New York State Assembly

 
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A08864 Summary:

A08864 Actions:

A08864 Committee Votes:

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/06/2024AYE/NAY:35/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye
Fahy
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/06/2024AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Excused
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A08864 Floor Votes:

A08864 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A8864A
 
SPONSOR: Rajkumar

 
TITLE OF BILL:
 
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
 
 
PURPOSE OF BILL:
 
To streamline New York city procurement by modernizing requirements for
public notice and comment.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section one of this bill would amend section 326 of the New York City
Charter ("Charter") to provide that, prior to entering into any contract
for goods, services, or construction that is to be awarded pursuant to a
procurement method other than Competitive sealed bidding or competitive
sealed bids from prequalified vendors, and that has a dollar value in
excess of a threshold one hundred thousand dollars, the agency shall
give notice in the City Record that comments may be submitted online for
a period of time of no less than seven days, commencing no earlier than
the date such notice is given.  The notice in the City Record would be
required to include a description of the scope of work and key terms of
the contract, that shall at a minimum include (1) 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.

Section two of the bill would require that, no later than September 30,
2025, and annually thereafter, the New York City Mayor's Office of
Contract Services submit a report relating to public notice and comment
pursuant to section 326 of the Charter to specified elected officials.
The report would be required to include the number of contracts for
which public notice and comment was provided pursuant to such section
326 during the previous fiscal year, the dollar value of any such
contract, and whether the threshold established pursuant to such section
326 was modified during the previous fiscal year and if so, the value of
the threshold following such modification.
 
Section three of the bill would provide that the bill takes effect 180
days after it becomes law, provided that affected City agencies, includ-
ing the PPB, may take any actions necessary to effectuate the provisions
of the act prior to such date, and provided further that section two of
the act shall expire and be deemed repealed on and after October 1,
2030.
 
 
 
 
 
 
 
 
 

A08864 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8864--A
 
                   IN ASSEMBLY
 
                                    January 18, 2024
                                       ___________
 
        Introduced  by  M. of A. RAJKUMAR, SEAWRIGHT, TAYLOR, TAPIA -- read once
          and referred to the Committee on Cities -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        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:
 
     1    Section  1.  Section  326  of the New York city charter, as amended by
     2  local law number 19 of the city of  New  York  for  the  year  2004,  is
     3  amended to read as follows:
     4    §  326.  Public  [hearings]  notice and comment on contract awards. a.
     5  Prior to entering into any contract for goods, services or  construction
     6  to  be  awarded  by other than competitive sealed bidding or competitive
     7  sealed bids from prequalified vendors, the value of  which  exceeds  one
     8  hundred thousand dollars, the agency shall [upon reasonable public] give
     9  notice  [conduct  a  public  hearing  to receive testimony regarding the
    10  proposed contract. Notwithstanding the preceding sentence, if  within  a
    11  period  of  time after such notice, which period of time shall be deter-
    12  mined by the procurement policy board, no individual requests an  oppor-
    13  tunity  to  speak  at  such  a  public  hearing with respect to any such
    14  proposed contract the  value  of  which  does  not  exceed  one  million
    15  dollars,  then  such  public  hearing need not be conducted] in the City
    16  Record that comments on the proposed contract may  be  submitted  online
    17  for  a  period  of  time  of not less than seven days, determined by the
    18  procurement policy board by rule, provided  that  such  period  of  time
    19  shall  commence  no  earlier  than  the  date  such notice is given.   A
    20  description of the scope of work and key terms of the contract shall  be
    21  included  in such notice which shall at minimum include:  (i) the agency
    22  name, (ii) the procurement identification  number(PIN),  (iii)  a  brief
    23  description  of the goods, services, or construction to be procured, and
    24  method of source selection, (iv) the name and address  of  the  proposed
    25  vendor  and  location of the proposed program, project, or worksite, and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11214-04-4
        A. 8864--A                          2

     1  (v) the dollar amount of the proposed contract. The  procurement  policy
     2  board  may  by rule exempt from this public [hearing] notice and comment
     3  requirement contracts to be let which do not differ materially in  terms
     4  and  conditions,  as defined by the board, from contracts currently held
     5  by the city where the parties to such contracts are the same;  provided,
     6  that  under  no circumstance may such exemption apply to any contract in
     7  value exceeding ten million dollars.
     8    b. The requirements of this section shall not apply to any procurement
     9  (i) let pursuant to a  finding  of  an  emergency  under  section  three
    10  hundred fifteen, (ii) required to be made on an accelerated basis due to
    11  markets  which experience significant, short-term price fluctuations, as
    12  identified by rule of the board, or (iii)  where  [a]  public  [hearing]
    13  notice  pursuant  to  this section would disclose litigation strategy or
    14  otherwise impair the conduct of litigation by the city.
    15    § 2. No later than September 30, 2025, and no later than September  30
    16  of  each year thereafter, the mayor's office of contract services of the
    17  city of New York shall submit to the governor, the  temporary  president
    18  of the senate, the speaker of the assembly, the mayor of the city of New
    19  York,  and  the comptroller of the city of New York a report relating to
    20  public notice and comment on contracts of the city of New York  pursuant
    21  to  section 326 of the New York city charter. Such report shall include,
    22  but need not be limited to, the number of  contracts  for  which  public
    23  notice  and  comment  was  provided  pursuant to such section during the
    24  previous fiscal year, the dollar value of any such contract, and whether
    25  the threshold established pursuant to such section was  modified  during
    26  the previous fiscal year and if so, the value of the threshold following
    27  such modification.
    28    § 3. This act shall take effect on the one hundred eightieth day after
    29  it shall have become a law and shall expire and be deemed repealed Octo-
    30  ber 1, 2030. Effective immediately, the affected agencies of the city of
    31  New  York,  including  but not limited to, the procurement policy board,
    32  may take any actions necessary to effectuate the provisions of this  act
    33  prior to its effective date.

A08864 LFIN:

 
NO LFIN

A08864 Chamber Video/Transcript: