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.
                                                                   LBD04468-01-3
        A. 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.