Bill Text: NY S09094 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires contracting agencies to contact minority and women-owned business enterprises when such enterprise is listed on a utilization plan and mandates that the prime contractor use such enterprise identified on the utilization plan, unless such enterprise cannot perform or is no longer state certified.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-11-16 - REFERRED TO RULES [S09094 Detail]

Download: New_York-2019-S09094-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9094

                    IN SENATE

                                    November 16, 2020
                                       ___________

        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the executive law, in relation to requiring  contracting
          agencies to contact minority and women-owned business enterprises when
          such enterprise is listed on a utilization plan

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

     1    Section 1. Paragraphs (a) and (b) of subdivision 5 of section  313  of
     2  the  executive  law,  as  amended by chapter 96 of the laws of 2019, are
     3  amended to read as follows:
     4    (a) Contracting agencies shall administer the  rules  and  regulations
     5  promulgated  by the director in a good faith effort to achieve the maxi-
     6  mum feasible participation by minority and women owned  business  enter-
     7  prises  adopted  pursuant  to  this  article  and the regulations of the
     8  director. Such rules and regulations:  shall  require  a  contractor  to
     9  submit a utilization plan after bids are opened, when bids are required,
    10  but  prior to the award of a state contract; shall require the contract-
    11  ing agency to review the utilization plan submitted  by  the  contractor
    12  and  to  post  the utilization plan and any waivers of compliance issued
    13  pursuant to subdivision six of  this  section  on  the  website  of  the
    14  contracting  agency;  shall require the contracting agency to notify the
    15  minority and women-owned business enterprise when listed on the utiliza-
    16  tion plan; shall require the contracting agency to notify the contractor
    17  in writing within a period of time specified by the director as  to  any
    18  deficiencies  contained  in  the  contractor's  utilization  plan; shall
    19  require remedy thereof within a period of time specified by  the  direc-
    20  tor;  shall require the contractor to submit periodic compliance reports
    21  relating to the operation and implementation of  any  utilization  plan;
    22  shall  not  allow  any automatic waivers but shall allow a contractor to
    23  apply for a partial or total waiver  of  the  minority  and  women-owned
    24  business  enterprise participation requirements pursuant to subdivisions
    25  six and seven of this section;  shall  allow  a  contractor  to  file  a
    26  complaint  with  the  director  pursuant  to  subdivision  eight of this
    27  section in the event a contracting agency has failed or refused to issue

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17433-01-0
        S. 9094                             2

     1  a waiver of the minority and  women-owned  business  enterprise  partic-
     2  ipation  requirements or has denied such request for a waiver; and shall
     3  allow a contracting agency to file a complaint with the director  pursu-
     4  ant  to  subdivision  nine  of this section in the event a contractor is
     5  failing or has failed to comply with the minority and women-owned  busi-
     6  ness  enterprise  participation  requirements  set  forth  in  the state
     7  contract where no waiver has been granted.
     8    (b) The rules and regulations promulgated pursuant to this subdivision
     9  regarding a utilization plan shall provide that where  enterprises  have
    10  been  identified  within a utilization plan, a contractor shall attempt,
    11  in good faith, to utilize such enterprise [at least to the extent  indi-
    12  cated], unless such enterprise cannot perform under the contract or such
    13  enterprise is no longer certified by the state. A contracting agency may
    14  require  a contractor to indicate, within a utilization plan, what meas-
    15  ures and procedures he or  she  intends  to  take  to  comply  with  the
    16  provisions  of  this  article[,  but  may not require, as a condition of
    17  award of, or compliance with, a contract that  a  contractor  utilize  a
    18  particular enterprise in performance of the contract].
    19    §  2.  This act shall take effect immediately; provided, however, that
    20  the amendments to paragraphs (a) and (b) of subdivision 5 of section 313
    21  of the executive law made by section one of this act  shall  not  affect
    22  the repeal of such section and shall be deemed repealed therewith.