NY State Senate Bill 2019-S6418A

Senate Bill S6418A

Signed By Governor

2019-2020 Legislative Session

Relates to opportunities for small businesses and businesses owned by women and minorities

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 15, 2019	signed chap.98
Jul 12, 2019	delivered to governor
Jun 19, 2019	returned to senate passed assembly ordered to third reading rules cal.577 substituted for a8407 referred to ways and means delivered to assembly passed senate ordered to third reading cal.1718
Jun 16, 2019	print number 6418a
Jun 16, 2019	amend (t) and recommit to rules
Jun 10, 2019	referred to rules

Votes

- Jun 19, 2019 - Floor Vote
  S6418A
  
  53
  
  Aye
  
  9
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2019
      
      aye (53)
      
      Addabbo Jr.
      
      Akshar
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (9)
      
      Amedore
      
      Gallivan
      
      Helming
      
      Jacobs
      
      Jordan
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Serino
  Jun 19, 2019 - Rules Committee Vote
  S6418A
  
  18
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2019
      
      aye (18)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      aye wr (1)
      
      Griffo

Bill Amendments

Original

A (Active)

2019-S6418 - Details

See Assembly Version of this Bill:: A8407
Law Section:: New York City Charter
Laws Affected:: Amd §§311 & 324, add §1206, NYC Chart; amd §2590-h, Ed L; amd §1743, Pub Auth L

2019-S6418 - Summary

Relates to opportunities for small businesses and businesses owned by women and minorities.

2019-S6418 - Sponsor Memo

                                
 
BILL NUMBER: S6418

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the New York city charter, the insur-
ance law, the education law and the public authorities law, in relation
to opportunities for small businesses and businesses owned by women and
minorities and emerging business enterprises

 
SUMMARY OF PROVISIONS:

Section 1 contains legislative findings that disparity studies conducted
by New York State and New York City demonstrate the continuing effects
of discrimination on businesses owned by minorities and women in the
market where the City conducts it procurements, and that it continues to
be appropriate for the City of New York to establish and implement
reasonable procedures to secure the meaningful participation of minority
and women-owned businesses ("MWBEs"), as well as emerging business
enterprises ("EBEs," defined in the New York City Charter as businesses
owned by individuals who are socially and economically disadvantaged),
in its procurement process, including but not limited to measures
already authorized by state and local legislation and rulep and the
measures authorized in this act.

Section 2 amends section 311(i)(1) of the New York City Charter, which
currently allows the Procurement Policy Board to adopt rules for City
agencies to make procurements of goods and services for up to $150,000
from MWBEs without a formal competitive process. The amendments would
add construction procurements and raise the limit to one million
dollars.

Section 3 amends section 324 of the New York City Charter, which
currently authorizes agencies to use prequalified lists of vendors in
accordance with criteria established by the Procurement Policy Board.
The amendment would add a firm's status as an MWBE or EBE to the crite-
ria that may be used in creating such lists.

Section 4 would add a new section 1206 to Chapter 55 of the New York
City Charter, which contains the authority of the Department of Design
and Construction. The amendment would authorize DDC to establish a
mentoring program for small businesses, MWBEs and EBEs modelled on the
mentoring program that the MTA has established pursuant to section
1265-b of the Public Authorities Law.

Section 5 would amend provisions of Insurance Law § 2504 that generally
prohibit the State, public corporations and public authorities from
requiring bidders on competitively bid contracts to participate in an
Owner Controlled Insurance Program (OCIP) or Contractor Controlled
Insurance Program (CCIP). Currently an exemption is provided for certain
entities created by interstate compact and for certain projects involv-
ing electrical generating and transmission facilities, light rail, heavy
rail rapid transit and commuter railroads.  The bill would add an
exemption for the City of New York, and for public corporations or
authorities operating primarily within the City, in connection With
contracts that include participation requirements for MWBEs or EBEs.

Section 6 would amend Education Law $ 2590-h(36)(a), which currently
provides for the Chancellor to develop procurement rules that include
measures to enhance the ability of MWBEs to compete for contracts and
ensure their meaningful participation in the procurement process. The
amendments would specify that the City School District has the authority
to use the same measures as are available to the City pursuant to the
General Municipal Law, the City Charter and the Administrative Code, and
that the measures would be available for MWBEs certified by the State or
the City, as well as for EBEs.

Section 7 would amend Public Authorities Law § 1743(2)(b) to provide
that in addition to the measures the School Construction Authority has
already implemented, it may also use the same measures as are available
to the City pursuant to the General Municipal Law, the City Charter and
the Administrative Code.

 
REASONS FOR SUPPORT:

The most recent disparity studies conducted by both the State of New
York and the City of New York demonstrate that discrimination affecting
MWBEs that seek to do business in the market where the City does Its
procurements persists. The City has undertaken many efforts to address
this, including the setting of participation goals for MWBEs and EBEs
pursuant to our Local Law 1 program, the use of discretionary spending
authority the State Legislature enacted in Chapter 504 of 2017, and the
use of the best value technique authorized by the General Municipal Law
and the City Charter, as amended by Chapter 504 and Chapter 19 of 2018.
The Administration has also launched a Contract Financing Loan Fund and
Bond Collateral Assistance Fund to improve access to capital for MWBEs
in the private market place. UW8E-certified worker cooperatives will be
among the firms that benefit from this policy change, which may also
incentivize more worker co-ops to apply for certification. The proposed
amendments would significantly enhance the City's ability to make faster
progress toward addressing the impact of discrimination.

