Bill Text: NY A09700 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires utilization of minority and women-owned business enterprises as subcontractors as a condition when awarding sole source procurement contracts; relates to the issuance of waivers of the obligation to comply with the minority and women-owned business enterprise participation requirements of a contract if such contract is a single source or sole source procurement contract; requires municipalities to require contract award recipients to utilize the services of minority and women-owned business enterprises; makes conforming changes.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2016-04-05 - referred to governmental operations [A09700 Detail]

Download: New_York-2015-A09700-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9700
                   IN ASSEMBLY
                                      April 5, 2016
                                       ___________
        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Governmental Operations
        AN ACT to amend the state finance law, in relation to requiring utiliza-
          tion  of  minority and women-owned business enterprises as subcontrac-
          tors as a condition when awarding sole source  procurement  contracts;
          to  amend the executive law, in relation to the issuance of waivers of
          the obligation to comply with the minority  and  women-owned  business
          enterprise  participation  requirements of a contract if such contract
          is a single source or sole source procurement contract; to  amend  the
          general  municipal  law,  in  relation  to requiring municipalities to
          require contract award recipients to utilize the services of  minority
          and  women-owned  business enterprises; to amend the executive law, in
          relation to making conforming changes; and providing for the repeal of
          certain 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.  Paragraph b of subdivision 10 of section 163 of the state
     2  finance law is amended by adding a new subparagraph  (iii)  to  read  as
     3  follows:
     4    (iii)  All  single  source  or  sole source procurement contracts made
     5  pursuant to the provisions of this  paragraph  shall  require  that  the
     6  award  recipient  comply with the provisions of article fifteen-A of the
     7  executive law relating to minority and women-owned  business  enterprise
     8  participation when contracting with subcontractors.
     9    §  2. Subdivision 6 of section 313 of the executive law, as amended by
    10  chapter 175 of the laws of 2010, is amended to read as follows:
    11    6. (a) Where it appears that a contractor cannot, after a  good  faith
    12  effort,  comply  with  the  minority and women-owned business enterprise
    13  participation requirements set forth in a particular state  contract,  a
    14  contractor  may  file  a written application with the contracting agency
    15  requesting a partial or total waiver of such requirements setting  forth
    16  the  reasons  for  such contractor's inability to meet any or all of the
    17  participation requirements together with an explanation of  the  efforts
    18  undertaken  by the contractor to obtain the required minority and women-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14863-01-6