Bill Text: NY A09147 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to requiring qualification-based criteria for awarding certain contracts for services.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-02-08 - referred to cities [A09147 Detail]
Download: New_York-2023-A09147-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9147 IN ASSEMBLY February 8, 2024 ___________ Introduced by M. of A. SIMONE, ARDILA, TAYLOR, GIBBS -- 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 23 advertised request for qualifications. The authorized entity's request 24 for qualifications shall include a general description of the public 25 work, the maximum number of responding entities to be included on the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04468-01-3A. 9147 2 1 list, the selection criteria to be used and the relative weight of each 2 criteria in generating the list. Such selection criteria shall include 3 the qualifications and experience of the design and construction team, 4 organization, demonstrated responsibility, ability of the team or of a 5 member or members of the team to comply with applicable requirements, 6 including the provisions of articles 145, 147 and 148 of the education 7 law, past record of compliance with the labor law, and such other quali- 8 fications the authorized entity deems appropriate, which may include but 9 are not limited to project understanding, financial capability and 10 record of past performance. The authorized entity shall evaluate and 11 rate all responding entities to the request for qualifications. Based 12 upon such ratings, the authorized entity shall list the responding enti- 13 ties that shall receive a request for proposals in accordance with para- 14 graph two of this subdivision. To the extent consistent with applicable 15 federal law, the authorized entity shall consider, when awarding any 16 contract pursuant to this section, the participation of (i) responding 17 entities that are certified as minority- or women-owned business enter- 18 prises pursuant to article 15-A of the executive law, or certified 19 pursuant to local law as minority- or women-owned business enterprises, 20 or, where the New York city school construction authority acts as the 21 authorized entity, certified pursuant to section 1743 of the public 22 authorities law; and (ii) small business concerns identified pursuant to 23 subdivision (b) of section 139-g of the state finance law. In addition, 24 nothing in this section shall be deemed to supersede any pre-qualifica- 25 tion guidelines or requirements otherwise authorized by law for an 26 authorized entity. If the authorized entity is utilizing a one-step 27 selection, such selection shall be made on criteria set forth in the 28 request for qualifications and award shall be made to the best-qualified 29 contractor. The parties may enter into one contract with two phases or a 30 separate contract for each of the two phases of work. 31 § 3. This act shall take effect immediately; provided, however that 32 the amendments to chapter 749 of the laws of 2019 made by sections one 33 and two of this act shall not affect the repeal of such chapter and 34 shall be deemed repealed therewith.
