S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7383--A
     Cal. No. 308
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2023
                                ___________
 
 Introduced  by Sens. SEPULVEDA, PARKER -- (at request of the NYC Mayor's
   Office of Contract Services) -- read twice and  ordered  printed,  and
   when printed to be committed to the Committee on Cities 1 -- recommit-
   ted  to  the  Committee  on Cities 1 in accordance with Senate Rule 6,
   sec. 8 -- reported favorably from said committee, ordered to first and
   second report, ordered to a third reading, passed by Senate and deliv-
   ered to the Assembly, recalled, vote reconsidered, restored  to  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 AN ACT to amend the New York city charter, in relation to public  notice
   and  comment  for  certain  contracts; and providing for the repeal of
   such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  326  of the New York city charter, as amended by
 local law number 19 of the city of  New  York  for  the  year  2004,  is
 amended to read as follows:
   §  326.  Public  [hearings]  NOTICE AND COMMENT on contract awards. a.
 Prior to entering into any contract for goods, services or  construction
 to  be  awarded  by other than competitive sealed bidding or competitive
 sealed bids from prequalified vendors, the value of  which  exceeds  one
 hundred thousand dollars, the agency shall [upon reasonable public] GIVE
 notice  [conduct  a  public  hearing  to receive testimony regarding the
 proposed contract. Notwithstanding the preceding sentence, if  within  a
 period  of  time after such notice, which period of time shall be deter-
 mined by the procurement policy board, no individual requests an  oppor-
 tunity  to  speak  at  such  a  public  hearing with respect to any such
 proposed contract the  value  of  which  does  not  exceed  one  million
 dollars,  then  such  public  hearing need not be conducted] IN THE CITY
 RECORD THAT COMMENTS ON THE PROPOSED CONTRACT MAY  BE  SUBMITTED  ONLINE
 FOR  A  PERIOD  OF  TIME  OF NOT LESS THAN SEVEN DAYS, DETERMINED BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11214-05-4
 S. 7383--A                          2
 
 PROCUREMENT POLICY BOARD BY RULE, PROVIDED  THAT  SUCH  PERIOD  OF  TIME
 SHALL  COMMENCE  NO  EARLIER  THAN  THE  DATE  SUCH NOTICE IS GIVEN.   A
 DESCRIPTION OF THE SCOPE OF WORK AND KEY TERMS OF THE CONTRACT SHALL  BE
 INCLUDED  IN SUCH NOTICE WHICH SHALL AT MINIMUM INCLUDE:  (I) THE AGENCY
 NAME, (II) THE PROCUREMENT IDENTIFICATION  NUMBER(PIN),  (III)  A  BRIEF
 DESCRIPTION  OF THE GOODS, SERVICES, OR CONSTRUCTION TO BE PROCURED, AND
 METHOD OF SOURCE SELECTION, (IV) THE NAME AND ADDRESS  OF  THE  PROPOSED
 VENDOR  AND  LOCATION OF THE PROPOSED PROGRAM, PROJECT, OR WORKSITE, AND
 (V) THE DOLLAR AMOUNT OF THE PROPOSED CONTRACT. The  procurement  policy
 board  may  by rule exempt from this public [hearing] NOTICE AND COMMENT
 requirement contracts to be let which do not differ materially in  terms
 and  conditions,  as defined by the board, from contracts currently held
 by the city where the parties to such contracts are the same;  provided,
 that  under  no circumstance may such exemption apply to any contract in
 value exceeding ten million dollars.
   b. The requirements of this section shall not apply to any procurement
 (i) let pursuant to a  finding  of  an  emergency  under  section  three
 hundred fifteen, (ii) required to be made on an accelerated basis due to
 markets  which experience significant, short-term price fluctuations, as
 identified by rule of the board, or (iii)  where  [a]  public  [hearing]
 NOTICE  PURSUANT  TO  THIS SECTION would disclose litigation strategy or
 otherwise impair the conduct of litigation by the city.
   § 2. No later than September 30, 2025, and no later than September  30
 of  each year thereafter, the mayor's office of contract services of the
 city of New York shall submit to the governor, the  temporary  president
 of the senate, the speaker of the assembly, the mayor of the city of New
 York,  and  the comptroller of the city of New York a report relating to
 public notice and comment on contracts of the city of New York  pursuant
 to  section 326 of the New York city charter. Such report shall include,
 but need not be limited to, the number of  contracts  for  which  public
 notice  and  comment  was  provided  pursuant to such section during the
 previous fiscal year, the dollar value of any such contract, and whether
 the threshold established pursuant to such section was  modified  during
 the previous fiscal year and if so, the value of the threshold following
 such modification.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall expire and be deemed repealed Octo-
 ber 1, 2030. Effective immediately, the affected agencies of the city of
 New  York,  including  but not limited to, the procurement policy board,
 may take any actions necessary to effectuate the provisions of this  act
 prior to its effective date.