Bill Text: NY S07383 | 2023-2024 | General Assembly | Amended
Bill Title: Requires public notice and comment for any contract for goods, services or construction to be awarded by other than competitive sealed bidding or competitive sealed bids from prequalified vendors in excess of a threshold established by the procurement policy board by rule; provides for the repeal of such provisions upon the expiration thereof.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-06-07 - SUBSTITUTED BY A8864A [S07383 Detail]
Download: New_York-2023-S07383-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7383--A Cal. No. 308 2023-2024 Regular Sessions IN SENATE May 22, 2023 ___________ Introduced by Sens. SEPULVEDA, PARKER -- (at request of the NYC Mayor's Office of Contract Services) -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 -- recommit- ted to the Committee on Cities 1 in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and deliv- ered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the New York city charter, in relation to public notice and comment for certain contracts; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 326 of the New York city charter, as amended by 2 local law number 19 of the city of New York for the year 2004, is 3 amended to read as follows: 4 § 326. Public [hearings] notice and comment on contract awards. a. 5 Prior to entering into any contract for goods, services or construction 6 to be awarded by other than competitive sealed bidding or competitive 7 sealed bids from prequalified vendors, the value of which exceeds one 8 hundred thousand dollars, the agency shall [upon reasonable public] give 9 notice [conduct a public hearing to receive testimony regarding the10proposed contract. Notwithstanding the preceding sentence, if within a11period of time after such notice, which period of time shall be deter-12mined by the procurement policy board, no individual requests an oppor-13tunity to speak at such a public hearing with respect to any such14proposed contract the value of which does not exceed one million15dollars, then such public hearing need not be conducted] in the City 16 Record that comments on the proposed contract may be submitted online 17 for a period of time of not less than seven days, determined by the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11214-05-4S. 7383--A 2 1 procurement policy board by rule, provided that such period of time 2 shall commence no earlier than the date such notice is given. A 3 description of the scope of work and key terms of the contract shall be 4 included in such notice which shall at minimum include: (i) the agency 5 name, (ii) the procurement identification number(PIN), (iii) a brief 6 description of the goods, services, or construction to be procured, and 7 method of source selection, (iv) the name and address of the proposed 8 vendor and location of the proposed program, project, or worksite, and 9 (v) the dollar amount of the proposed contract. The procurement policy 10 board may by rule exempt from this public [hearing] notice and comment 11 requirement contracts to be let which do not differ materially in terms 12 and conditions, as defined by the board, from contracts currently held 13 by the city where the parties to such contracts are the same; provided, 14 that under no circumstance may such exemption apply to any contract in 15 value exceeding ten million dollars. 16 b. The requirements of this section shall not apply to any procurement 17 (i) let pursuant to a finding of an emergency under section three 18 hundred fifteen, (ii) required to be made on an accelerated basis due to 19 markets which experience significant, short-term price fluctuations, as 20 identified by rule of the board, or (iii) where [a] public [hearing] 21 notice pursuant to this section would disclose litigation strategy or 22 otherwise impair the conduct of litigation by the city. 23 § 2. No later than September 30, 2025, and no later than September 30 24 of each year thereafter, the mayor's office of contract services of the 25 city of New York shall submit to the governor, the temporary president 26 of the senate, the speaker of the assembly, the mayor of the city of New 27 York, and the comptroller of the city of New York a report relating to 28 public notice and comment on contracts of the city of New York pursuant 29 to section 326 of the New York city charter. Such report shall include, 30 but need not be limited to, the number of contracts for which public 31 notice and comment was provided pursuant to such section during the 32 previous fiscal year, the dollar value of any such contract, and whether 33 the threshold established pursuant to such section was modified during 34 the previous fiscal year and if so, the value of the threshold following 35 such modification. 36 § 3. This act shall take effect on the one hundred eightieth day after 37 it shall have become a law and shall expire and be deemed repealed Octo- 38 ber 1, 2030. Effective immediately, the affected agencies of the city of 39 New York, including but not limited to, the procurement policy board, 40 may take any actions necessary to effectuate the provisions of this act 41 prior to its effective date.