Bill Text: NY A04686 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to requiring third party oversight over the state's contracting agency's procurement procedure specific to the use of minority- and women-owned businesses.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A04686 Detail]

Download: New_York-2019-A04686-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4686
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by  M.  of  A.  BLAKE, PEOPLES-STOKES, MOSLEY, COOK, JOYNER,
          SEAWRIGHT -- Multi-Sponsored by -- M. of A. THIELE --  read  once  and
          referred to the Committee on Governmental Operations
        AN  ACT to amend the executive law, in relation to third party oversight
          for state contracts involving minority and women-owned businesses
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The executive law is amended by adding a new section 316-b
     2  to read as follows:
     3    § 316-b. Third party oversight. 1. A third party entity not  employed,
     4  engaged  in  business  with or holding office in New York state shall be
     5  selected by the legislature and confirmed by the chief  diversity  offi-
     6  cer, as defined in section four-a of this chapter, through a request for
     7  proposal process to oversee each contracting agency's procurement proce-
     8  dure  for  contracts  made directly or indirectly to minority and women-
     9  owned businesses.
    10    2. Each contracting agency shall submit the following  information  to
    11  such third party entity on a quarterly basis:
    12    (a)  total  agency  procurement  including  from  which industry under
    13  subdivision one of section three hundred thirteen of this  article  each
    14  contract is categorized;
    15    (b)  upcoming confirmed and proposed procurement opportunities includ-
    16  ing estimated overall cost and steps taken or to be taken  in  order  to
    17  ensure  maximum feasible participation of minority and women-owned busi-
    18  ness;
    19    (c) a list of all bids for each  contract  including  a  list  of  all
    20  contractors,  known  subcontractors, and whether any or all qualify as a
    21  minority or women-owned business; and
    22    (d) a  list  of  all  contractor's  awarded  waivers  with  supporting
    23  documentation illustrating such contractor's good faith effort to comply
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01755-01-9
        A. 4686                             2
     1  with the criteria outlined in subdivision seven of section three hundred
     2  thirteen of this article.
     3    3.  Such  third  party  entity shall develop an evaluation system that
     4  clearly delineates and compares each agency's  utilization  of  minority
     5  and   women-owned  businesses  and  the  established  procurement  goals
     6  outlined in subdivision one of section three hundred  thirteen  of  this
     7  article.
     8    4.  Such third party entity shall report annually on the fifteenth day
     9  of May directly to the governor, temporary president of the  senate  and
    10  speaker  of  the  assembly  the collective findings from the past year's
    11  quarterly submissions. Additionally, such report shall be made available
    12  on the empire state development division of minority and  women's  busi-
    13  ness development website for public review.
    14    §  2.  This  act shall take effect immediately and shall expire on the
    15  same date and in the same manner as article 15-A of  the  executive  law
    16  pursuant to subdivision (h) of section 121 of chapter 261 of the laws of
    17  1988, as amended.