S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9147
 
                           I N  A S S E M B L Y
 
                             February 8, 2024
                                ___________
 
 Introduced  by  M.  of A. SIMONE, ARDILA, TAYLOR, GIBBS -- 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.  The  opening  paragraph  and  paragraph 1 of 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, are amended
 to read as follows:
   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.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04468-01-3
 A. 9147                             2
 
 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 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 CRITERIA SET FORTH IN THE
 REQUEST FOR QUALIFICATIONS AND 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.
   § 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.