Bill Text: NY A05699 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to awards of certain contracts to small businesses or businesses certified under article 15-A of the executive law.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - referred to corporations, authorities and commissions [A05699 Detail]

Download: New_York-2013-A05699-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5699
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 6, 2013
                                      ___________
       Introduced  by M. of A. BRENNAN -- Multi-Sponsored by -- M. of A. JACOBS
         -- read once and referred to the Committee on  Corporations,  Authori-
         ties and Commissions
       AN  ACT to amend the public authorities law, in relation to the award of
         certain contracts to  small  businesses  and/or  businesses  certified
         under  article 15-A of the executive law; 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.  Section  1678 of the public authorities law is amended by
    2  adding a new subdivision 28 to read as follows:
    3    28. (A) TO AWARD CONTRACTS, NOTWITHSTANDING ANY OTHER PROVISION OF LAW
    4  TO THE CONTRARY, FOR THE PROCUREMENT OF GOODS  OR  SERVICES  FROM  SMALL
    5  BUSINESSES  AND/OR  BUSINESSES  CERTIFIED UNDER ARTICLE FIFTEEN-A OF THE
    6  EXECUTIVE LAW IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
    7    (B) PROCUREMENTS MADE PURSUANT TO THIS SUBDIVISION SHALL  BE  GOVERNED
    8  BY THE AUTHORITY'S PROCUREMENT POLICY AND GUIDELINES ADOPTED PURSUANT TO
    9  SECTION  TWENTY-EIGHT  HUNDRED SEVENTY-NINE OF THIS CHAPTER. SUCH GUIDE-
   10  LINES SHALL INCLUDE, BUT NOT BE LIMITED TO: (I)  A  COMPETITIVE  PROCESS
   11  THAT  PROVIDES OPPORTUNITY AND ACCESS TO PROCUREMENTS, PURSUANT TO WHICH
   12  CONTRACTS MAY BE AWARDED TO SMALL BUSINESSES AND/OR BUSINESSES CERTIFIED
   13  UNDER ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW; (II) PROVIDE  A  BENCHMARK
   14  OF  AMOUNTS  PAID UNDER CONTRACTS AWARDED UNDER THIS SUBDIVISION AGAINST
   15  AMOUNTS PAID UNDER OTHER AUTHORITY CONTRACTS FOR LIKE GOODS OR SERVICES;
   16  AND (III) REQUIRE AN ANNUAL ASSESSMENT  OF  THE  EFFECTIVENESS  OF  SUCH
   17  PROCEDURES IN HELPING THE AUTHORITY ACHIEVE THE AUTHORITY'S GOALS ESTAB-
   18  LISHED  PURSUANT  TO  ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW FOR PARTIC-
   19  IPATION BY MINORITY AND WOMEN-OWNED ENTERPRISES. SUCH ANNUAL  ASSESSMENT
   20  MAY  BE  INCLUDED  WITHIN THE AUTHORITY'S ANNUAL REPORT REQUIRED BY THIS
   21  ARTICLE AND SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY  PRESIDENT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09451-01-3
       A. 5699                             2
    1  OF  THE  SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE
    2  SENATE AND THE MINORITY LEADER OF THE ASSEMBLY.
    3    (C)  THE TOTAL VALUE OF CONTRACTS AWARDED PURSUANT TO THIS SUBDIVISION
    4  SHALL NOT EXCEED TWO PERCENT OF THE VALUE OF ALL  CONTRACTS  OFFERED  IN
    5  ANY  FISCAL  YEAR  OF THE AUTHORITY; PROVIDED, HOWEVER, THE TOTAL AMOUNT
    6  AVAILABLE FOR AWARD PURSUANT TO THIS SECTION SHALL NOT BE LESS THAN  ONE
    7  PERCENT  OF THE VALUE OF ALL CONTRACTS OFFERED IN ANY FISCAL YEAR OF THE
    8  AUTHORITY.
    9    S 2. This act shall take effect immediately and shall expire  July  1,
   10  2018  when  upon  such  date  the provisions of this act shall be deemed
   11  repealed.