Bill Text: NY S01548 | 2023-2024 | General Assembly | Introduced

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Bill Title: Encourages the participation of minority- and women-owned business enterprises in state contracts by avoiding unnecessary and unjustified bundling of contract requirements that preclude minority- and women-owned business participation.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-03 - REFERRED TO PROCUREMENT AND CONTRACTS [S01548 Detail]

Download: New_York-2023-S01548-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1548

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 12, 2023
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Procurement and Contracts

        AN ACT to amend the executive law and the state finance law, in relation
          to encouraging the participation of minority and women-owned  business
          enterprises in state contracts

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

     1    Section 1. Subdivision 2-a of section 313  of  the  executive  law  is
     2  amended by adding a new paragraph (k) to read as follows:
     3    (k)  require  that each state contract avoids unnecessary and unjusti-
     4  fied bundling of  contract  requirements  that  precludes  minority  and
     5  women-owned business enterprises' participation in procurements as prime
     6  contractors.   For purposes of this paragraph, "unnecessary and unjusti-
     7  fied" shall mean not required, not needed and with no legitimate reason.
     8    § 2. Section 139-g of the state finance law is amended by adding a new
     9  subdivision (e) to read as follows:
    10    (e) require that each state contract avoids unnecessary  and  unjusti-
    11  fied  bundling  of contract requirements that precludes small and certi-
    12  fied women and minority-owned business' participation in procurements as
    13  prime contractors.  For purposes of this subdivision,  "unnecessary  and
    14  unjustified"  shall mean not required, not needed and with no legitimate
    15  reason.
    16    § 3. Subdivision 4 of section 313 of the executive law, as amended  by
    17  chapter 96 of the laws of 2019, is amended to read as follows:
    18    4. In the implementation of this section, the contracting agency shall
    19  (a) consult the findings contained within the disparity study evidencing
    20  relevant  industry  specific  disparities in the utilization of minority
    21  and women-owned businesses relative to their availability;
    22    (b) implement a program that will enable the agency to  evaluate  each
    23  contract  to determine the appropriate goal for participation by minori-
    24  ty-owned business enterprises and women-owned business enterprises; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03645-01-3
        S. 1548                             2

     1    (c) [consider where  practicable,  the  severability  of  construction
     2  projects and other bundled contracts; and
     3    (d)]  consider  compliance  with  the  requirements of any federal law
     4  concerning opportunities for minority and  women-owned  business  enter-
     5  prises  which  effectuates  the purpose of this section. The contracting
     6  agency shall determine whether the imposition of the requirements of any
     7  such law duplicate or conflict with the provisions hereof  and  if  such
     8  duplication  or  conflict exists, the contracting agency shall waive the
     9  applicability of this section to  the  extent  of  such  duplication  or
    10  conflict.
    11    §  4.  This  act shall take effect immediately; provided however, that
    12  the amendments to section 313 of the executive law made by sections  one
    13  and  three  of  this act shall not affect the repeal of such article and
    14  shall be deemed repealed therewith.