2019-S6418 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6418
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 10, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER  --  (at  request of the NYC Small Business
   Services) -- read twice and ordered printed, and when  printed  to  be
   committed to the Committee on Rules
 
 AN ACT to amend the New York city charter, the insurance law, the educa-
   tion  law and the public authorities law, in relation to opportunities
   for small businesses and businesses owned by women and minorities  and
   emerging business enterprises
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature finds that  disparity
 studies  conducted by the state and the city of New York demonstrate the
 continuing effects of discrimination on businesses owned  by  minorities
 and  women  in  the  market  where  the  city conducts its procurements.
 Therefore, it continues to be appropriate for the city of  New  York  to
 establish  and  implement reasonable procedures to secure the meaningful
 participation of minority and women-owned businesses, as well as  emerg-
 ing  business enterprises, in its procurement process, including but not
 limited to measures already authorized by state  and  local  legislation
 and rules and the measures authorized in this act.
   §  2. Paragraph 1 of subdivision i of section 311 of the New York city
 charter, as amended by chapter 19 of the laws of  2018,  is  amended  to
 read as follows:
   1.  agencies  may  make  procurements  of  goods  [and],  services AND
 CONSTRUCTION for amounts not  exceeding  one  [hundred  fifty  thousand]
 MILLION  dollars  from  businesses certified [as minority or women-owned
 business enterprises] pursuant to section thirteen hundred four  of  the
 charter without a formal competitive process.
   §  3.  Subdivision  a  of section 324 of the New York city charter, as
 amended by local law number 17 for the year 2004, is amended to read  as
 follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11067-01-9

 S. 6418                             2
 
   a.  Agencies may maintain lists of prequalified vendors and entry into
 a  prequalified  group  shall  be  continuously  available.  Prospective
 vendors  may be prequalified as contractors for the provision of partic-
 ular types of goods,  services  and  construction,  in  accordance  with
 general  criteria  established  by  rule of the procurement policy board
 which may include, but shall not be limited  to,  the  experience,  past
 performance,  ability to undertake work, financial capability, responsi-
 bility, and reliability of prospective bidders, AND THEIR  STATUS  AS  A
 FIRM CERTIFIED PURSUANT TO SECTION THIRTEEN HUNDRED FOUR OF THE CHARTER,
 and  which  may  be  supplemented by criteria established by rule of the
 agency for the prequalification  of  vendors  for  particular  types  of
 goods,  services  or  construction  or by criteria published in the City
 Record by the agency prior to the  prequalification  of  vendors  for  a
 particular  procurement.  Such  prequalification  may  be  by categories
 designated by size and other factors.
   § 4. The New York city charter is amended by adding a new section 1206
 to read as follows:
   §  1206.  MENTORING  PROGRAM.  1.  THE  DEPARTMENT   OF   DESIGN   AND
 CONSTRUCTION  MAY ESTABLISH A MENTORING PROGRAM FOR SMALL BUSINESSES AND
 BUSINESSES THAT HAVE BEEN CERTIFIED PURSUANT TO SECTION THIRTEEN HUNDRED
 FOUR OF THE CHARTER IN THE CONSTRUCTION TRADES. THE DEPARTMENT OF DESIGN
 AND CONSTRUCTION MAY DETERMINE THE CRITERIA PURSUANT TO WHICH A BUSINESS
 SHALL BE ELIGIBLE FOR AND SELECTED AS A MENTEE BUSINESS PARTICIPATING IN
 THE COMPONENTS OF SUCH A PROGRAM UNDER PARAGRAPH C OF  SUBDIVISION  FIVE
 OF  THIS SECTION, THE NUMBER OF MENTEE BUSINESSES TO PARTICIPATE IN EACH
 SUCH COMPONENT OF SUCH A  PROGRAM,  THE  CRITERIA  FOR  THE  COMPETITIVE
 SELECTION  OF  THE  FIRMS  THAT WILL PROVIDE MENTORING SERVICES, AND THE
 ASSIGNMENT OF A MENTOR TO A SPECIFIC MENTEE BUSINESS.
   2. THE DEPARTMENT OF DESIGN  AND  CONSTRUCTION  SHALL  BE  AUTHORIZED,
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW:
   A.  TO  DESIGNATE  WHICH ELIGIBLE CONTRACTS SHALL BE MENTORING PROGRAM
 CONTRACTS UNDER SUBPARAGRAPHS ONE AND TWO OF PARAGRAPH C OF  SUBDIVISION
 FIVE OF THIS SECTION, RESPECTIVELY;
   B.  TO ESTABLISH STANDARDS FOR QUALIFYING MENTEE BUSINESSES TO COMPETE
 FOR A MENTORING PROGRAM CONTRACT, PROVIDED THAT NO LESS THAN TWO  QUALI-
 FIED  MENTEE  BUSINESSES IN THE PROGRAM MUST SUBMIT RESPONSIVE OFFERS TO
 PERFORM THE CONTRACT;
   C. TO DETERMINE  WHEN  BIDS  OR  PROPOSALS  FOR  A  MENTORING  PROGRAM
 CONTRACT  SHOULD  BE  RESTRICTED TO MENTEE BUSINESSES THAT, PRIOR TO THE
 RECEIPT OF BIDS OR PROPOSALS, HAVE BEEN QUALIFIED FOR SUCH COMPETITION;
   D. TO COMPETITIVELY SELECT, DESIGNATE AND CONTRACT WITH  ONE  OR  MORE
 EXPERIENCED  FIRMS THAT, UNDER THE GENERAL SUPERVISION OF THE DEPARTMENT
 OF DESIGN AND CONSTRUCTION,  WILL  PROVIDE  MENTORING  SERVICES  TO  THE
 MENTEE  BUSINESSES,  AND  TO  ASSIGN SUCH MENTORS ONE OR MORE DESIGNATED
 MENTEE BUSINESSES;
   E. TO ASSIST  MENTEE  BUSINESSES  THAT  HAVE  BEEN  AWARDED  MENTORING
 PROGRAM  CONTRACTS  TO  OBTAIN  ANY SURETY BOND OR CONTRACT OF INSURANCE
 REQUIRED OF THEM IN CONNECTION WITH SUCH CONTRACT ONLY,  NOTWITHSTANDING
 ANY PROVISION OF SECTION TWO THOUSAND FIVE HUNDRED FOUR OF THE INSURANCE
 LAW TO THE CONTRARY; AND
   F. IN ADDITION TO THE BENEFITS OF SUCH PROGRAM AND NOTWITHSTANDING ANY
 OTHER  PROVISION  OF LAW, TO PROVIDE MENTEE BUSINESSES TECHNICAL ASSIST-
 ANCE IN OBTAINING BID, PAYMENT AND  PERFORMANCE  BONDING  FOR  CONTRACTS
 THAT  ARE  NOT MENTORING PROGRAM CONTRACTS, FOR WHICH THE BUSINESSES ARE
 OTHERWISE QUALIFIED.

