NY State Senate Bill 2021-S9314A

Senate Bill S9314A

2021-2022 Legislative Session

Relates to requiring qualification-based criteria for awarding certain contracts for services

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Archive: Last Bill Status - In Senate Committee Cities 1 Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2022	print number 9314a
May 20, 2022	amend and recommit to cities 1
May 13, 2022	referred to cities 1

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S9314 - Details

See Assembly Version of this Bill:: A10467
Current Committee:: Senate Cities 1
Law Section:: New York City
Laws Affected:: Amd §§2 & 4, Chap 749 of 2019
Versions Introduced in 2023-2024 Legislative Session:: S1761, A864

2021-S9314 - Summary

Requires qualification-based criteria for awarding certain contracts for services to an entity that submits a statement of qualifications in response to a request for qualifications when an authorized entity utilizes a one-step method.

2021-S9314 - Sponsor Memo

                                 
BILL NUMBER: S9314

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend chapter 749 of the laws of 2019 authorizing, for certain public
works undertaken pursuant to project labor agreements, use of the alter-
native delivery method known as design-build contracts, in relation to
requiring qualification-based criteria for awarding certain contracts
for services.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 2 of chapter 749 of laws of 2019 by adding a

new subdivision (f) to cite "Qualifications-based" shall mean the basis
for Awarding a contract for services to an entity that submits a state-
ment of qualifications in response to a request for qualifications when
an authorized entity utilizes a one-step method.

Section 2 amends section 4 of chapter 749 of the laws of 2019 to add
"one or" to what previously only included two step method" for an
authorized entity entering into a one or two step method for design-
build contracts. Additionally, if the authorized entity is utilizing a
one-step selection, Such selection shall be made on qualifications-based
criteria set forth in the request for qualifications and an award shall
be made to the best-qualified contractor. The parties may enter into one
contract with two phases or a separate contract for each of the two
phases of work.,

Section 3 is an immediate effective date, 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.

 
JUSTIFICATION:

Enacted as part the 2011 budget, the New York Infrastructure Investment
Act allowed certain State agencies and authorities and other named
authorized entities to use one or two-step design-build procurements.
The law has been amended and expanded in subsequent budgets. A separate
State law (Chapter 749 of 2019) allows certain New York City entities
the ability to use a two-step design-build procurement, however, it does
not explicitly authorize a one step process. This bill's aim is to
create parity between NYS and NYC design-build processes and enable city
contractors to engage in one-step or progressive design build contracts
in line with the rest of NYS.

 
PRIOR LEGISLATIVE HISTORY:



This bill extends chapter 749 of:the laws of 2019 to include a one step
method for the design build process implementing progressive design
build for the City of New York. This i$'a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; Provided, however, that the
amendments to chapter /49 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.

2021-S9314 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9314
 
                             I N  S E N A T E
 
                               May 13, 2022
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 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 OR two-step meth-
 od, as follows:
   (1) Step one. Generation of 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15884-01-2
 S. 9314                             2
 
 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 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. 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 enter-
 prises 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-qualifica-
 tion guidelines or requirements  otherwise  authorized  by  law  for  an
 authorized  entity.  IF  THE  AUTHORIZED  ENTITY IS UTILIZING A ONE-STEP
 SELECTION, SUCH SELECTION SHALL BE MADE ON A QUALIFICATIONS-BASED CRITE-
 RIA SET FORTH IN THE REQUEST FOR QUALIFICATIONS AND AN  AWARD  SHALL  BE
 MADE  TO  THE  BEST QUALIFIED CONTRACTOR. THE PARTIES MAY ENTER INTO ONE
 CONTRACT WITH TWO PHASES OR A SEPARATE CONTRACT  FOR  EACH  OF  THE  TWO
 PHASES OF WORK.
   (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,
 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. 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,  as  deter-
 S. 9314                             3
 
 mined  by the authorized entity. The request for proposals 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 material designated as confi-
 dential 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  submitted shall be scored according to the criteria listed in
 the request for proposals 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.

