A06275 Summary:

BILL NOA06275
 
SAME ASNo Same As
 
SPONSORSimone
 
COSPNSRGibbs, Taylor
 
MLTSPNSR
 
Amd §§2 & 4, Chap 749 of 2019
 
Requires qualification-based criteria for awarding certain contracts for services.
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A06275 Actions:

BILL NOA06275
 
03/03/2025referred to cities
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A06275 Committee Votes:

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A06275 Floor Votes:

There are no votes for this bill in this legislative session.
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A06275 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6275
 
SPONSOR: Simone
  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 allow New York City to use qualification-based criteria for awarding certain contracts for services for the delivery method design-build contracts.   SUMMARY OF PROVISIONS:• Section 1. Amends section 2 of chapter 749 of the laws of 2019 to add a new subdivision (f) that an entity submitting a contract must submit a statement of qualifications when an authorized entity utilizes a one- step method. Section 2. Establishes the process by which a design-build contract is selected whether through a one-step or two-step method. Section 3. Sets the effective date of such provisions.   JUSTIFICATION: New York City spends an excess of $10 billion every year on capital projects. These projects are limited by a single approach known as design-bid-build (DBE). Instituting design-build contracts which require qualification-based criteria for awarding certain contracts for services would mean that the city can select the vendor that it wants before the full scope of the project has been established. This enables more collaboration in the earlier stages of the project which allows for more time to examine any engineering or construction challenges. Progressive Design-build has been implemented nationwide on public projects including in New York State by the Department of Transportation and other state agencies. Infrastructure projects that are more complex are better suited for progressive design build as they often are of a large complex scale with many unknowns. Progressive design builds help to organize the project into manageable phases that streamline the project and increase transparency. City agencies believe that this will lead to at least a 10% reduction in cost and project time as well as significant risk mitigation and alleviation of change orders.   PRIOR LEGISLATIVE HISTORY: 07/06/2022 Referred to cities 02/08/2024 Referred to cities   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately; provided however that the amend- ments 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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A06275 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6275
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 3, 2025
                                       ___________
 
        Introduced  by  M. of A. SIMONE, GIBBS, TAYLOR -- 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:
 
     1    Section  1. Section 2 of chapter 749 of the laws of 2019, authorizing,
     2  for certain public works undertaken pursuant  to  project  labor  agree-
     3  ments,  use  of  the  alternative  delivery method known as design-build
     4  contracts, is amended by  adding  a  new  subdivision  (f)  to  read  as
     5  follows:
     6    (f)  "Qualifications-based"  shall  mean  the  basis  for  awarding  a
     7  contract for services to an entity that submits a  statement  of  quali-
     8  fications in response to a request for qualifications when an authorized
     9  entity utilizes a one-step method.
    10    §  2.  The  opening  paragraph  and  paragraph 1 of subdivision (a) of
    11  section 4 of chapter 749 of the laws of 2019, authorizing,  for  certain
    12  public works undertaken pursuant to project labor agreements, use of the
    13  alternative delivery method known as design-build contracts, are amended
    14  to read as follows:
    15    A  contractor  selected  by  such an authorized entity to enter into a
    16  design-build contract shall be selected through a one-step  or  two-step
    17  method, as follows:
    18    (1)  Step  one.  Generation of a list of responding entities that have
    19  demonstrated  the  general  capability  to  perform   the   design-build
    20  contract.  Such  list  shall consist of a specified number of responding
    21  entities, as determined by an authorized entity, and shall be  generated
    22  based  upon  the  authorized  entity's review of responses to a publicly

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04021-01-5

        A. 6275                             2
 
     1  advertised request for qualifications. The authorized  entity's  request
     2  for  qualifications  shall  include  a general description of the public
     3  work, the maximum number of responding entities to be  included  on  the
     4  list,  the selection criteria to be used and the relative weight of each
     5  criteria in generating the list.  Such selection criteria shall  include
     6  the  qualifications  and experience of the design and construction team,
     7  organization, demonstrated responsibility, ability of the team or  of  a
     8  member  or  members  of the team to comply with applicable requirements,
     9  including the provisions of articles 145, 147 and 148 of  the  education
    10  law, past record of compliance with the labor law, and such other quali-
    11  fications the authorized entity deems appropriate, which may include but
    12  are  not  limited  to  project  understanding,  financial capability and
    13  record of past performance. The authorized  entity  shall  evaluate  and
    14  rate  all  responding entities to the request for qualifications.  Based
    15  upon such ratings, the authorized entity shall list the responding enti-
    16  ties that shall receive a request for proposals in accordance with para-
    17  graph two of this subdivision. To the extent consistent with  applicable
    18  federal  law,  the  authorized  entity shall consider, when awarding any
    19  contract pursuant to this section, the participation of  (i)  responding
    20  entities  that are certified as minority- or women-owned business enter-
    21  prises pursuant to article 15-A  of  the  executive  law,  or  certified
    22  pursuant  to local law as minority- or women-owned business enterprises,
    23  or, where the New York city school construction authority  acts  as  the
    24  authorized  entity,  certified  pursuant  to  section 1743 of the public
    25  authorities law; and (ii) small business concerns identified pursuant to
    26  subdivision (b) of section 139-g of the state finance law. In  addition,
    27  nothing  in this section shall be deemed to supersede any pre-qualifica-
    28  tion guidelines or requirements  otherwise  authorized  by  law  for  an
    29  authorized  entity.    If  the authorized entity is utilizing a one-step
    30  selection, such selection shall be made on criteria  set  forth  in  the
    31  request for qualifications and award shall be made to the best-qualified
    32  contractor. The parties may enter into one contract with two phases or a
    33  separate contract for each of the two phases of work.
    34    §  3.  This  act shall take effect immediately; provided, however that
    35  the amendments to chapter 749 of the laws of 2019 made by  sections  one
    36  and  two  of  this  act  shall not affect the repeal of such chapter and
    37  shall be deemed repealed therewith.
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