S T A T E   O F   N E W   Y O R K
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                                   10467
 
                           I N  A S S E M B L Y
 
                               May 26, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Braunstein)
   -- 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:
 
   Section 1. Section 2 of chapter 749 of the laws of 2019,  authorizing,
 for  certain  public  works  undertaken pursuant to project labor agree-
 ments, use of the alternative  delivery  method  known  as  design-build
 contracts,  is  amended  by  adding  a  new  subdivision  (f) to read as
 follows:
   (F)  "QUALIFICATIONS-BASED"  SHALL  MEAN  THE  BASIS  FOR  AWARDING  A
 CONTRACT  FOR  SERVICES  TO AN ENTITY THAT SUBMITS A STATEMENT OF QUALI-
 FICATIONS IN RESPONSE TO A REQUEST FOR QUALIFICATIONS WHEN AN AUTHORIZED
 ENTITY UTILIZES A ONE-STEP METHOD.
   § 2. Subdivision (a) of section 4 of 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, is amended to read as follows:
   (a) A contractor selected by such an authorized entity to enter into a
 design-build  contract  shall be selected through a ONE-STEP OR two-step
 method, as follows:
   (1) Step one. Generation of a list of responding  entities  that  have
 demonstrated   the   general  capability  to  perform  the  design-build
 contract. UNLESS THE AUTHORIZED ENTITY IS UTILIZING A  ONE-STEP  METHOD,
 THE  AUTHORIZED ENTITY SHALL GENERATE A LIST OF RESPONDING ENTITIES THAT
 HAVE DEMONSTRATED THE GENERAL CAPABILITY  TO  PERFORM  THE  DESIGN-BUILD
 CONTRACT.  Such  list  shall consist of a specified number of responding
 entities, as determined by an authorized entity, and shall be  generated
 based  upon  the  authorized  entity's review of responses to a publicly
 advertised request for qualifications. The authorized  entity's  request
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15884-03-2
 A. 10467                            2
 
