  this  subdivision,  the
officer,  board  or agency of a political subdivision or of any district
therein shall consider the reasonably expected aggregate amount  of  all
purchases  of  the  same  commodities, services or technology to be made
within the twelve-month period commencing on the date of purchase.
  (C) Purchases of commodities, services  or  technology  shall  not  be
artificially  divided  for  the  purpose of satisfying the discretionary
buying thresholds established by this subdivision.
  (D) A change to or a renewal of a discretionary purchase shall not  be
permitted  if  the change or renewal would bring the reasonably expected
aggregate amount of all purchases of the same commodities,  services  or
technology  from  the  same  provider  within  the  twelve-month  period
commencing on the date of the first purchase to an amount  greater  than

A. 8044                             4

the discretionary buying threshold amount. In any case where a responsi-
ble  bidder's  or  responsible  offerer's gross price is reducible by an
allowance for the value of used machinery, equipment, apparatus or tools
to  be  traded  in  by a political subdivision, the gross price shall be
reduced by the amount of such allowance, for the purpose of  determining
the low bid or best value.
  (E)  In  cases  where  two  or more responsible bidders furnishing the
required security submit identical bids as to price, such officer, board
or agency may award the contract to any of such bidders.  Such  officer,
board  or  agency may, in his, her or its discretion, reject all bids or
offers and readvertise for new bids or offers in the manner provided  by
this section.
  (F)  NOTWITHSTANDING  PARAGRAPH (A) OF THIS SUBDIVISION, AS APPLIED TO
PROCUREMENTS MADE BY A CITY WITH A POPULATION OF ONE MILLION INHABITANTS
OR MORE, FOR PURPOSES OF THIS SECTION, "BEST VALUE" MEANS THE BASIS  FOR
AWARDING  PURCHASE  CONTRACTS  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 ANALYSIS AND MAY INCLUDE THE PROSPECTIVE BIDDER'S RECORD OF
COMPLYING WITH EXISTING LABOR STANDARDS,  MAINTAINING  HARMONIOUS  LABOR
RELATIONS,  PROTECTING  THE  HEALTH AND SAFETY OF WORKERS AND PAYMENT OF
WAGES ABOVE ANY LOCALLY-DEFINED LIVING WAGE.  SUCH BASIS MAY ALSO  IDEN-
TIFY  A  QUANTITATIVE  FACTOR TO BE USED IN EVALUATION OF BIDS OR OFFERS
FOR AWARDING OF CONTRACTS FOR BIDDERS OR OFFERERS THAT ARE  SMALL  BUSI-
NESSES  OR  CERTIFIED  MINORITY-  OR WOMEN-OWNED BUSINESS ENTERPRISES AS
DEFINED IN SUBDIVISIONS ONE, SEVEN, FIFTEEN AND TWENTY OF SECTION  THREE
HUNDRED  TEN OF THE EXECUTIVE LAW, OR CERTIFIED PURSUANT TO LOCAL LAW AS
MINORITY- OR  WOMEN-OWNED  BUSINESS  ENTERPRISES  OR  EMERGING  BUSINESS
ENTERPRISES.
  S  3.  Section 103 of the general municipal law is amended by adding a
new subdivision 17 to read as follows:
  17. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A CITY WITH A
POPULATION OF ONE MILLION INHABITANTS OR MORE MAY ESTABLISH  A  CAPACITY
BUILDING PROGRAM TO INCREASE THE CAPACITY OF BUSINESSES CERTIFIED PURSU-
ANT  TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR CERTIFIED AS MINORITY-
OR WOMEN-OWNED BUSINESS ENTERPRISES  OR  EMERGING  BUSINESS  ENTERPRISES
PURSUANT  TO  LOCAL  LAW  TO  BID  FOR  AND PERFORM PUBLIC CONTRACTS, TO
PROMOTE THE MEANINGFUL PARTICIPATION OF SUCH FIRMS  IN  SUCH  CONTRACTS.
SUCH PROGRAMS MAY PROVIDE REASONABLE PROCEDURES TO SECURE THE MEANINGFUL
PARTICIPATION OF SUCH FIRMS IN THE PERFORMANCE OF PUBLIC CONTRACTS.
  S  4.  Paragraph  (a)  of subdivision 15 of section 103 of the general
municipal law, as added by section 1-a of part MM of chapter 57  of  the
laws of 2008, is amended to read as follows:
  (a) Notwithstanding any general, special or local law or rule or regu-
lation  to  the contrary, an officer, board or agency of any county, any
school district or any political subdivision of the state with  a  popu-
lation  of  fifty  thousand or more charged with awarding a contract for
public work, AND AN OFFICER, BOARD OR AGENCY IN A CITY WITH A POPULATION
OF ONE MILLION INHABITANTS OR MORE  CHARGED  WITH  AWARDING  A  PURCHASE
CONTRACT,  may  establish  guidelines  governing  the  qualifications of
bidders seeking to bid or enter into such contracts.  If  such  officer,
board  or agency maintains an appropriate list of qualified bidders, the
bidding shall be restricted to those who have  qualified  prior  to  the
receipt  of  bids according to standards fixed by such officer, board or
agency. In determining whether a prospective bidder qualifies for inclu-
sion on a list of pre-qualified bidders, the officer,  board  or  agency

