Bill Text: NY A01440 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes the New York city school construction authority to award certain contracts for goods or services to minority- or women-owned businesses without a competitive bidding process.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to corporations, authorities and commissions [A01440 Detail]

Download: New_York-2019-A01440-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1440
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
        AN  ACT  to amend the public authorities law, in relation to authorizing
          the New York City  school  construction  authority  to  award  certain
          contracts  to minority or women-owned businesses without a competitive
          bidding process
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 2 and 8 of section 1734 of the public authori-
     2  ties  law,  as  added by chapter 738 of the laws of 1988, are amended to
     3  read as follows:
     4    2. a. Except as otherwise  provided  in  this  section,  all  purchase
     5  contracts  for  supplies,  materials or equipment involving an estimated
     6  expenditure in excess of ten thousand  dollars  and  all  contracts  for
     7  public  work involving an estimated expenditure in excess of fifty thou-
     8  sand dollars shall be awarded by the authority to the lowest responsible
     9  bidder after obtaining sealed bids in the manner hereinafter set  forth,
    10  provided  however  that  the  authority  may  enter  into  contracts for
    11  supplies, materials, equipment or public work for amounts not  exceeding
    12  one hundred fifty thousand dollars from businesses certified as minority
    13  or  women-owned  business  enterprises  pursuant  to  section  seventeen
    14  hundred forty-three of this title or from locally based enterprises with
    15  bidders or offerers that are not the lowest responsible bidder or offer-
    16  er, and without obtaining sealed bids  in  the  manner  hereinafter  set
    17  forth.  For  purposes  hereof,  contracts  for public work shall exclude
    18  contracts for personal, engineering and architectural,  or  professional
    19  services.
    20    b. The authority may reject all bids and obtain new bids in the manner
    21  provided  by  this section when it deems it in the public interest to do
    22  so or, in cases where two or more responsible bidders  submit  identical
    23  bids  which  are  the  lowest  bids,  award  the contract to any of such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00307-01-9

        A. 1440                             2
     1  bidders or obtain new bids from such bidders. Nothing herein shall obli-
     2  gate the authority to seek new bids after the rejection of bids or after
     3  cancellation of an invitation to bid.  Nothing  in  this  section  shall
     4  prohibit the evaluation of bids on the basis of costs or savings includ-
     5  ing  life  cycle  costs  of  the  item  to  be purchased, discounts, and
     6  inspection services so long as the invitation  to  bid  reasonably  sets
     7  forth  the criteria to be used in evaluating such costs or savings. Life
     8  cycle costs may include but shall not be limited  to  costs  or  savings
     9  associated  with  installation,  energy  use, maintenance, operation and
    10  salvage or disposal.
    11    8. [The] Except for contracts not exceeding one hundred fifty thousand
    12  dollars awarded to businesses certified as minority or women-owned busi-
    13  ness enterprises pursuant to section seventeen  hundred  forty-three  of
    14  this  title, the authority shall be subject to the provisions of section
    15  twenty-eight hundred seventy-nine of this chapter in awarding  contracts
    16  for personal services.
    17    §  2.  This  act  shall  take  effect  immediately  and shall apply to
    18  procurements occurring on or after such effective date.
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