 S. 6418                             3
 
   3. IF THE TOTAL NUMBER OF QUALIFIED MENTEE BUSINESSES THAT RESPOND  TO
 A  COMPETITION  AND ARE CONSIDERED CAPABLE OF MEETING THE SPECIFICATIONS
 AND TERMS OF THE INVITATION TO COMPETE IS  LESS  THAN  TWO,  OR  IF  THE
 DEPARTMENT  OF DESIGN AND CONSTRUCTION DETERMINES THAT ACCEPTANCE OF THE
 BEST  OFFER  WILL  RESULT  IN  THE PAYMENT OF AN UNREASONABLE PRICE, THE
 DEPARTMENT OF DESIGN AND CONSTRUCTION SHALL REJECT ALL OFFERS AND  WITH-
 DRAW THE DESIGNATION OF THE CONTRACT AS A MENTORING PROGRAM CONTRACT. IF
 THE  DEPARTMENT  OF DESIGN AND CONSTRUCTION WITHDRAWS THE DESIGNATION OF
 THE CONTRACT AS A MENTORING PROGRAM CONTRACT, THE MENTEE BUSINESSES,  IF
 ANY, THAT MADE OFFERS SHALL BE NOTIFIED.
   4. A MENTOR SHALL PROVIDE SERVICES AND ASSISTANCE TO A MENTEE BUSINESS
 AS  DESIGNATED  BY  THE DEPARTMENT OF DESIGN AND CONSTRUCTION, WHICH MAY
 INCLUDE THE FOLLOWING:
   A. PROVIDE BUSINESS TRAINING IN THE  SKILLS  NECESSARY  TO  OPERATE  A
 SUCCESSFUL BUSINESS AND TO COMPETE FOR AND PERFORM A CONTRACT;
   B.  PROVIDE  TECHNICAL ASSISTANCE TO THE MENTEE BUSINESS TO ASSESS THE
 OUTCOME IF THE MENTEE  BUSINESS  COMPETES  FOR  BUT  IS  NOT  AWARDED  A
 CONTRACT;
   C.  IF  THE  MENTORING PROGRAM CONTRACT IS AWARDED TO THE MENTEE BUSI-
 NESS, PROVIDE GUIDANCE, ADVICE AND TECHNICAL ASSISTANCE  TO  THE  MENTEE
 BUSINESS IN THE PERFORMANCE OF THE CONTRACT; AND
   D. PROVIDE OTHER TECHNICAL ASSISTANCE TO THE MENTEE BUSINESS TO FACIL-
 ITATE LEARNING, TRAINING AND OTHER ISSUES WHICH MAY ARISE.
   5. AS USED IN THIS SECTION:
   A.  "SMALL BUSINESS" MEANS A BUSINESS WHICH (1) IS INDEPENDENTLY OWNED
 AND OPERATED; AND (2) HAS ANNUAL REVENUES NOT EXCEEDING A FISCAL LIMITA-
 TION OF FIVE MILLION DOLLARS OR SUCH LESSER AMOUNT AS ESTABLISHED BY THE
 DEPARTMENT OF DESIGN AND CONSTRUCTION PURSUANT TO THIS SECTION.
   B. "MENTORING PROGRAM CONTRACT" MEANS A  CONTRACT  DESIGNATED  BY  THE
 DEPARTMENT  OF  DESIGN  AND  CONSTRUCTION, IN AN ESTIMATED AMOUNT OF NOT
 MORE THAN ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FOR CONTRACTS  UNDER
 SUBPARAGRAPH  ONE  OF  PARAGRAPH C OF THIS SUBDIVISION AND THREE MILLION
 DOLLARS FOR CONTRACTS UNDER SUBPARAGRAPH  TWO  OF  SUCH  PARAGRAPH,  FOR
 WHICH  BIDS  OR PROPOSALS ARE TO BE INVITED AND ACCEPTED ONLY FROM BUSI-
 NESSES THAT ARE ENROLLED IN A MENTORING PROGRAM AND HAVE  BEEN  SELECTED
 BY  THE  DEPARTMENT  OF  DESIGN  AND  CONSTRUCTION  TO  COMPETE  FOR THE
 CONTRACT.
   C. "MENTORING PROGRAM" IS  A  PROGRAM  ESTABLISHED  PURSUANT  TO  THIS
 SECTION TO PROVIDE MENTEE BUSINESSES WITH THE OPPORTUNITY:
   (1)  FOR  UP  TO  NINE  YEARS,  TO  COMPETE FOR AND, WHERE AWARDED, TO
 PERFORM CERTAIN CONTRACTS DESIGNATED  FOR  INCLUSION  IN  THE  MENTORING
 PROGRAM,  WITH  THE  ASSISTANCE  OF A COMPETITIVELY SELECTED MENTOR FIRM
 THAT HAS EXTENSIVE MANAGEMENT AND MENTORING EXPERIENCE, WITH THE  MENTOR
 PROVIDING  THE  MENTEE  BUSINESS WITH ADVICE AND ASSISTANCE IN COMPETING
 FOR AND MANAGING CONTRACTS; AND
   (2)  FOR  A  MENTEE  BUSINESS  THAT  THE  DEPARTMENT  OF  DESIGN   AND
 CONSTRUCTION HAS DETERMINED HAS SUCCESSFULLY COMPLETED THE PROGRAM UNDER
 SUBPARAGRAPH ONE OF THIS PARAGRAPH, FOR UP TO FOUR ADDITIONAL YEARS, (A)
 ADDITIONAL  OPPORTUNITIES  TO COMPETE WITH OTHER DESIGNATED MENTEE BUSI-
 NESSES IN THE PROGRAM FOR CERTAIN CONTRACTS TO BE DESIGNATED FOR  INCLU-
 SION  UNDER  THIS  SUBPARAGRAPH  AND,  WHERE  AWARDED,  TO  PERFORM SUCH
 CONTRACTS, WITH THE  FURTHER  ASSISTANCE  OF  A  COMPETITIVELY  SELECTED
 MENTOR FIRM THAT HAS EXTENSIVE MANAGEMENT AND MENTORING EXPERIENCE, WITH
 THE  MENTOR PROVIDING THE MENTEE WITH ADVICE AND TECHNICAL ASSISTANCE IN
 COMPETING FOR AND MANAGING CONTRACTS, AND (B) ASSISTANCE, AS  DETERMINED
 BY THE DEPARTMENT OF DESIGN AND CONSTRUCTION, FOR SUCH A MENTEE BUSINESS