A. 8044                             5

shall  consider the experience and record of performance of the prospec-
tive bidder in the particular type of work, as well as: (i) the prospec-
tive bidder's ability to undertake the particular type and complexity of
work;  (ii)  the financial capability, responsibility and reliability of
the prospective bidder for such type and complexity of work;  (iii)  the
record of the prospective bidder in complying with existing labor stand-
ards  and  maintaining  harmonious labor relations; (iv) the prospective
bidder's compliance with equal employment opportunity  requirements  and
anti-discrimination  laws,  and  demonstrated commitment to working with
minority and women-owned businesses through joint  ventures  or  subcon-
tractor  relationships;  and (v) the record of the prospective bidder in
protecting the health and safety of workers on public works projects and
job sites as demonstrated by the prospective bidder's experience modifi-
cation rate for each of the last three years.
  S 5. Section 104-b of the general municipal law is amended by adding a
new subdivision 7 to read as follows:
  7. THE POLICIES AND PROCEDURES  ADOPTED  UNDER  THIS  SECTION  BY  THE
PROCUREMENT  POLICY  BOARD  OF  A  CITY WITH A POPULATION OF ONE MILLION
INHABITANTS OR MORE MAY CONTAIN PROVISIONS  GOVERNING  THE  AWARD  OF  A
CONTRACT  THAT ALLOW FOR THE CONSIDERATION OF A PROSPECTIVE CONTRACTOR'S
RECORD OF COMPLYING WITH EXISTING LABOR STANDARDS, MAINTAINING  HARMONI-
OUS  LABOR  RELATIONS,  PROTECTING  THE HEALTH AND SAFETY OF WORKERS AND
PAYMENT OF WAGES ABOVE ANY LOCALLY-DEFINED LIVING WAGE AS  PART  OF  THE
BASIS  FOR  CONTRACTOR  SELECTION,  AND MAY ALSO CONTAIN PROVISIONS THAT
ALLOW FOR A QUANTITATIVE FACTOR TO BE USED  IN  EVALUATION  OF  BIDS  OR
OFFERS  FOR AWARDING OF CONTRACTS FOR BIDDERS OR OFFERERS THAT ARE SMALL
BUSINESSES OR CERTIFIED MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISES AS
DEFINED IN SUBDIVISIONS ONE, SEVEN, FIFTEEN AND TWENTY OF SECTION  THREE
HUNDRED  TEN OF THE EXECUTIVE LAW, OR CERTIFIED PURSUANT TO LOCAL LAW AS
MINORITY- OR  WOMEN-OWNED  BUSINESS  ENTERPRISES  OR  EMERGING  BUSINESS
ENTERPRISES AS PART OF THE BASIS FOR CONTRACTOR SELECTION.
  S 6. Subdivision 6 of section 163 of the state finance law, as amended
by  section 1 of part P of chapter 55 of the laws of 2013, is amended to
read as follows:
  6. Discretionary buying thresholds. Pursuant to guidelines established
by the state procurement council: the commissioner may purchase services
and commodities in an amount not exceeding eighty-five thousand  dollars
without  a  formal  competitive  process;  state  agencies  may purchase
services and commodities in  an  amount  not  exceeding  fifty  thousand
dollars  without  a  formal  competitive process; and state agencies may
purchase commodities or services from small business concerns  or  those
certified pursuant to article fifteen-A of the executive law, or commod-
ities  or technology that are recycled or remanufactured, or commodities
that are food, including milk and  milk  products,  grown,  produced  or
harvested in New York state in an amount not exceeding two hundred thou-
sand dollars without a formal competitive process.  THE COMMISSIONER MAY
AUTHORIZE  PURCHASES BY AUTHORIZED USERS OF COMMODITIES OR SERVICES IN A
CITY HAVING A POPULATION OF ONE MILLION INHABITANTS OR MORE  FROM  BUSI-
NESSES  CERTIFIED  PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR
CERTIFIED AS MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISES  OR  EMERGING
BUSINESS  ENTERPRISES  PURSUANT  TO LOCAL LAW IN AN AMOUNT NOT EXCEEDING
TWO HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS.
  S 7. The New York city charter is amended  by  adding  a  new  section
314-a to read as follows:
  S 314-A. SHELTERED MARKET. THE PROCUREMENT POLICY BOARD MAY PROVIDE BY
RULE   THAT   AGENCIES   MAY   MAKE  PROCUREMENTS  OF  GOODS,  SERVICES,

