Bill Text: NY A07795 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the award of contracts to small businesses, minority-owned business enterprises and women-owned business enterprises; provides for the repeal of such provisions upon expiration thereof.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-07-15 - SIGNED CHAP.97 [A07795 Detail]
Download: New_York-2019-A07795-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7795 2019-2020 Regular Sessions IN ASSEMBLY May 22, 2019 ___________ Introduced by M. of A. BICHOTTE -- (at request of the Dormitory Authori- ty of the State of New York) -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the public authorities law, in relation to the award of contracts to small businesses, minority-owned business enterprises and women-owned business enterprises; 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 29 to read as follows: 3 29. Notwithstanding any law to the contrary, to establish a pilot 4 program for the award of contracts up the maximum dollar amount speci- 5 fied in paragraph (e) of this subdivision, for the procurement of goods 6 or services from, or for the construction, reconstruction, rehabili- 7 tation or improvement of facilities by, small businesses as defined in 8 section one hundred thirty-one of the economic development law and 9 minority-owned and women-owned business enterprises as defined in 10 section three hundred ten of the executive law, notwithstanding the 11 expiration of such section pursuant to subdivision (h) of section one 12 hundred twenty-one of chapter two hundred sixty-one of the laws of nine- 13 teen hundred eight-eight, as amended, in accordance with the following 14 provisions: 15 (a) Procurements made pursuant to this subdivision shall be governed 16 by the authority's procurement policy and guidelines adopted pursuant to 17 section twenty-eight hundred seventy-nine of this chapter, with partic- 18 ipation in the pilot program confined to small businesses, as defined in 19 section one hundred thirty-one of the economic development law, and 20 minority-owned and women-owned business enterprises, as defined in 21 section three hundred ten of the executive law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09731-01-9A. 7795 2 1 (b) Procurements made pursuant to this subdivision shall be designated 2 as such by the authority, in its sole discretion, pursuant to pre-es- 3 tablished criteria contained in the authority's procurement and policy 4 guidelines described in paragraph (a) of this subdivision. Such desig- 5 nation shall be made prior to the advertisement and request for bids or 6 proposals, and any such advertisement or request shall indicate this 7 designation clearly. 8 (c) If the total number of parties responding and considered capable 9 of meeting the specifications and terms of the advertisement and request 10 for bids or proposals is less than three, or if the authority determines 11 that acceptance of any bid or proposal will result in the payment of an 12 unreasonable price, the authority shall reject all responses and with- 13 draw the designation made pursuant to paragraph (b) of this subdivision. 14 (d) Procurements made pursuant to this subdivision may be undertaken 15 in conjunction with section one hundred forty-seven of the state finance 16 law authorizing a mentor-protege program to foster long-term relation- 17 ships between approved mentor firms and small business concerns and 18 minority and women-owned businesses certified pursuant to article 19 fifteen-A of the executive law. 20 (e) The total value of contracts awarded pursuant to this subdivision 21 shall not exceed the greater of twenty million dollars or five percent 22 of the value of all contracts awarded by the authority in a given fiscal 23 year. 24 § 2. This act shall take effect immediately and shall expire July 1, 25 2023 when upon such date the provisions of this act shall be deemed 26 repealed.