S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8508--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 17, 2017
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Cities -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 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:
 
   Section 1. Section 311 of the New York  city  charter  is  amended  by
 adding a new subdivision i to read as follows:
   I.  IN  ADDITION  TO OTHER RULES AUTHORIZED BY THIS SECTION, THE BOARD
 MAY PROVIDE BY RULE THAT:
   1. AGENCIES MAY MAKE PROCUREMENTS OF GOODS AND  SERVICES  FOR  AMOUNTS
 NOT  EXCEEDING ONE HUNDRED FIFTY THOUSAND DOLLARS FROM BUSINESSES CERTI-
 FIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO SECTION
 THIRTEEN HUNDRED FOUR OF THE CHARTER WITHOUT A FORMAL COMPETITIVE  PROC-
 ESS.
   2. AGENCIES MAY AWARD CONTRACTS FOR GOODS AND SERVICES ON THE BASIS OF
 BEST  VALUE  TO  THE BIDDER OR OFFERER WHICH OPTIMIZES QUALITY, COST AND
 EFFICIENCY, AMONG RESPONSIVE AND RESPONSIBLE BIDDERS OR  OFFERERS.  SUCH
 BASIS SHALL REFLECT, WHEREVER POSSIBLE, OBJECTIVE AND QUANTIFIABLE ANAL-
 YSIS  AND  MAY INCLUDE THE PROSPECTIVE BIDDER'S RECORD OF COMPLYING WITH
 EXISTING LABOR STANDARDS, MAINTAINING HARMONIOUS  LABOR  RELATIONS,  AND
 PROTECTING THE HEALTH AND SAFETY OF WORKERS. SUCH BASIS MAY ALSO IDENTI-
 FY A QUANTITATIVE FACTOR FOR AWARDING OF CONTRACTS FOR BIDDERS OR OFFER-
 ERS  THAT  ARE  BUSINESSES CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS
 ENTERPRISES PURSUANT TO SECTION THIRTEEN HUNDRED FOUR OF THE CHARTER.
   3. THE RULE OR RULES PROMULGATED TO IMPLEMENT PARAGRAPH  ONE  OF  THIS
 SUBDIVISION  SHALL  PROVIDE THAT THE CITY SHALL, COMMENCING ON THE FIRST
 OF OCTOBER OF THE FIRST FULL CALENDAR YEAR  FOLLOWING  THE  ADOPTION  OF
 SUCH  RULE  OR  RULES,  SUBMIT  AN ANNUAL REPORT TO THE GOVERNOR AND THE
 STATE LEGISLATURE OF THE TOTAL NUMBER AND TOTAL DOLLAR VALUE OF PROCURE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11891-14-7

 A. 8508--A                          2
 
 MENTS OF GOODS AND SERVICES FOR AMOUNTS NOT EXCEEDING ONE HUNDRED  FIFTY
 THOUSAND DOLLARS FROM:
   (I)  BUSINESSES  CERTIFIED  AS MINORITY OR WOMEN-OWNED BUSINESS ENTER-
 PRISES PURSUANT TO SECTION THIRTEEN HUNDRED FOUR OF THE CHARTER;
   (II) ALL OTHER BUSINESSES; AND
   (III) INFORMATION ABOUT THE NUMBER OF BUSINESSES CERTIFIED AS MINORITY
 OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO SECTION THIRTEEN HUNDRED
 FOUR OF THIS CHARTER ABLE TO PERFORM THE SPECIFIC TYPE AND SCALE OF WORK
 INVOLVED IN EACH PROCUREMENT.
   § 2.  Severability. If any clause,  sentence,  paragraph,  section  or
 part  of  this act shall be adjudged by any court of competent jurisdic-
 tion to be invalid and after exhaustion of all further judicial  review,
 the judgment shall not affect, impair or invalidate the remainder there-
 of,  but  shall  be  confined  in its operation to the clause, sentence,
 paragraph, section or part of this act directly involved in the  contro-
 versy in which the judgment shall have been rendered.
   §  3.  This  act  shall take effect immediately and shall apply to any
 contract entered into, renewed, modified or amended  on  or  after  such
 date.