S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10279
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
   read once and referred to the Committee on  Corporations,  Authorities
   and Commissions
 
 AN  ACT  to amend the public authorities law, in relation to authorizing
   the dormitory authority to utilize a prequalification list when  seek-
   ing to bid or enter into a contract for public work

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1678 of the public authorities law  is  amended  by
 adding a new subdivision 33 to read as follows:
   33.  (A)  NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY,
 WHEN AWARDING A CONTRACT FOR PUBLIC WORK, THE  AUTHORITY  MAY  ESTABLISH
 GUIDELINES  GOVERNING  THE  QUALIFICATIONS  OF BIDDERS SEEKING TO BID OR
 ENTER INTO SUCH CONTRACTS. IF THE  AUTHORITY  MAINTAINS  AN  APPROPRIATE
 LIST  OF QUALIFIED BIDDERS, THE BIDDING SHALL BE RESTRICTED TO THOSE WHO
 HAVE QUALIFIED PRIOR TO THE RECEIPT OF BIDS ACCORDING TO STANDARDS FIXED
 BY THE AUTHORITY. IN DETERMINING WHETHER A PROSPECTIVE BIDDER  QUALIFIES
 FOR  INCLUSION  ON  A  LIST OF PREQUALIFIED BIDDERS, THE AUTHORITY SHALL
 CONSIDER THE EXPERIENCE AND RECORD OF  PERFORMANCE  OF  THE  PROSPECTIVE
 BIDDER  IN  THE PARTICULAR TYPE OF WORK, AS WELL AS: (I) THE PROSPECTIVE
 BIDDER'S ABILITY TO UNDERTAKE THE  PARTICULAR  TYPE  AND  COMPLEXITY  OF
 WORK;  (II)  THE FINANCIAL CAPABILITY, RESPONSIBILITY AND RELIABILITY OF
 THE PROSPECTIVE BIDDER FOR SUCH TYPE AND COMPLEXITY OF WORK;  (III)  THE
 RECORD OF THE PROSPECTIVE BIDDER IN COMPLYING WITH EXISTING LABOR STAND-
 ARDS  AND  MAINTAINING  HARMONIOUS LABOR RELATIONS; (IV) THE PROSPECTIVE
 BIDDER'S COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY  REQUIREMENTS  AND
 ANTI-DISCRIMINATION  LAWS,  AND  DEMONSTRATED COMMITMENT TO WORKING WITH
 MINORITY AND WOMEN-OWNED BUSINESSES THROUGH JOINT  VENTURES  OR  SUBCON-
 TRACTOR  RELATIONSHIPS;  AND (V) THE RECORD OF THE PROSPECTIVE BIDDER IN
 PROTECTING THE HEALTH AND SAFETY OF WORKERS ON PUBLIC WORKS PROJECTS AND
 JOB SITES AS DEMONSTRATED BY THE PROSPECTIVE BIDDER'S EXPERIENCE MODIFI-
 CATION RATE FOR EACH OF THE LAST THREE YEARS.
   (B) THE AUTHORITY SHALL, NOT LESS THAN ANNUALLY, PUBLISH IN A  NEWSPA-
 PER OF GENERAL CIRCULATION OR POST IN THE NEW YORK STATE CONTRACT REPOR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15675-01-2
 A. 10279                            2

 TER AN ADVERTISEMENT REQUESTING PROSPECTIVE BIDDERS TO SUBMIT QUALIFICA-
 TION  STATEMENTS.  LISTS OF PREQUALIFIED BIDDERS MAY BE ESTABLISHED ON A
 PROJECT-SPECIFIC BASIS. PREQUALIFIED LISTS  SHALL  INCLUDE  ALL  BIDDERS
 THAT  QUALIFY;  PROVIDED, HOWEVER, THAT ANY SUCH LIST SHALL HAVE NO LESS
 THAN FIVE BIDDERS BUT SHALL REMAIN OPEN  FOR  ALL  ADDITIONAL  QUALIFIED
 BIDDERS.  THE  AUTHORITY'S  PROCEDURES  FOR  PREQUALIFYING BIDDERS SHALL
 INCLUDE AN APPEALS PROCESS FOR THOSE DENIED A PLACE  ON  A  PREQUALIFIED
 LIST.  ANY  DENIAL  MUST  BE  BASED UPON SUBSTANTIAL EVIDENCE, CANNOT BE
 ARBITRARY OR CAPACIOUS, AND SHALL BE SUBJECT TO JUDICIAL REVIEW PURSUANT
 TO ARTICLE SEVENTY-EIGHT OF THE CIVIL  PRACTICE  LAW  AND  RULES.    THE
 AUTHORITY MAY MOVE FORWARD ON THE CONTRACT AWARD DURING SUCH APPEALS.
   § 2. This act shall take effect immediately.