co-Sponsors

2021-S9314A (ACTIVE) - Details

See Assembly Version of this Bill:: A10467
Current Committee:: Senate Cities 1
Law Section:: New York City
Laws Affected:: Amd §§2 & 4, Chap 749 of 2019
Versions Introduced in 2023-2024 Legislative Session:: S1761, A864

2021-S9314A (ACTIVE) - Summary

2021-S9314A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9314A

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend chapter 749 of the laws of 2019 authorizing, for certain public
works undertaken pursuant to project labor agreements, use of the alter-
native delivery method known as design-build contracts, in relation to
requiring qualification-based criteria for awarding certain contracts
for services.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 2 of chapter 749 of laws of 2019 by adding a

new subdivision (f) to cite "Qualifications-based" shall mean the basis
for Awarding a contract for services to an entity that submits a state-
ment of qualifications in response to a request for qualifications when
an authorized entity utilizes a one-step method.

Section 2 amends section 4 of chapter 749 of the laws of 2019 to add
"one or" to what previously only included two step method" for an
authorized entity entering into a one or two step method for design-
build contracts. Additionally, if the authorized entity is utilizing a
one-step selection, Such selection shall he made on qualifications-based
criteria set forth in the request for qualifications and an award shall
be made to the best-qualified contractor. The parties may enter into one
contract with two phases or a separate contract for each of he two phas-
es of work.,

Section 3 is an immediate effective date, provided, however, that the
amendments to chapter 749 of the laws of 209 made by sections one and
two of this act shall not affect the repeal of such chapter and shall be
deemed repealed therewith.

 
JUSTIFICATION:

Enacted as part the 2011 budget, the New York Infrastructure Investment
Act allowed certain State agencies and authorities and other named
authorized entities to use one or two-step design-build procurements.

The law has been amended and expanded in subsequent budgets. A separate
State law (Chapter 749 of 2019) allows certain New York City entities
the ability to use a two-step design-build procurement, however, it does
not explicitly authorize a one step process. This bLl's aim is to create
parity between NYS and NYC design-build processes and enable city
contractors to engage in one-step or progressive design build contracts
in line with the rest of NYS.

 
PRIOR LEGISLATIVE HISTORY:


This bill extends chapter 749 of: the laws of 2019 to include a one step
method for the design build process implementing progressive design
build for the City of New York. This is a new bill.

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect immediately;-vided, however, that the amend-
ments to chapter /49 of the laws of .19 made by sections one and two of
this act shall not affect the repea of such:chapter and shall be deemed
repealed therewith.

2021-S9314A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9314--A
 
                             I N  S E N A T E
 
                               May 13, 2022
                                ___________
 
 Introduced by Sens. COMRIE, SEPULVEDA -- read twice and ordered printed,
   and  when  printed  to  be  committed  to the Committee on Cities 1 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15884-02-2
 S. 9314--A                          2
 
 based upon the authorized entity's review of  responses  to  a  publicly
 advertised  request  for qualifications. The authorized entity's request
 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
 S. 9314--A                          3
 
 solution,  the  qualifications and experience of the proposer, and other
 factors deemed pertinent by the authorized entity,  which  may  include,
 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.

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Senate Bill S9314A

Share this bill

Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Senate Committee Cities 1 Committee

Bill Amendments

co-Sponsors

Luis R. Sepúlveda

2021-S9314 - Details

2021-S9314 - Summary

2021-S9314 - Sponsor Memo

2021-S9314 - Bill Text download pdf

co-Sponsors

Luis R. Sepúlveda

2021-S9314A (ACTIVE) - Details

2021-S9314A (ACTIVE) - Summary

2021-S9314A (ACTIVE) - Sponsor Memo

2021-S9314A (ACTIVE) - Bill Text download pdf

Comments