New York S 5266: Authorizes counties with a population of one million or more persons to use the alternative delivery method known as design-build contracts

Bill Text

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S05266 Summary:

BILL NOS05266 

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SAME ASSAME AS A08582

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SPONSORBAILEY

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COSPNSR

&nbsp

MLTSPNSR

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&nbsp

Authorizes counties with a population of one million or more persons to undertake certain public works pursuant to project labor agreements; authorizes the use of the alternative delivery method known as design-build contracts; provides for the repeal of such provisions upon expiration thereof.

Go to top S05266 Actions:

BILL NOS05266 

&nbsp

02/20/2025REFERRED TO PROCUREMENT AND CONTRACTS

01/07/2026REFERRED TO PROCUREMENT AND CONTRACTS

Go to topS05266 Committee&nbspVotes:

Go to topS05266 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05266 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5266

 2025-2026 Regular Sessions

 IN SENATE

 February 20, 2025
 ___________

 Introduced by Sen. BAILEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Procurement and Contracts

 AN ACT to authorize, for certain public works undertaken pursuant to
 project labor agreements, use of the alternative delivery method known
 as design-build 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. Short title. This act shall be known and may be cited as
 2 the "county public works investment act".
 3 § 2. For the purposes of this act:
 4 (a) "Authorized entity" shall mean any county within the state having
 5 a population of one million or more persons.
 6 (b) "Best value" shall mean the basis for awarding contracts for
 7 services to a proposer that optimizes quality, cost and efficiency,
 8 price and performance criteria, which may include, but is not limited
 9 to:
 10 (1) The quality of the proposer's performance on previous projects;
 11 (2) The timeliness of the proposer's performance on previous projects;
 12 (3) The level of customer satisfaction with the proposer's performance
 13 on previous projects;
 14 (4) The proposer's record of performing previous projects on budget
 15 and ability to minimize cost overruns;
 16 (5) The proposer's ability to limit change orders;
 17 (6) The proposer's ability to prepare appropriate project plans;
 18 (7) The proposer's technical capacities;
 19 (8) The individual qualifications of the proposer's key personnel;
 20 (9) The proposer's ability to assess and manage risk and minimize risk
 21 impact;
 22 (10) The proposer's financial capability;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10019-01-5

 S. 5266 2

 1 (11) The proposer's ability to comply with applicable requirements,
 2 including the provisions of articles 145, 147 and 148 of the education
 3 law;
 4 (12) The proposer's past record of compliance with federal, state and
 5 local laws, rules, licensing requirements, where applicable, and execu-
 6 tive orders, including but not limited to compliance with the labor law
 7 and other applicable labor and prevailing wage laws, article 15-A of the
 8 executive law, and any other applicable laws concerning minority- and
 9 women-owned business enterprise participation;
 10 (13) The proposer's record of complying with existing labor standards,
 11 maintaining harmonious labor relations, and protecting the health and
 12 safety of workers and payment of wages above any locally-defined living
 13 wage; and
 14 (14) A quantitative factor to be used in evaluation of bids or offers
 15 for awarding of contracts for bidders or offerers that are certified as
 16 minority- or women-owned business enterprises pursuant to article 15-A
 17 of the executive law, and certified pursuant to local law as minority-
 18 or women-owned business enterprises. Where an agency identifies a quan-
 19 titative factor pursuant to this paragraph, the agency must specify that
 20 businesses certified as minority- or women-owned business enterprises
 21 pursuant to article 15-A of the executive law as well as those certified
 22 as minority- or women-owned business enterprises or pursuant to section
 23 1304 of the New York city charter are eligible to qualify for such
 24 factor. Nothi