A. 8044                             6

CONSTRUCTION, OR CONSTRUCTION-RELATED SERVICES FOR AMOUNTS NOT EXCEEDING
TWO HUNDRED THOUSAND DOLLARS FROM BUSINESS ENTERPRISES CERTIFIED  PURSU-
ANT  TO  SECTION  THIRTEEN HUNDRED FOUR OF THIS CHAPTER WITHOUT A FORMAL
COMPETITIVE PROCESS.
  S 8. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S 9. This act shall take effect immediately and  shall  apply  to  any
contract  let  or  awarded on or after such date; provided, however that
the amendments to subdivision 1 of section 103 of the general  municipal
law  made by section one of this act shall not affect the expiration and
reversion of such subdivision as provided in subdivision (a) of  section
41  of  part  X of chapter 62 of the laws of 2003, as amended, when upon
such date the provisions of section two of this act shall  take  effect;
provided further that the amendments to section 163 of the state finance
law  made by section six of this act shall not affect the repeal of such
section and shall be repealed therewith.

co-Sponsors

multi-Sponsors

2015-A8044A (ACTIVE) - Details

See Senate Version of this Bill:: S5924
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §103, Gen Muni L; add §314-a, NYC Chart
Versions Introduced in Other Legislative Sessions:: 2017-2018: A281, S4108
2019-2020: A10289, S1584

2015-A8044A (ACTIVE) - Summary

Relates to opportunities for minority- and women-owned business enterprises and emerging business enterprises.

2015-A8044A (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section  1.  The  opening paragraph of subdivision 1 of section 103 of
the general municipal law, as amended by section 1 of chapter 2  of  the
laws of 2012, is amended to read as follows:
  Except as otherwise expressly provided by an act of the legislature or
by  a  local  law  adopted  prior  to  September first, nineteen hundred
fifty-three, all contracts for public work involving an  expenditure  of
more  than  thirty-five  thousand  dollars  and  all  purchase contracts
involving an expenditure of more than twenty thousand dollars, shall  be
awarded  by  the  appropriate  officer,  board  or agency of a political
subdivision or of any district therein including but not  limited  to  a
soil  conservation  district to the lowest responsible bidder furnishing
the required security after advertisement for sealed bids in the  manner
provided  by  this  section,  provided, however, that purchase contracts
(including contracts  for  service  work,  but  excluding  any  purchase
contracts necessary for the completion of a public works contract pursu-
ant  to  article  eight of the labor law) may be awarded on the basis of
best value, as defined in section one hundred sixty-three of  the  state
finance  law; PROVIDED, HOWEVER, A CITY WITH A POPULATION OF ONE MILLION
INHABITANTS OR MORE MAY ALSO IDENTIFY A QUANTITATIVE FACTOR TO  BE  USED
IN  EVALUATION  OF  BIDS OR OFFERS FOR AWARDING CONTRACTS FOR BIDDERS OR
OFFERERS THAT ARE MINORITY- OR WOMEN-OWNED BUSINESS  ENTERPRISES  CERTI-
FIED  PURSUANT  TO  LOCAL LAW, to a responsive and responsible bidder or
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

