S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5924--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     June 12, 2015
                                      ___________
       Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Rules  --  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11529-05-5
       S. 5924--A                          2
    1  offerer  in  the  manner provided by this section except that in a poli-
    2  tical subdivision other than a city with a  population  of  one  million
    3  inhabitants  or  more or any district, board or agency with jurisdiction
    4  exclusively  therein  the  use  of  best  value  for awarding a purchase
    5  contract or purchase contracts must be authorized by local  law  or,  in
    6  the  case of a district corporation, school district or board of cooper-
    7  ative educational services, by rule, regulation or resolution adopted at
    8  a public meeting. PROVIDED, HOWEVER, THAT A CITY HAVING A POPULATION  OF
    9  ONE  MILLION  INHABITANTS  OR  MORE  IS  AUTHORIZED  TO  AWARD  PURCHASE
   10  CONTRACTS TO BUSINESSES CERTIFIED AS MINORITY- OR  WOMEN-OWNED  BUSINESS
   11  ENTERPRISES PURSUANT TO LOCAL LAW IN AN AMOUNT NOT TO EXCEED TWO HUNDRED
   12  THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS.
   13    S  2.  Section 103 of the general municipal law is amended by adding a
   14  new subdivision 17 to read as follows:
   15    17. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A CITY WITH A
   16  POPULATION OF ONE MILLION INHABITANTS OR MORE MAY ESTABLISH  A  CAPACITY
   17  BUILDING  PROGRAM  TO  INCREASE  THE CAPACITY OF BUSINESSES CERTIFIED AS
   18  MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO LOCAL  LAW  TO
   19  BID  FOR AND PERFORM PUBLIC CONTRACTS, TO PROMOTE THE MEANINGFUL PARTIC-
   20  IPATION OF SUCH FIRMS  ON  SUCH  CONTRACTS.  SUCH  PROGRAM  MAY  PROVIDE
   21  REASONABLE  PROCEDURES  TO  SECURE  THE MEANINGFUL PARTICIPATION OF SUCH
   22  FIRMS IN THE PERFORMANCE OF PUBLIC CONTRACTS.
   23    S 3. Paragraph (a) of subdivision 15 of section  103  of  the  general
   24  municipal  law,  as added by section 1-a of part MM of chapter 57 of the
   25  laws of 2008, is amended to read as follows:
   26    (a) Notwithstanding any general, special or local law or rule or regu-
   27  lation to the contrary, an officer, board or agency of any  county,  any
   28  school  district  or any political subdivision of the state with a popu-
   29  lation of fifty thousand or more charged with awarding  a  contract  for
   30  public work, AND AN OFFICER, BOARD OR AGENCY IN A CITY WITH A POPULATION
   31  OF  ONE  MILLION  INHABITANTS  OR  MORE CHARGED WITH AWARDING A PURCHASE
   32  CONTRACT, may  establish  guidelines  governing  the  qualifications  of
   33  bidders  seeking  to  bid or enter into such contracts. If such officer,
   34  board or agency maintains an appropriate list of qualified bidders,  the
   35  bidding  shall  be  restricted  to those who have qualified prior to the
   36  receipt of bids according to standards fixed by such officer,  board  or
   37  agency. In determining whether a prospective bidder qualifies for inclu-
   38  sion  on  a  list of pre-qualified bidders, the officer, board or agency
   39  shall consider the experience and record of performance of the  prospec-
   40  tive bidder in the particular type of work, as well as: (i) the prospec-
   41  tive bidder's ability to undertake the particular type and complexity of
   42  work;  (ii)  the financial capability, responsibility and reliability of
   43  the prospective bidder for such type and complexity of work;  (iii)  the
   44  record of the prospective bidder in complying with existing labor stand-
   45  ards  and  maintaining  harmonious labor relations; (iv) the prospective
   46  bidder's compliance with equal employment opportunity  requirements  and
   47  anti-discrimination  laws,  and  demonstrated commitment to working with
   48  minority and women-owned businesses through joint  ventures  or  subcon-
   49  tractor  relationships;  and (v) the record of the prospective bidder in
   50  protecting the health and safety of workers on public works projects and
   51  job sites as demonstrated by the prospective bidder's experience modifi-
   52  cation rate for each of the last three years.
   53    S 4. The New York city charter is amended  by  adding  a  new  section
   54  314-a to read as follows:
   55    S 314-A. SHELTERED MARKET. THE PROCUREMENT POLICY BOARD MAY PROVIDE BY
   56  RULE   THAT   AGENCIES   MAY   MAKE  PROCUREMENTS  OF  GOODS,  SERVICES,
       S. 5924--A                          3
    1  CONSTRUCTION, OR CONSTRUCTION-RELATED SERVICES FOR AMOUNTS NOT EXCEEDING
    2  TWO HUNDRED THOUSAND DOLLARS  FROM  MINORITY-  OR  WOMEN-OWNED  BUSINESS
    3  ENTERPRISES  CERTIFIED PURSUANT TO SECTION THIRTEEN HUNDRED FOUR OF THIS
    4  CHAPTER WITHOUT A FORMAL COMPETITIVE PROCESS.
    5    S 5. Severability. If any clause, sentence, paragraph, section or part
    6  of  this act shall be adjudged by any court of competent jurisdiction to
    7  be invalid and after exhaustion of  all  further  judicial  review,  the
    8  judgment  shall  not affect, impair or invalidate the remainder thereof,
    9  but shall be confined in its operation to the  clause,  sentence,  para-
   10  graph,  section or part of this act directly involved in the controversy
   11  in which the judgment shall have been rendered.
   12    S 6. This act shall take effect immediately and  shall  apply  to  any
   13  contract  let  or  awarded on or after such date; provided, however that
   14  the amendments to subdivision 1 of section 103 of the general  municipal
   15  law  made by section one of this act shall not affect the expiration and
   16  reversion of such subdivision as provided in subdivision (a) of  section
   17  41  of  part  X  of chapter 62 of the laws of 2003, as amended and shall
   18  expire and be deemed repealed therewith.