Bill Text: NY S06301 | 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 2-0)

Status: (Passed) 2019-07-15 - SIGNED CHAP.97 [S06301 Detail]

Download: New_York-2019-S06301-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          6301

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 3, 2019
                                       ___________

        Introduced by Sen. SANDERS -- (at request of the Dormitory Authority) --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Rules

        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.
                                                                   LBD09731-01-9
        S. 6301                             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.