Bill Text: NY A04685 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to requiring agencies to provide unsuccessful bidders that are certified minority- and women-owned business enterprises with a written statement of the completion of the procurement selection process and that such enterprise was not selected.

Spectrum: Strong Partisan Bill (Democrat 19-1)

Status: (Introduced - Dead) 2020-07-16 - reported referred to ways and means [A04685 Detail]

Download: New_York-2019-A04685-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4685--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 5, 2019
                                       ___________

        Introduced  by  M.  of A. BLAKE, BARRON, BICHOTTE, COLTON, COOK, CROUCH,
          JAFFEE, JOYNER, MOSLEY, PEOPLES-STOKES, RODRIGUEZ, SEAWRIGHT, DICKENS,
          ARROYO, SAYEGH, CRUZ -- Multi-Sponsored by -- M. of A. THIELE, WOERNER
          -- read once and referred to the Committee on Governmental  Operations
          --  recommitted to the Committee on Governmental Operations in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the executive law, in relation to requiring agencies  to
          provide  unsuccessful  bidders  that are certified minority and women-
          owned business enterprises with a written statement  articulating  the
          reasons for such rejection

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 315 of the executive law is amended by adding a new
     2  subdivision 2-b to read as follows:
     3    2-b. The director shall promulgate rules and  regulations  to  require
     4  all  contracting  agencies  to  promptly  provide  written notice to all
     5  unsuccessful bidders that are certified  minority-owned  or  women-owned
     6  business  enterprises  advising  such enterprises of the completion of a
     7  procurement selection process and that such enterprise was not selected.
     8  Such notice shall also (a)  disclose  the  identity  of  the  successful
     9  bidder  or  bidders; (b) advise such enterprise, to the extent practica-
    10  ble, of the reasons for not being selected; (c) include, to  the  extent
    11  practicable,  guidance  concerning methods of improving future proposals
    12  or bids by such enterprise; (d) advise such enterprise,  if  applicable,
    13  of  the  opportunity  to  request  a  debriefing pursuant to section one
    14  hundred sixty-three of the state finance law; and (e) inform such enter-
    15  prise of the services available through the  division  of  minority  and
    16  women's  business  development and the office of the minority and women-
    17  owned business enterprise statewide advocate.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08796-02-0
        A. 4685--A                          2

     1    § 2. This act shall take effect on the ninetieth day  after  it  shall
     2  have become a law; provided however, that the amendments to article 15-A
     3  of  the  executive  law made by section one of this act shall not affect
     4  the expiration of such article and shall be deemed to expire  therewith;
     5  provided,  further,  that  the  director of the division of minority and
     6  women's business development shall be authorized to commence  the  rule-
     7  making process required pursuant to section one of this act prior to the
     8  effective date of this act.