Int. No. 353

By Council Members Jackson, Clarke, Comrie, Perkins, Stewart, Gerson, Weprin and Gonzalez (by request of the Mayor)

A Local Law to amend the New York city charter, in relation to alternatives to competitive sealed bidding.

Be it enacted by the Council as follows:

Section 1.  Subdivision b of section 317 of the New York city charter, as added by vote of the electors of the city of New York at a general election held on November 7, 1989, is amended to read as follows:

b.  Each contract for goods, services or construction in value of more than [two] five million dollars proposed by an agency to be awarded which is let by other than (i) competitive, sealed bidding, (ii) competitive sealed bids from prequalified vendors, or (iii) competitive sealed proposals, where the weight assigned to each of the factors or criteria to be considered in selecting the proposal most advantageous to the city was set forth in a writing filed in the agency contract file prior to the opening of proposals, shall require the approval of the mayor [or a deputy mayor] prior to its execution.  [The mayor or deputy mayor shall not delegate the authority to make such approvals to any other body or official.]  Notwithstanding the preceding sentence, the mayor may, where the mayor has determined that it is appropriate, exclude an agency’s contracts or a particular category of contracts from the approval requirement of this subdivision.

§2.  This local law shall take effect 45 days after adoption, provided that the City agencies affected, including, but not limited to, the procurement policy board may take any actions necessary to effectuate the provisions of this local law prior to its effective date.