Bill Text: NY A08995 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to opportunities in the city of New York for minority and women-owned business enterprises.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2018-03-28 - substituted by s7293 [A08995 Detail]
Download: New_York-2017-A08995-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8995 IN ASSEMBLY January 9, 2018 ___________ Introduced by M. of A. HYNDMAN -- read once and referred to the Commit- tee on Cities AN ACT to amend the New York city charter, in relation to opportunities for minority and women-owned business enterprises The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision i of section 311 of the New York city charter, 2 as added by a chapter of the laws of 2017, amending the New York city 3 charter relating to opportunities for minority and women-owned business 4 enterprises, as proposed in legislative bills numbers S.6513-B and 5 A.8508-A, is amended to read as follows: 6 i. In addition to other rules authorized by this section, the board 7 may provide by rule that: 8 1. agencies may make procurements of goods and services for amounts 9 not exceeding one hundred fifty thousand dollars from businesses certi- 10 fied as minority or women-owned business enterprises pursuant to section 11 thirteen hundred four of the charter without a formal competitive proc- 12 ess. 13 2. agencies may award contracts for goods and services on the basis of 14 best value to the bidder or offerer which optimizes quality, cost and 15 efficiency, among responsive and responsible bidders or offerers. Such 16 basis shall reflect, wherever possible, objective and quantifiable anal- 17 ysis and may include the prospective bidder's record of complying with 18 existing labor standards, maintaining harmonious labor relations, and 19 protecting the health and safety of workers. Such basis may also identi- 20 fy a quantitative factor for awarding of contracts for bidders or offer- 21 ers that are businesses certified as minority or women-owned business 22 enterprises pursuant to article fifteen-a of the executive law and 23 section thirteen hundred four of the charter. Where an agency identi- 24 fies a quantitative factor pursuant to this paragraph, the agency must 25 specify that businesses certified as minority or women-owned business 26 enterprises pursuant to article fifteen-a of the executive law as well 27 as those certified as minority or women-owned business enterprises 28 pursuant to section thirteen hundred four of the charter are eligible to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11891-15-7A. 8995 2 1 qualify for such factor. Nothing in this paragraph shall be construed as 2 a requirement that such businesses be concurrently certified as minority 3 or women-owned business enterprises under both article fifteen-a of the 4 executive law and section thirteen hundred four of the charter to quali- 5 fy for such quantitative factor. 6 3. the rule or rules promulgated to implement paragraph one of this 7 subdivision shall provide that the city shall, commencing on the first 8 of October of the first full calendar year following the adoption of 9 such rule or rules, submit an annual report to the governor and the 10 state legislature of the total number and total dollar value of procure- 11 ments of goods and services for amounts not exceeding one hundred fifty 12 thousand dollars from: 13 (i) businesses certified as minority or women-owned business enter- 14 prises pursuant to section thirteen hundred four of the charter; 15 (ii) all other businesses; and 16 (iii) information about the number of businesses certified as minority 17 or women-owned business enterprises pursuant to section thirteen hundred 18 four of this charter able to perform the specific type and scale of work 19 involved in each procurement. 20 § 2. Severability. If any clause, sentence, paragraph, section or 21 part of this act shall be adjudged by any court of competent jurisdic- 22 tion to be invalid and after exhaustion of all further judicial review, 23 the judgment shall not affect, impair or invalidate the remainder there- 24 of, but shall be confined in its operation to the clause, sentence, 25 paragraph, section or part of this act directly involved in the contro- 26 versy in which the judgment shall have been rendered. 27 § 3. This act shall take effect on the same date and in the same 28 manner as a chapter of the laws of 2017, amending the New York city 29 charter relating to opportunities for minority and women-owned business 30 enterprises, as proposed in legislative bills numbers S.6513-B and 31 A.8508-A, takes effect.