 S. 6418                             4
 
 TO  OBTAIN BONDING FOR CONTRACTS THAT ARE COMPETITIVELY AWARDED PURSUANT
 TO ANY OTHER PROVISION OF LAW.
   6. COMMENCING ON OCTOBER FIRST, TWO THOUSAND TWENTY, THE DEPARTMENT OF
 DESIGN  AND  CONSTRUCTION  SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR
 AND THE LEGISLATURE THAT CONTAINS  THE  FOLLOWING  INFORMATION  FOR  THE
 PRECEDING CITY FISCAL YEAR:
   A.  THE  TOTAL  NUMBER  AND  TOTAL  DOLLAR  VALUE OF MENTORING PROGRAM
 CONTRACTS; AND
   B. MENTORING PROGRAM PARTICIPATION RATES.
   § 5. Paragraph 2 of subsection (a) of section 2504  of  the  insurance
 law is amended to read as follows:
   (2) In paragraph one hereof, "public corporation" and "public authori-
 ty" shall not include:
   (A)  a  public  corporation  or  public  authority created pursuant to
 agreement or compact with another state, or
   (B) the city of New York, a public corporation or public authority, in
 connection with the construction of  electrical  generating  and  trans-
 mission  facilities  or  construction, extensions and additions of light
 rail or heavy rail rapid transit and commuter railroads, OR
   (C) THE CITY OF NEW YORK, OR A PUBLIC CORPORATION OR PUBLIC  AUTHORITY
 OPERATING  PRIMARILY  WITHIN  THE  CITY  OF NEW YORK, IN CONNECTION WITH
 CONTRACTS THAT INCLUDE PARTICIPATION REQUIREMENTS  FOR  BUSINESS  ENTER-
 PRISES OWNED BY MINORITIES OR WOMEN OR EMERGING BUSINESS ENTERPRISES.
   §  6.  Paragraph (a) of subdivision 36 of section 2590-h of the educa-
 tion law, as amended by chapter 345 of the laws of 2009, is  amended  to
 read as follows:
   (a) Such policy shall specifically include:
   (i) a competitive sealed bidding process for the awarding of contracts
 in  which  sealed  bids  are  publicly  solicited  and opened and that a
 contract is awarded to the lowest responsive, responsible bidder;
   (ii) processes for awarding contracts using  alternatives  to  compet-
 itive sealed bidding where competitive sealed bidding is not practicable
 or  not  advantageous,  in  which  case the most competitive alternative
 method of procurement, which is  appropriate  under  the  circumstances,
 shall  be used consistent with the requirements of subparagraph (vii) of
 this paragraph;
   (iii) measures to enhance the ability  of  minority  and  women  owned
 business  enterprises AND EMERGING BUSINESS ENTERPRISES, INCLUDING FIRMS
 CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW  AND  FIRMS
 CERTIFIED PURSUANT TO SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY
 CHARTER, to compete for contracts and to ensure their meaningful partic-
 ipation  in  the procurement process. THE SCHOOL DISTRICT SHALL HAVE THE
 AUTHORITY TO USE THE SAME MEASURES AS ARE AVAILABLE TO THE CITY  OF  NEW
 YORK  PURSUANT  TO THE GENERAL MUNICIPAL LAW, THE NEW YORK CITY CHARTER,
 AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK;
   (iv)  the  manner  for  administering  contracts  and  overseeing  the
 performance of contracts and contractors;
   (v) standards and procedures to be used in determining whether bidders
 are responsible;
   (vi)  circumstances  under  which  procurement  may  be  used  for the
 provision of technical, consultant or personal services;
   (vii) requiring written justification for  the  basis,  including  the
 efficiency,  benefit,  and  necessity,  for  awarding  a  contract using
 procurement methods other  than  competitive  sealed  bidding  including
 competitive sealed proposals and sole source contracts, and for awarding
 technical, consultant, or personal services contracts, franchises, revo-

 S. 6418                             5
 
 cable  consents,  or  concessions.  Such  written justification shall be
 filed with the comptroller of the city of New York along with the corre-
 sponding contract, franchise, revocable consent, or concession;
   (viii)  maintaining  a  file  for  every contract franchise, revocable
 consent, and concession containing information pertaining to the  solic-
 itation, award and management of every such contract or agreement.  Such
 file  shall  contain  copies  of  each  determination, writing or filing
 required by this subdivision and shall be open to public inspection with
 adequate protection for information which is confidential;
   (ix) a process for the filing of all contracts, franchises,  revocable
 consents, and concessions with the comptroller of the city of New York;
   (x)  a  process for emergency procurement in the case of an unforeseen
 danger to life, safety, property or a necessary  service  provided  that
 such  procurement  shall be made with such competition as is practicable
 under the circumstances and that a written determination  of  the  basis
 for the emergency procurement shall be required and filed with the comp-
 troller  of  the  city of New York when such emergency contract is filed
 with such comptroller; and
   (xi) procedures for the fair  and  equitable  resolution  of  contract
 disputes.
   §  7.  Paragraph  b  of  subdivision  2  of section 1743 of the public
 authorities law, as added by chapter 562 of the laws of 1990, is amended
 to read as follows:
   b. The authority shall establish and implement  reasonable  procedures
 to secure the meaningful participation of minority and women-owned busi-
 ness  enterprises  in its procurement process. IN ADDITION TO PROCEDURES
 IT HAS ALREADY ADOPTED FOR SUCH PURPOSE, THE AUTHORITY MAY USE THE  SAME
 MEASURES AS ARE AVAILABLE TO THE CITY OF NEW YORK PURSUANT TO THE GENER-
 AL MUNICIPAL LAW, THE NEW YORK CITY CHARTER, AND THE ADMINISTRATIVE CODE
 OF THE CITY OF NEW YORK.
   §  8.  This  act  shall take effect immediately and shall apply to any
 contract entered into, renewed, modified or amended  on  or  after  such
 date; provided that the amendments to paragraph (a) of subdivision 36 of
 section  2590-h  of  the  education  law made by section six of this act
 shall not affect the expiration and reversion of such subdivision pursu-
 ant to section 34 of chapter 91 of the laws  of  2002,  as  amended  and
 shall be deemed to expire therewith.

co-Sponsors

2019-S6418A (ACTIVE) - Details

See Assembly Version of this Bill:: A8407
Law Section:: New York City Charter
Laws Affected:: Amd §§311 & 324, add §1206, NYC Chart; amd §2590-h, Ed L; amd §1743, Pub Auth L

2019-S6418A (ACTIVE) - Summary

Relates to opportunities for small businesses and businesses owned by women and minorities.

