S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10289
 
                           I N  A S S E M B L Y
 
                               April 8, 2020
                                ___________
 
 Introduced  by  M. of A. BICHOTTE, RODRIGUEZ, WALKER, BLAKE -- read once
   and referred to the Committee on Governmental Operations
 
 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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00223-01-9

 A. 10289                            2
 
 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.
   §  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.
   § 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.
   § 4. The New York city charter is amended  by  adding  a  new  section
 314-a to read as follows:
   § 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
 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.

 A. 10289                            3
 
   § 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.
   §  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.