tical  subdivision  other  than  a city with a population of one million
inhabitants or more or any district, board or agency  with  jurisdiction
exclusively  therein  the  use  of  best  value  for awarding a purchase
contract  or  purchase  contracts must be authorized by local law or, in
the case of a district corporation, school district or board of  cooper-
ative educational services, by rule, regulation or resolution adopted at
a  public meeting. PROVIDED, HOWEVER, THAT A CITY HAVING A POPULATION OF
ONE  MILLION  INHABITANTS  OR  MORE  IS  AUTHORIZED  TO  AWARD  PURCHASE
CONTRACTS  TO  BUSINESSES CERTIFIED AS MINORITY- OR WOMEN-OWNED BUSINESS
ENTERPRISES PURSUANT TO LOCAL LAW IN AN AMOUNT NOT TO EXCEED TWO HUNDRED
THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS.
  S 2. Section 103 of the general municipal law is amended by  adding  a
new subdivision 17 to read as follows:
  17. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A CITY WITH A
POPULATION  OF  ONE MILLION INHABITANTS OR MORE MAY ESTABLISH A CAPACITY
BUILDING PROGRAM TO INCREASE THE CAPACITY  OF  BUSINESSES  CERTIFIED  AS
MINORITY-  OR  WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO LOCAL LAW TO
BID FOR AND PERFORM PUBLIC CONTRACTS, TO PROMOTE THE MEANINGFUL  PARTIC-
IPATION  OF  SUCH  FIRMS  ON  SUCH  CONTRACTS.  SUCH PROGRAM MAY PROVIDE
REASONABLE PROCEDURES TO SECURE THE  MEANINGFUL  PARTICIPATION  OF  SUCH
FIRMS IN THE PERFORMANCE OF PUBLIC CONTRACTS.
  S  3.  Paragraph  (a)  of subdivision 15 of section 103 of the general
municipal law, as added by section 1-a of part MM of chapter 57  of  the
laws of 2008, is amended to read as follows:
  (a) Notwithstanding any general, special or local law or rule or regu-
lation  to  the contrary, an officer, board or agency of any county, any
school district or any political subdivision of the state with  a  popu-
lation  of  fifty  thousand or more charged with awarding a contract for
public work, AND AN OFFICER, BOARD OR AGENCY IN A CITY WITH A POPULATION
OF ONE MILLION INHABITANTS OR MORE  CHARGED  WITH  AWARDING  A  PURCHASE
CONTRACT,  may  establish  guidelines  governing  the  qualifications of
bidders seeking to bid or enter into such contracts.  If  such  officer,
board  or agency maintains an appropriate list of qualified bidders, the
bidding shall be restricted to those who have  qualified  prior  to  the
receipt  of  bids according to standards fixed by such officer, board or
agency. In determining whether a prospective bidder qualifies for inclu-
sion on a list of pre-qualified bidders, the officer,  board  or  agency
shall  consider the experience and record of performance of the prospec-
tive bidder in the particular type of work, as well as: (i) the prospec-
tive bidder's ability to undertake the particular type and complexity of
work; (ii) the financial capability, responsibility and  reliability  of
the  prospective  bidder for such type and complexity of work; (iii) the
record of the prospective bidder in complying with existing labor stand-
ards and maintaining harmonious labor relations;  (iv)  the  prospective
bidder's  compliance  with equal employment opportunity requirements and
anti-discrimination laws, and demonstrated commitment  to  working  with
minority  and  women-owned  businesses through joint ventures or subcon-
tractor relationships; and (v) the record of the prospective  bidder  in
protecting the health and safety of workers on public works projects and
job sites as demonstrated by the prospective bidder's experience modifi-
cation rate for each of the last three years.
  S  4.  The  New  York  city charter is amended by adding a new section
314-a to read as follows:
  S 314-A. SHELTERED MARKET. THE PROCUREMENT POLICY BOARD MAY PROVIDE BY
RULE  THAT  AGENCIES  MAY  MAKE   PROCUREMENTS   OF   GOODS,   SERVICES,
CONSTRUCTION, OR CONSTRUCTION-RELATED SERVICES FOR AMOUNTS NOT EXCEEDING

A. 8044--A                          3

TWO  HUNDRED  THOUSAND  DOLLARS  FROM  MINORITY- OR WOMEN-OWNED BUSINESS
ENTERPRISES CERTIFIED PURSUANT TO SECTION THIRTEEN HUNDRED FOUR OF  THIS
CHAPTER WITHOUT A FORMAL COMPETITIVE PROCESS.
  S 5. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S 6. This act shall take effect immediately and  shall  apply  to  any
contract  let  or  awarded on or after such date; provided, however that
the amendments to subdivision 1 of section 103 of the general  municipal
law  made by section one of this act shall not affect the expiration and
reversion of such subdivision as provided in subdivision (a) of  section
41  of  part  X  of chapter 62 of the laws of 2003, as amended and shall
expire and be deemed repealed therewith.

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Assembly Bill A8044A

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