2019-S6418A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6418A

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the New York city charter, the educa-
tion law and the public authorities law, in relation to opportunities
for small businesses and businesses owned by women and minorities

 
SUMMARY OF PROVISIONS:

Section 1 contains legislative findings that disparity studies conducted
by New York State and New York City demonstrate the continuing effects
of discrimination on businesses owned by minorities and women in the
market where the City conducts it procurements, and that it continues to
be appropriate for the City of New York to establish and implement
reasonable procedures to secure the meaningful participation of minority
and women-owned businesses ("MWBEs"), as well as emerging business
enterprises ("EBEs," defined in the New York City Charter as businesses
owned by individuals who are socially and economically disadvantaged),
in its procurement process, including but not limited to measures
already authorized by state and local legislation and rules and the
measures authorized in this act.

Section 2 amends section 311(i)(1) of the New York City Charter, which
currently allows the Procurement Policy Board to adopt rules for City
agencies to make procurements of goods and services for up to $150,000
from MWBEs without a formal competitive process. The amendments would
add construction procurements and raise the limit to one million
dollars.

Section 3 amends section 324 of the New York City Charter, which
currently authorizes agencies to use prequalified lists of vendors in
accordance with criteria established by the Procurement Policy Board.
The amendment would add a firm's status as an MWBE or EBE to the crite-
ria that may be used in creating such lists.

Section 4 would add a new section 1206 to Chapter 55 of the New York
City Charter, which contains the authority of the Department of Design
and Construction. The amendment would authorize DDC to establish a
mentoring program for small businesses, MWBEs and EBEs modelled on the
mentoring program that the MTA has established pursuant to section
1265-b of the Public Authorities Law.

Section 5 would amend provisions of Insurance Law § 2504 that generally
prohibit the State, public corporations and public authorities from
requiring bidders on competitively bid contracts to participate in an
Owner Controlled Insurance Program (OCIP) or Contractor Controlled
Insurance Program (CCIP). Currently an exemption is provided for certain
entities created by interstate compact and for certain projects involv-
ing electrical generating and transmission facilities, light rail, heavy
rail rapid transit and commuter railroads.  The bill would add an
exemption for the City of New York, and for public corporations or
authorities operating primarily within the City, in connection With
contracts that include participation requirements for MWBEs or EBEs.

Section 6 would amend Education Law § 2590-h(36)(a), which currently
provides for the Chancellor to develop procurement rules that include
measures to enhance the ability of MWBEs to compete for contracts and
ensure their meaningful participation in the procurement process. The
amendments would specify that the City School District has the authority
to use the same measures as are available to the City pursuant to the
General Municipal Law, the City Charter and the Administrative Code, and
that the measures would be available for MWBEs certified by the State or
the City, as well as for EBEs.

Section 7 would amend Public Authorities Law § 1743(2)(b) to provide
that in addition to the measures the School Construction Authority has
already implemented, it may also use the same measures as are available
to the City pursuant to the General Municipal Law, the City Charter and
the Administrative Code.

 
REASONS FOR SUPPORT:

The most recent disparity studies conducted by both the State of New
York and the City of New York demonstrate that discrimination affecting
MWBEs that seek to do business in the market where the City does its
procurements persists. The City has undertaken many efforts to address
this, including the setting of participation goals for MWBEs and EBEs
pursuant to our Local Law 1 program, the use of discretionary spending
authority the State Legislature enacted in Chapter 504 of 2017, and the
use of the best value technique authorized by the General Municipal Law
and the City Charter, as amended by Chapter 504 and Chapter 19 of 2018.
The Administration has also launched a Contract Financing Loan Fund and
Bond Collateral Assistance Fund to improve access to capital for MWBEs
in the private market place. UW8E-certified worker cooperatives will be
among the firms that benefit from this policy change, which may also
incentivize more worker co-ops to apply for certification. The proposed
amendments would significantly enhance the City's ability to make faster
progress toward addressing the impact of discrimination.

2019-S6418A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6418--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 10, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER  --  (at  request of the NYC Small Business
   Services) -- read twice and ordered printed, and when  printed  to  be
   committed  to  the  Committee  on  Rules -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to  amend  the New York city charter, the education law and the
   public authorities law, in relation to opportunities for  small  busi-
   nesses and businesses owned by women and minorities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature finds that  disparity
 studies  conducted by the state and the city of New York demonstrate the
 continuing effects of discrimination on businesses owned  by  minorities
 and  women  in  the  market  where  the  city conducts its procurements.
 Therefore, it continues to be appropriate for the city of  New  York  to
 establish  and  implement reasonable procedures to secure the meaningful
 participation of minority and women-owned businesses, as well as  emerg-
 ing  business enterprises, in its procurement process, including but not
 limited to measures already authorized by state  and  local  legislation
 and rules and the measures authorized in this act.
   §  2. Paragraph 1 of subdivision i of section 311 of the New York city
 charter, as amended by chapter 19 of the laws of  2018,  is  amended  to
 read as follows:
   1.  agencies  may  make  procurements  of  goods  [and],  services AND
 CONSTRUCTION for amounts not exceeding [one] FIVE hundred [fifty]  thou-
 sand  dollars from businesses certified as minority or women-owned busi-
 ness enterprises pursuant to section thirteen hundred four of the  char-
 ter without a formal competitive process.
   §  3.  Subdivision  a  of section 324 of the New York city charter, as
 amended by local law number 17 for the year 2004, is amended to read  as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11067-08-9