 for  qualifications  shall  include  a general description of the public
 work, the maximum number of responding entities to be  included  on  the
 list,  the selection criteria to be used and the relative weight of each
 criteria  in generating the list.  Such selection criteria shall include
 the qualifications and experience of the design and  construction  team,
 organization,  demonstrated  responsibility, ability of the team or of a
 member or members of the team to comply  with  applicable  requirements,
 including  the  provisions of articles 145, 147 and 148 of the education
 law, past record of compliance with the labor law, and such other quali-
 fications the authorized entity deems appropriate, which may include but
 are not limited  to  project  understanding,  financial  capability  and
 record  of  past  performance.  [The]  UNLESS  THE  AUTHORIZED ENTITY IS
 UTILIZING A ONE-STEP METHOD, THE authorized entity  shall  evaluate  and
 rate  all  responding entities to the request for qualifications.  Based
 upon such ratings, the authorized entity shall list the responding enti-
 ties that shall receive a request for proposals in accordance with para-
 graph two of this subdivision. IF THE AUTHORIZED ENTITY IS  UTILIZING  A
 ONE-STEP  METHOD,  THE  AUTHORIZED  ENTITY  SHALL  EVALUATE AND RATE ALL
 STATEMENTS OF QUALIFICATION SUBMITTED IN RESPONSE  TO  THE  REQUEST  FOR
 QUALIFICATIONS  AND  SHALL  AWARD  THE DESIGN-BUILD CONTRACT TO THE BEST
 QUALIFIED CONTRACTOR. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, ANY
 AUTHORIZING ENTITY AWARDING A  DESIGN-BUILD  CONTRACT  TO  A  CONTRACTOR
 DETERMINED  TO  BE THE BEST QUALIFIED CONTRACTOR IN ACCORDANCE WITH THIS
 PARAGRAPH MAY ELECT EITHER TO ENTER INTO  A  SINGLE  CONTRACT  WITH  TWO
 PHASES  OR  SEPARATE CONTRACTS FOR EACH OF THE TWO PHASES. To the extent
 consistent with applicable federal  law,  the  authorized  entity  shall
 consider,  when  awarding  any  contract  pursuant  to this section, the
 participation of (i) responding entities that are certified as minority-
 or women-owned business enterprises pursuant  to  article  15-A  of  the
 executive  law,  or  certified  pursuant  to  local  law as minority- or
 women-owned business enterprises, or, where the  New  York  city  school
 construction authority acts as the authorized entity, certified pursuant
 to  section  1743 of the public authorities law; and (ii) small business
 concerns identified pursuant to subdivision (b) of section 139-g of  the
 state  finance law. In addition, nothing in this section shall be deemed
 to supersede any pre-qualification guidelines or requirements  otherwise
 authorized by law for an authorized entity.
   (2) Step two. Selection of the proposal which is the best value to the
 authorized  entity.    The  authorized  entity shall issue a request for
 proposals to the responding entities listed pursuant to paragraph one of
 this subdivision. If such a responding entity  consists  of  a  team  of
 separate  entities,  the  entities that comprise such a team must remain
 unchanged from the responding entity as listed pursuant to paragraph one
 of this subdivision unless otherwise approved by the authorized  entity.
 The  request  for  proposals  shall set forth the public work's scope of
 work, and other requirements, as determined by  the  authorized  entity,
 which  may  include  separate  goals  for  work under the contract to be
 performed by businesses certified as minority- or  women-owned  business
 enterprises  pursuant  to  article  15-A of the executive law or section
 1743 of the public authorities law, or certified pursuant to  local  law
 as  minority-  or  women-owned  business  enterprises.  The  request for
 proposals shall also specify the criteria to be  used  to  evaluate  the
 responses  and the relative weight of each of such criteria. Such crite-
 ria shall include the proposal's cost, the  quality  of  the  proposal's
 solution,  the  qualifications and experience of the proposer, and other
 factors deemed pertinent by the authorized entity,  which  may  include,
 A. 10467                            3
 
 but  shall  not  be  limited  to,  the proposal's manner and schedule of
 project implementation, the proposer's ability to complete the work in a
 timely and satisfactory  manner,  maintenance  costs  of  the  completed
 public work, maintenance of traffic approach, and community impact.
   (3)  Any  contract  awarded pursuant to this act shall be awarded to a
 responsive and responsible proposer, which, in  consideration  of  these
 and other specified criteria deemed pertinent, offers the best value, OR
 IN  THE  CASE  OF A CONTRACT AWARDED UTILIZING A ONE-STEP METHOD, IS THE
 BEST-QUALIFIED CONTRACTOR, as determined by  the  authorized  entity  IN
 ACCORDANCE WITH THIS SECTION.  The request for proposals, OR THE REQUEST
 FOR QUALIFICATIONS IF THE CONTRACT IS AWARDED UTILIZING A ONE-STEP METH-
 OD,  shall include a statement that proposers shall designate in writing
 those portions of the proposal  that  contain  trade  secrets  or  other
 proprietary  information that are to remain confidential; that the mate-
 rial designated as confidential shall  be  readily  separable  from  the
 proposal. Nothing in this subdivision shall be construed to prohibit the
 authorized  entity  from negotiating final contract terms and conditions
 including cost. All proposals OR RESPONSES  submitted  shall  be  scored
 according  to  the  criteria listed in the request for proposals, OR THE
 REQUEST FOR QUALIFICATIONS IF THE CONTRACT IS AWARDED UTILIZING  A  ONE-
 STEP  METHOD, and such final scores shall be published on the authorized
 entity's website after registration of such contract or  the  date  upon
 which  such contract may be implemented, if registration requirements do
 not apply.
   § 3. This act shall take effect immediately;  provided,  however  that
 the  amendments  to chapter 749 of the laws of 2019 made by sections one
 and two of this act shall not affect the  repeal  of  such  chapter  and
 shall be deemed repealed therewith.