Letter in Support of Progressive Design Build Authorization in New York State

October 4, 2024

RE: Progressive Design Build Authorization

Dear Governor Hochul,

The New York Building Congress, representing a coalition of over 500 organizations and 250,000 skilled tradespeople and professionals urges you to sign A10543/S9849, which authorizes New York City to contract for capital projects using design-build and Construction Manager-Build (CM-Build) procurement to save time and money and A8864/S7383, which saves time on contract registration and expands opportunity and access to comment.

As we enter the final quarter of 2024, we urge you to expand the procurement tools available to New York City with authorization of progressive design build and CM-build, extend joint bidding, and modernize the public hearing requirements to provide better access for comment. It is essential that New York City have tools suitable for the complexity of project needs while ensuring quality delivery, providing accountability and transparency at all stages, and embedding robust workforce engagement and community participation in the process.

Expanded Alternative Delivery (A10543/S9849): allows that the City’s procurement tools included in the design build authority be expanded to allow for use of progressive design-build on resilient infrastructure projects and construction manager-build for renovation of cultural institutions and public library. Each of these tools allow for quality-based selection, to accelerate project delivery and mitigate risks of delays during construction. These different selection methods occur early in project development, integrating the builder into the process for site investigations and design, much sooner than in design-bid-build. The legislation maintains the public sector and private sector labor protections currently in the Public Works Investment Act (anti-displacement of public employees and a requirement to use Project Labor Agreements).

Public Notice and Comment (A8864/S7383): modifies public notice and comment requirements, allowing for simultaneous public notice and comment on certain City contracts, potentially saving weeks of time for thousands of contracts. This will save time on contract registration and expand opportunity and access to comment.

Thank you for your leadership and commitment to improving New York City’s infrastructure.

Very truly yours,

Carlo A. Scissura, Esq.

President & CEO, New York Building Congress