 S. 6418--A                          2
 
   a.  Agencies may maintain lists of prequalified vendors and entry into
 a  prequalified  group  shall  be  continuously  available.  Prospective
 vendors  may be prequalified as contractors for the provision of partic-
 ular types of goods,  services  and  construction,  in  accordance  with
 general  criteria  established  by  rule of the procurement policy board
 which may include, but shall not be limited  to,  the  experience,  past
 performance,  ability to undertake work, financial capability, responsi-
 bility, and reliability of prospective bidders, AND THEIR  STATUS  AS  A
 CERTIFIED  MINORITY  AND  WOMEN  OWNED  BUSINESS  ENTERPRISE PURSUANT TO
 SECTION THIRTEEN HUNDRED FOUR OF THE CHARTER, and which may  be  supple-
 mented  by  criteria established by rule of the agency for the prequali-
 fication  of  vendors  for  particular  types  of  goods,  services   or
 construction  or  by criteria published in the City Record by the agency
 prior to the prequalification of vendors for a  particular  procurement.
 Such  prequalification may be by categories designated by size and other
 factors.
   § 4. The New York city charter is amended by adding a new section 1206
 to read as follows:
   §  1206.  MENTORING  PROGRAM.  1.  THE  DEPARTMENT   OF   DESIGN   AND
 CONSTRUCTION  MAY ESTABLISH A MENTORING PROGRAM FOR SMALL BUSINESSES AND
 MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES THAT HAVE  BEEN  CERTIFIED
 PURSUANT  TO  SECTION  THIRTEEN  HUNDRED  FOUR  OF  THE  CHARTER  IN THE
 CONSTRUCTION TRADES. THE  DEPARTMENT  OF  DESIGN  AND  CONSTRUCTION  MAY
 DETERMINE  THE  CRITERIA  PURSUANT TO WHICH A BUSINESS SHALL BE ELIGIBLE
 FOR AND SELECTED AS A MENTEE BUSINESS PARTICIPATING IN THE COMPONENTS OF
 SUCH A PROGRAM UNDER PARAGRAPH C OF SUBDIVISION FIVE  OF  THIS  SECTION,
 THE NUMBER OF MENTEE BUSINESSES TO PARTICIPATE IN EACH SUCH COMPONENT OF
 SUCH  A PROGRAM, THE CRITERIA FOR THE COMPETITIVE SELECTION OF THE FIRMS
 THAT WILL PROVIDE MENTORING SERVICES, AND THE ASSIGNMENT OF A MENTOR  TO
 A SPECIFIC MENTEE BUSINESS.
   2.  THE  DEPARTMENT  OF  DESIGN  AND CONSTRUCTION SHALL BE AUTHORIZED,
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW:
   A. TO DESIGNATE WHICH ELIGIBLE CONTRACTS SHALL  BE  MENTORING  PROGRAM
 CONTRACTS  UNDER SUBPARAGRAPHS ONE AND TWO OF PARAGRAPH C OF SUBDIVISION
 FIVE OF THIS SECTION, RESPECTIVELY;
   B. TO ESTABLISH STANDARDS FOR QUALIFYING MENTEE BUSINESSES TO  COMPETE
 FOR  A MENTORING PROGRAM CONTRACT, PROVIDED THAT NO LESS THAN TWO QUALI-
 FIED MENTEE BUSINESSES IN THE PROGRAM MUST SUBMIT RESPONSIVE  OFFERS  TO
 PERFORM THE CONTRACT;
   C.  TO  DETERMINE  WHEN  BIDS  OR  PROPOSALS  FOR  A MENTORING PROGRAM
 CONTRACT SHOULD BE RESTRICTED TO MENTEE BUSINESSES THAT,  PRIOR  TO  THE
 RECEIPT OF BIDS OR PROPOSALS, HAVE BEEN QUALIFIED FOR SUCH COMPETITION;
   D.  TO  COMPETITIVELY  SELECT, DESIGNATE AND CONTRACT WITH ONE OR MORE
 EXPERIENCED FIRMS THAT, UNDER THE GENERAL SUPERVISION OF THE  DEPARTMENT
 OF  DESIGN  AND  CONSTRUCTION,  WILL  PROVIDE  MENTORING SERVICES TO THE
 MENTEE BUSINESSES, AND TO ASSIGN SUCH MENTORS  ONE  OR  MORE  DESIGNATED
 MENTEE BUSINESSES;
   E.  TO  ASSIST  MENTEE  BUSINESSES  THAT  HAVE  BEEN AWARDED MENTORING
 PROGRAM CONTRACTS TO OBTAIN ANY SURETY BOND  OR  CONTRACT  OF  INSURANCE
 REQUIRED  OF THEM IN CONNECTION WITH SUCH CONTRACT ONLY, NOTWITHSTANDING
 ANY PROVISION OF SECTION TWO THOUSAND FIVE HUNDRED FOUR OF THE INSURANCE
 LAW TO THE CONTRARY; AND
   F. IN ADDITION TO THE BENEFITS OF SUCH PROGRAM AND NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW, TO PROVIDE MENTEE BUSINESSES  TECHNICAL  ASSIST-
 ANCE  IN  OBTAINING  BID,  PAYMENT AND PERFORMANCE BONDING FOR CONTRACTS

