Bill Text: NY A01026 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to requiring qualification-based criteria for awarding certain contracts for services.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-01-10 - enacting clause stricken [A01026 Detail]

Download: New_York-2023-A01026-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1026

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced by M. of A. JOYNER -- read once and referred to the Committee
          on Cities

        AN  ACT  to  amend  chapter  749  of  the laws of 2019, authorizing, for
          certain public works undertaken pursuant to project labor  agreements,
          use   of   the  alternative  delivery  method  known  as  design-build
          contracts, in relation to requiring qualification-based  criteria  for
          awarding certain contracts for services

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 2 of chapter 749 of the laws of 2019,  authorizing,
     2  for  certain  public  works  undertaken pursuant to project labor agree-
     3  ments, use of the alternative  delivery  method  known  as  design-build
     4  contracts,  is  amended  by  adding  a  new  subdivision  (f) to read as
     5  follows:
     6    (f)  "Qualifications-based"  shall  mean  the  basis  for  awarding  a
     7  contract  for  services  to an entity that submits a statement of quali-
     8  fications in response to a request for qualifications when an authorized
     9  entity utilizes a one-step method.
    10    § 2. The opening paragraph and  paragraph  1  of  subdivision  (a)  of
    11  section  4  of chapter 749 of the laws of 2019, authorizing, for certain
    12  public works undertaken pursuant to project labor agreements, use of the
    13  alternative delivery method known as design-build contracts, are amended
    14  to read as follows:
    15    A contractor selected by such an authorized entity  to  enter  into  a
    16  design-build  contract  shall be selected through a one-step or two-step
    17  method, as follows:
    18    (1) Step one. Generation of a list of responding  entities  that  have
    19  demonstrated   the   general  capability  to  perform  the  design-build
    20  contract. Such list shall consist of a specified  number  of  responding
    21  entities,  as determined by an authorized entity, and shall be generated
    22  based upon the authorized entity's review of  responses  to  a  publicly

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04468-01-3
        A. 1026                             2

     1  advertised  request  for qualifications. The authorized entity's request
     2  for qualifications shall include a general  description  of  the  public
     3  work,  the  maximum  number of responding entities to be included on the
     4  list,  the selection criteria to be used and the relative weight of each
     5  criteria in generating the list.  Such selection criteria shall  include
     6  the  qualifications  and experience of the design and construction team,
     7  organization, demonstrated responsibility, ability of the team or  of  a
     8  member  or  members  of the team to comply with applicable requirements,
     9  including the provisions of articles 145, 147 and 148 of  the  education
    10  law, past record of compliance with the labor law, and such other quali-
    11  fications the authorized entity deems appropriate, which may include but
    12  are  not  limited  to  project  understanding,  financial capability and
    13  record of past performance. The authorized  entity  shall  evaluate  and
    14  rate  all  responding entities to the request for qualifications.  Based
    15  upon such ratings, the authorized entity shall list the responding enti-
    16  ties that shall receive a request for proposals in accordance with para-
    17  graph two of this subdivision. To the extent consistent with  applicable
    18  federal  law,  the  authorized  entity shall consider, when awarding any
    19  contract pursuant to this section, the participation of  (i)  responding
    20  entities  that are certified as minority- or women-owned business enter-
    21  prises pursuant to article 15-A  of  the  executive  law,  or  certified
    22  pursuant  to local law as minority- or women-owned business enterprises,
    23  or, where the New York city school construction authority  acts  as  the
    24  authorized  entity,  certified  pursuant  to  section 1743 of the public
    25  authorities law; and (ii) small business concerns identified pursuant to
    26  subdivision (b) of section 139-g of the state finance law. In  addition,
    27  nothing  in this section shall be deemed to supersede any pre-qualifica-
    28  tion guidelines or requirements  otherwise  authorized  by  law  for  an
    29  authorized  entity.    If  the authorized entity is utilizing a one-step
    30  selection, such selection shall be made on criteria  set  forth  in  the
    31  request for qualifications and award shall be made to the best-qualified
    32  contractor. The parties may enter into one contract with two phases or a
    33  separate contract for each of the two phases of work.
    34    §  3.  This  act shall take effect immediately; provided, however that
    35  the amendments to chapter 749 of the laws of 2019 made by  sections  one
    36  and  two  of  this  act  shall not affect the repeal of such chapter and
    37  shall be deemed repealed therewith.