Int. No. 521-A

By Council Members Jackson, Brewer, Clarke, Comrie, Foster, Gerson, Monserrate, Nelson, Stewart, Addabbo Jr., Liu, Lopez, Yassky, Martinez, Seabrook and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the New York City Charter, in relation to procurement.

Be it enacted by the Council as follows:

                     Section 1.  Paragraph 1 of subdivision a of section 312 of the New York city charter, as added by local law number 35 of the year 1994, is amended to read as follows:

                     § 312.  Procurement; general rule and exceptions.  a.  Prior to entering into or renewing a contract valued at more than one hundred thousand dollars to provide technical, consultant, or personal services, an agency shall follow the procedure established herein.

                     1.  Prior to issuing an invitation for bids, request for proposals, or other solicitation, the agency shall determine whether such contract will directly result in the displacement of any city employee.  If the agency determines that such result would not occur, it shall include a certification to that effect, signed by the agency head, in any invitation for bids, request for proposals, or other solicitation.  If the agency determines that such result would occur, the agency shall determine the costs incurred and the benefits derived in performing the service, consistent with the scope and specifications within the solicitation, with city employees, and shall submit such analysis, with all supporting documentation, prior to the issuance of any solicitation, to the council and the Comptroller.

                     2.  Immediately upon receipt of bids and proposals, the agency shall submit such determination, analysis, and supporting documentation [to the council and] to the appropriate collective bargaining representatives representing employees who would be affected pursuant to paragraph 1 of subdivision a of this section.

§ 2.  This local law shall take effect forty-five days after adoption.