 S. 6418--A                          3
 
 THAT ARE NOT MENTORING PROGRAM CONTRACTS, FOR WHICH THE  BUSINESSES  ARE
 OTHERWISE QUALIFIED.
   3.  IF THE TOTAL NUMBER OF QUALIFIED MENTEE BUSINESSES THAT RESPOND TO
 A COMPETITION AND ARE CONSIDERED CAPABLE OF MEETING  THE  SPECIFICATIONS
 AND  TERMS  OF  THE  INVITATION  TO  COMPETE IS LESS THAN TWO, OR IF THE
 DEPARTMENT OF DESIGN AND CONSTRUCTION DETERMINES THAT ACCEPTANCE OF  THE
 BEST  OFFER  WILL  RESULT  IN  THE PAYMENT OF AN UNREASONABLE PRICE, THE
 DEPARTMENT OF DESIGN AND CONSTRUCTION SHALL REJECT ALL OFFERS AND  WITH-
 DRAW THE DESIGNATION OF THE CONTRACT AS A MENTORING PROGRAM CONTRACT. IF
 THE  DEPARTMENT  OF DESIGN AND CONSTRUCTION WITHDRAWS THE DESIGNATION OF
 THE CONTRACT AS A MENTORING PROGRAM CONTRACT, THE MENTEE BUSINESSES,  IF
 ANY, THAT MADE OFFERS SHALL BE NOTIFIED.
   4. A MENTOR SHALL PROVIDE SERVICES AND ASSISTANCE TO A MENTEE BUSINESS
 AS  DESIGNATED  BY  THE DEPARTMENT OF DESIGN AND CONSTRUCTION, WHICH MAY
 INCLUDE THE FOLLOWING:
   A. PROVIDE BUSINESS TRAINING IN THE  SKILLS  NECESSARY  TO  OPERATE  A
 SUCCESSFUL BUSINESS AND TO COMPETE FOR AND PERFORM A CONTRACT;
   B.  PROVIDE  TECHNICAL ASSISTANCE TO THE MENTEE BUSINESS TO ASSESS THE
 OUTCOME IF THE MENTEE  BUSINESS  COMPETES  FOR  BUT  IS  NOT  AWARDED  A
 CONTRACT;
   C.  IF  THE  MENTORING PROGRAM CONTRACT IS AWARDED TO THE MENTEE BUSI-
 NESS, PROVIDE GUIDANCE, ADVICE AND TECHNICAL ASSISTANCE  TO  THE  MENTEE
 BUSINESS IN THE PERFORMANCE OF THE CONTRACT; AND
   D. PROVIDE OTHER TECHNICAL ASSISTANCE TO THE MENTEE BUSINESS TO FACIL-
 ITATE LEARNING, TRAINING AND OTHER ISSUES WHICH MAY ARISE.
   5. AS USED IN THIS SECTION:
   A.  "SMALL BUSINESS" MEANS A BUSINESS WHICH (1) IS INDEPENDENTLY OWNED
 AND OPERATED; AND (2) HAS ANNUAL REVENUES NOT EXCEEDING A FISCAL LIMITA-
 TION OF FIVE MILLION DOLLARS OR SUCH LESSER AMOUNT AS ESTABLISHED BY THE
 DEPARTMENT OF DESIGN AND CONSTRUCTION PURSUANT TO THIS SECTION.
   B. "MENTORING PROGRAM CONTRACT" MEANS A  CONTRACT  DESIGNATED  BY  THE
 DEPARTMENT  OF  DESIGN  AND  CONSTRUCTION, IN AN ESTIMATED AMOUNT OF NOT
 MORE THAN ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FOR CONTRACTS  UNDER
 SUBPARAGRAPH  ONE  OF  PARAGRAPH C OF THIS SUBDIVISION AND THREE MILLION
 DOLLARS FOR CONTRACTS UNDER SUBPARAGRAPH  TWO  OF  SUCH  PARAGRAPH,  FOR
 WHICH  BIDS  OR PROPOSALS ARE TO BE INVITED AND ACCEPTED ONLY FROM BUSI-
 NESSES THAT ARE ENROLLED IN A MENTORING PROGRAM AND HAVE  BEEN  SELECTED
 BY  THE  DEPARTMENT  OF  DESIGN  AND  CONSTRUCTION  TO  COMPETE  FOR THE
 CONTRACT.
   C. "MENTORING PROGRAM" IS  A  PROGRAM  ESTABLISHED  PURSUANT  TO  THIS
 SECTION TO PROVIDE MENTEE BUSINESSES WITH THE OPPORTUNITY:
   (1)  FOR  UP  TO  FOUR  YEARS,  TO  COMPETE FOR AND, WHERE AWARDED, TO
 PERFORM CERTAIN CONTRACTS DESIGNATED  FOR  INCLUSION  IN  THE  MENTORING
 PROGRAM,  WITH  THE  ASSISTANCE  OF A COMPETITIVELY SELECTED MENTOR FIRM
 THAT HAS EXTENSIVE MANAGEMENT AND MENTORING EXPERIENCE, WITH THE  MENTOR
 PROVIDING  THE  MENTEE  BUSINESS WITH ADVICE AND ASSISTANCE IN COMPETING
 FOR AND MANAGING CONTRACTS; AND
   (2)  FOR  A  MENTEE  BUSINESS  THAT  THE  DEPARTMENT  OF  DESIGN   AND
 CONSTRUCTION HAS DETERMINED HAS SUCCESSFULLY COMPLETED THE PROGRAM UNDER
 SUBPARAGRAPH ONE OF THIS PARAGRAPH, FOR UP TO FOUR ADDITIONAL YEARS, (A)
 ADDITIONAL  OPPORTUNITIES  TO COMPETE WITH OTHER DESIGNATED MENTEE BUSI-
 NESSES IN THE PROGRAM FOR CERTAIN CONTRACTS TO BE DESIGNATED FOR  INCLU-
 SION  UNDER  THIS  SUBPARAGRAPH  AND,  WHERE  AWARDED,  TO  PERFORM SUCH
 CONTRACTS, WITH THE  FURTHER  ASSISTANCE  OF  A  COMPETITIVELY  SELECTED
 MENTOR FIRM THAT HAS EXTENSIVE MANAGEMENT AND MENTORING EXPERIENCE, WITH
 THE  MENTOR PROVIDING THE MENTEE WITH ADVICE AND TECHNICAL ASSISTANCE IN

