New York City Council Header
File #: Res 1773-2009    Version: Name: Authorize political subdivisions to award public procurement contracts to participants of a minority and women owned business enterprise program at a cost premium not to exceed 10% of the lowest bid.
Type: Resolution Status: Adopted
Committee: Committee on Contracts
On agenda: 1/7/2009
Enactment date: Law number:
Title: Resolution calling upon the New York State legislature to pass and the Governor to sign A. 6807 and S. 3185 of 2009, which authorize political subdivisions to award public procurement contracts to participants of a minority and women owned business enterprise program at a cost premium not to exceed ten percent of the lowest bid.
Sponsors: Larry B. Seabrook, Charles Barron, Gale A. Brewer, Leroy G. Comrie, Jr., Inez E. Dickens, Robert Jackson, Letitia James, John C. Liu, Melissa Mark-Viverito, James Sanders, Jr., Helen Sears, Kendall Stewart, David I. Weprin, Thomas White, Jr., Bill De Blasio, Diana Reyna
Council Member Sponsors: 16
Attachments: 1. Res. No. 1773 - 1/7/09, 2. Committee Report 1/27/09, 3. Hearing Testimony 1/27/09, 4. Hearing Transcript 1/27/09, 5. Committee Report 7/28/09, 6. Hearing Transcript 7/28/09, 7. Press Release, 8. Hearing Transcript - Stated Meeting 7/29/09
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
7/29/2009ALarry B. Seabrook City Council Approved, by CouncilPass Action details Meeting details Not available
7/28/2009ALarry B. Seabrook Committee on Contracts Approved by CommitteePass Action details Meeting details Not available
7/28/2009*Larry B. Seabrook Committee on Contracts Amended by Committee  Action details Meeting details Not available
7/28/2009*Larry B. Seabrook Committee on Contracts Amendment Proposed by Comm  Action details Meeting details Not available
7/28/2009*Larry B. Seabrook Committee on Contracts Hearing Held by Committee  Action details Meeting details Not available
1/27/2009*Larry B. Seabrook Committee on Contracts Laid Over by Committee  Action details Meeting details Not available
1/27/2009*Larry B. Seabrook Committee on Contracts Hearing Held by Committee  Action details Meeting details Not available
1/7/2009*Larry B. Seabrook City Council Referred to Comm by Council  Action details Meeting details Not available
1/7/2009*Larry B. Seabrook City Council Introduced by Council  Action details Meeting details Not available

Res. No. 1773-A

 

Resolution calling upon the New York State legislature to pass and the Governor to sign A. 6807 and S. 3185 of 2009, which authorize political subdivisions to award public procurement contracts to participants of a minority and women owned business enterprise program at a cost premium not to exceed ten percent of the lowest bid.

 

By Council Members Seabrook, Barron, Brewer, Comrie, Dickens, Jackson, James, Liu, Mark-Viverito, Sanders Jr., Sears, Stewart, Weprin, White Jr., de Blasio and Weprin

 

                     Whereas, The City of New York Disparity Study of 2005 revealed a disparity between the availability and the utilization of Minority/Women Owned Business Enterprises (M/WBEs) in the award of government procurement contracts; and

                     Whereas, in 2005, New York City passed Local Law 129, which created an M/WBE program to expand government contracting opportunities for minority and women owned businesses; and

                     Whereas, Local Law 129 established target percentages for annual agency expenditures on certain types of contracts to be awarded to M/WBEs; and

                     Whereas, In order for a minority and women owned business to participate in the City’s M/WBE program, the business must be certified as an M/WBE by the Department of Small Business Services; and

                     Whereas, Although certification efforts are increasing, according to the Mayor’s Office of Contract Services’ Fiscal Year 2008 Agency Procurement Indicators, the number of M/WBE firms who win contracts remains far below the target percentages set by Local Law 129; and

                     Whereas, New York State General Municipal Law section 103 requires that qualifying contracts be awarded to the lowest responsible bidder; and

                     Whereas, As many M/WBEs are losing bids by a few percentage points, legislation permitting localities to give certified M/WBE firms a small price preference could help address this problem; and

                     Whereas, General Municipal law section 104-a currently allows political subdivisions to exercise a price preference when purchasing recycled products at a cost premium not to exceed ten percent of what a non-recycled product would cost; and

                     Whereas, Amending section 104-a of the General Municipal law in a similar way for certified M/WBEs could allow municipalities to give certified M/WBEs a small price preference when awarding qualifying contracts; and

                      Whereas, Assembly bill A. 6807 of 2009 and Senate bill S. 3185 of 2009, which authorize political subdivisions with M/WBE programs to award qualifying contracts under one million dollars to the lowest M/WBE bid if it does not exceed the lowest overall bid by more than ten percent, may address the disparity that still exists between the availability and utilization of MWBE firms; now therefore, be it

                     Resolved, That the Council of the City of New York calls upon the New York State legislature to pass and the Governor to sign A. 6807 and S. 3185 of 2009, which authorize political subdivisions to award public procurement contracts to participants of a minority and women owned business enterprise program at a cost premium not to exceed ten percent of the lowest bid.

 

IR

LC

LS # 5800

07.13.09