Bill Text: NY A06877 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to establishing a prequalification system for certified minority- and women-owned business enterprises.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A06877 Detail]

Download: New_York-2015-A06877-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6877
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 8, 2015
                                      ___________
       Introduced  by M. of A. BLAKE -- read once and referred to the Committee
         on Governmental Operations
       AN ACT to amend  the  executive  law,  in  relation  to  establishing  a
         prequalification  system  for certified minority and women-owned busi-
         ness enterprises
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  4  of  section  313  of the executive law is
    2  amended by adding a new paragraph (e) to read as follows:
    3    (E) ESTABLISH A PREQUALIFICATION SYSTEM  FOR  CERTIFIED  MINORITY  AND
    4  WOMEN-OWNED BUSINESS ENTERPRISES TO ENSURE SUCH BUSINESSES ARE GIVEN THE
    5  OPPORTUNITY  FOR MAXIMUM FEASIBLE PARTICIPATION. PROSPECTIVE BIDDERS MAY
    6  BE PREQUALIFIED IN ACCORDANCE WITH GENERAL CRITERIA ESTABLISHED  BY  THE
    7  CONTRACTING  AGENCY  WHICH MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, THE
    8  EXPERIENCE, PAST PERFORMANCE, ABILITY TO UNDERTAKE THE TYPE AND COMPLEX-
    9  ITY OF WORK, FINANCIAL CAPABILITY, RESPONSIBILITY, COMPLIANCE WITH EQUAL
   10  EMPLOYMENT OPPORTUNITY REQUIREMENTS AND  ANTI-DISCRIMINATION  LAWS,  AND
   11  RELIABILITY.  LISTS  OF  PREQUALIFIED  BIDDERS  MAY  BE ESTABLISHED ON A
   12  PROJECT-SPECIFIC BASIS. PREQUALIFIED LISTS  SHALL  INCLUDE  ALL  BIDDERS
   13  THAT  QUALIFY;  PROVIDED, HOWEVER, THAT ANY SUCH LIST SHALL HAVE NO LESS
   14  THAN FIVE BIDDERS BUT SHALL REMAIN OPEN  FOR  ALL  ADDITIONAL  QUALIFIED
   15  BIDDERS. THE AGENCY'S PROCEDURES FOR PREQUALIFYING BIDDERS SHALL INCLUDE
   16  AN  APPEALS PROCESS FOR THOSE DENIED PREQUALIFICATION OR WHOSE PREQUALI-
   17  FICATION IS REVOKED OR SUSPENDED. THE AGENCY MAY  MOVE  FORWARD  ON  THE
   18  CONTRACT AWARD DURING SUCH APPEALS.
   19    S  2.  This  act shall take effect on the ninetieth day after it shall
   20  have become a law; provided, however, that the amendments to subdivision
   21  4 of section 313 of the executive law made by section one  of  this  act
   22  shall  not  affect the expiration of such section and shall be deemed to
   23  expire therewith.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09757-01-5