 S. 6418--A                          4
 
 COMPETING FOR AND MANAGING CONTRACTS, AND (B) ASSISTANCE, AS  DETERMINED
 BY THE DEPARTMENT OF DESIGN AND CONSTRUCTION, FOR SUCH A MENTEE BUSINESS
 TO  OBTAIN BONDING FOR CONTRACTS THAT ARE COMPETITIVELY AWARDED PURSUANT
 TO ANY OTHER PROVISION OF LAW.
   6. COMMENCING ON OCTOBER FIRST, TWO THOUSAND TWENTY, THE DEPARTMENT OF
 DESIGN  AND  CONSTRUCTION  SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR
 AND THE LEGISLATURE THAT CONTAINS  THE  FOLLOWING  INFORMATION  FOR  THE
 PRECEDING CITY FISCAL YEAR:
   A.  THE  TOTAL  NUMBER  AND  TOTAL  DOLLAR  VALUE OF MENTORING PROGRAM
 CONTRACTS; AND
   B. MENTORING PROGRAM PARTICIPATION RATES.
   § 5. Paragraph (a) of subdivision 36 of section 2590-h of  the  educa-
 tion  law,  as amended by chapter 345 of the laws of 2009, is amended to
 read as follows:
   (a) Such policy shall specifically include:
   (i) a competitive sealed bidding process for the awarding of contracts
 in which sealed bids are  publicly  solicited  and  opened  and  that  a
 contract is awarded to the lowest responsive, responsible bidder;
   (ii)  processes  for  awarding contracts using alternatives to compet-
 itive sealed bidding where competitive sealed bidding is not practicable
 or not advantageous, in which  case  the  most  competitive  alternative
 method  of  procurement,  which  is appropriate under the circumstances,
 shall be used consistent with the requirements of subparagraph (vii)  of
 this paragraph;
   (iii)  measures  to  enhance  the  ability of minority and women owned
 business enterprises PURSUANT TO SECTION THIRTEEN HUNDRED  FOUR  OF  THE
 NEW  YORK  CITY  CHARTER  AND A CERTIFIED BUSINESS AS DEFINED IN SECTION
 THREE HUNDRED TEN OF THE EXECUTIVE LAW, INCLUDING FIRMS CERTIFIED PURSU-
 ANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW  AND  FIRMS  CERTIFIED  AS
 MINORITY  AND WOMEN OWNED BUSINESS ENTERPRISES PURSUANT TO SECTION THIR-
 TEEN HUNDRED FOUR OF THE NEW YORK CITY CHARTER, to compete for contracts
 and to ensure their meaningful participation in the procurement process.
 THE SCHOOL DISTRICT SHALL HAVE THE AUTHORITY TO USE THE  SAME  MEASURES,
 TO ENHANCE MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION AS
 ARE  AVAILABLE TO THE CITY OF NEW YORK PURSUANT TO ARTICLE FIVE-A OF THE
 GENERAL MUNICIPAL LAW, SECTION THIRTEEN HUNDRED FOUR  OF  THE  NEW  YORK
 CITY  CHARTER,  PARAGRAPHS ONE AND TWO OF SUBDIVISION I OF SECTION THREE
 HUNDRED ELEVEN OF THE NEW YORK CITY CHARTER, AND SECTION  6-129  OF  THE
 ADMINISTRATIVE CODE OF THE CITY OF NEW YORK;
   (iv)  the  manner  for  administering  contracts  and  overseeing  the
 performance of contracts and contractors;
   (v) standards and procedures to be used in determining whether bidders
 are responsible;
   (vi) circumstances  under  which  procurement  may  be  used  for  the
 provision of technical, consultant or personal services;
   (vii)  requiring  written  justification  for the basis, including the
 efficiency, benefit,  and  necessity,  for  awarding  a  contract  using
 procurement  methods  other  than  competitive  sealed bidding including
 competitive sealed proposals and sole source contracts, and for awarding
 technical, consultant, or personal services contracts, franchises, revo-
 cable consents, or concessions.  Such  written  justification  shall  be
 filed with the comptroller of the city of New York along with the corre-
 sponding contract, franchise, revocable consent, or concession;
   (viii)  maintaining  a  file  for  every contract franchise, revocable
 consent, and concession containing information pertaining to the  solic-
 itation, award and management of every such contract or agreement.  Such

 S. 6418--A                          5
 
 file  shall  contain  copies  of  each  determination, writing or filing
 required by this subdivision and shall be open to public inspection with
 adequate protection for information which is confidential;
   (ix)  a process for the filing of all contracts, franchises, revocable
 consents, and concessions with the comptroller of the city of New York;
   (x) a process for emergency procurement in the case of  an  unforeseen
 danger  to  life,  safety, property or a necessary service provided that
 such procurement shall be made with such competition as  is  practicable
 under  the  circumstances  and that a written determination of the basis
 for the emergency procurement shall be required and filed with the comp-
 troller of the city of New York when such emergency  contract  is  filed
 with such comptroller; and
   (xi)  procedures  for  the  fair  and equitable resolution of contract
 disputes.
   § 6. Paragraph b of subdivision  2  of  section  1743  of  the  public
 authorities law, as added by chapter 562 of the laws of 1990, is amended
 to read as follows:
   b.  The  authority shall establish and implement reasonable procedures
 to secure the meaningful participation of minority and women owned busi-
 ness enterprises in its procurement process. IN ADDITION  TO  PROCEDURES
 IT  HAS ALREADY ADOPTED FOR SUCH PURPOSE, THE AUTHORITY MAY USE THE SAME
 MEASURES, TO  ENHANCE  MINORITY  AND  WOMEN  OWNED  BUSINESS  ENTERPRISE
 PARTICIPATION,  AS  ARE  AVAILABLE  TO  THE CITY OF NEW YORK PURSUANT TO
 ARTICLE FIVE-A OF THE GENERAL MUNICIPAL LAW,  SECTION  THIRTEEN  HUNDRED
 FOUR OF THE NEW YORK CITY CHARTER, PARAGRAPHS ONE AND TWO OF SUBDIVISION
 I  OF  SECTION  THREE  HUNDRED  ELEVEN OF THE NEW YORK CITY CHARTER, AND
 SECTION 6-129 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
   § 7. This act shall take effect immediately and  shall  apply  to  any
 contract  entered  into,  renewed,  modified or amended on or after such
 date; provided that the amendments to paragraph (a) of subdivision 36 of
 section 2590-h of the education law made by section  five  of  this  act
 shall not affect the expiration and reversion of such subdivision pursu-
 ant  to  section  34  of  chapter 91 of the laws of 2002, as amended and
 shall be deemed to expire therewith.

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