Bill Text: NY S07383 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires public notice and comment for any contract for goods, services or construction to be awarded by other than competitive sealed bidding or competitive sealed bids from prequalified vendors in excess of a threshold established by the procurement policy board by rule.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-03-11 - referred to cities [S07383 Detail]
Download: New_York-2023-S07383-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7383 2023-2024 Regular Sessions IN SENATE May 22, 2023 ___________ Introduced by Sen. SEPULVEDA -- (at request of the NYC Mayor's Office of Contract Services) -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 AN ACT to amend the New York city charter, in relation to public notice and comment for certain contracts; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 326 of the New York city charter, as amended by 2 local law number 19 of the city of New York for the year 2004, is 3 amended to read as follows: 4 § 326. Public [hearings] notice and comment on contract awards. a. 5 Prior to entering into any contract for goods, services or construction 6 to be awarded by other than competitive sealed bidding or competitive 7 sealed bids from prequalified vendors, the value of which exceeds [one8hundred thousand dollars] a threshold established by the procurement 9 policy board by rule, the agency shall [upon reasonable public] give 10 notice [conduct a public hearing to receive testimony regarding the11proposed contract. Notwithstanding the preceding sentence, if within a12period of time after such notice, which period of time shall be deter-13mined by the procurement policy board, no individual requests an oppor-14tunity to speak at such a public hearing with respect to any such15proposed contract the value of which does not exceed one million16dollars, then such public hearing need not be conducted] in the City 17 Record that comments on the proposed contract may be submitted online 18 for a period of time, determined by the procurement policy board in its 19 discretion by rule, provided that such period of time shall be no less 20 than seven days and shall commence no earlier than the date such notice 21 is given. In establishing a threshold pursuant to this section, the 22 procurement policy board shall consider factors including, but not 23 limited to, the need for efficiency and transparency in city procure- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11214-01-3S. 7383 2 1 ments. The procurement policy board may by rule exempt from this public 2 [hearing] notice and comment requirement contracts to be let which do 3 not differ materially in terms and conditions, as defined by the board, 4 from contracts currently held by the city where the parties to such 5 contracts are the same; provided, that under no circumstance may such 6 exemption apply to any contract in value exceeding ten million dollars. 7 b. The requirements of this section shall not apply to any procurement 8 (i) let pursuant to a finding of an emergency under section three 9 hundred fifteen, (ii) required to be made on an accelerated basis due to 10 markets which experience significant, short-term price fluctuations, as 11 identified by rule of the board, or (iii) where [a] public [hearing] 12 notice pursuant to this section would disclose litigation strategy or 13 otherwise impair the conduct of litigation by the city. 14 § 2. No later than September 30, 2025, and no later than September 30 15 of each year thereafter, the mayor's office of contract services of the 16 city of New York shall submit to the governor, the temporary president 17 of the senate, the speaker of the assembly, the mayor of the city of New 18 York, and the comptroller of the city of New York a report relating to 19 public notice and comment on contracts of the city of New York pursuant 20 to section 326 of the New York city charter. Such report shall include, 21 but need not be limited to, the number of contracts for which public 22 notice and comment was provided pursuant to such section during the 23 previous fiscal year, the dollar value of any such contract, and whether 24 the threshold established pursuant to such section was modified during 25 the previous fiscal year and if so, the value of the threshold following 26 such modification. 27 § 3. This act shall take effect on the one hundred eightieth day after 28 it shall have become a law; provided however, that section two of this 29 act shall expire and be deemed repealed October 1, 2030. Effective imme- 30 diately, the affected agencies of the city of New York, including but 31 not limited to, the procurement policy board, may take any actions 32 necessary to effectuate the provisions of this act prior to its effec- 33 tive date.