Bill Text: NY A11025 | 2017-2018 | 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: (Introduced - Dead) 2018-06-12 - ordered to third reading rules cal.139 [A11025 Detail]

Download: New_York-2017-A11025-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          11025
                   IN ASSEMBLY
                                      May 31, 2018
                                       ___________
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Bichotte,
          Peoples-Stokes) -- (at request of the Dormitory Authority of the State
          of New York) -- read once and referred to  the  Committee  on  Govern-
          mental Operations
        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 to the maximum dollar amount spec-
     5  ified 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/or
     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 eighty-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  two  thousand eight hundred seventy-nine of the public authori-
    18  ties law, with participation in the pilot program  reserved  exclusively
    19  to small businesses, as defined in section one hundred thirty-one of the
    20  economic development law, and/or minority-owned and women-owned business
    21  enterprises,  as  defined  in section three hundred ten of the executive
    22  law.
    23    (b) Procurements made pursuant to this subdivision shall be designated
    24  as such by the authority, in its sole discretion. Such designation shall
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14384-01-8
        A. 11025                            2
     1  be made prior to the advertisement and request for  bids  or  proposals,
     2  and  any  such  advertisement or request shall indicate this designation
     3  clearly.
     4    (c)  If  the total number of parties responding and considered capable
     5  of meeting the specifications and terms of the advertisement and request
     6  for bids or proposals is less than three, or if the authority determines
     7  that acceptance of any bid or proposal will result in the payment of  an
     8  unreasonable  price,  the authority shall reject all responses and with-
     9  draw the designation made pursuant to paragraph (b) of this subdivision.
    10    (d) Procurements made pursuant to this subdivision may  be  undertaken
    11  in conjunction with section one hundred forty-seven of the state finance
    12  law  authorizing  a mentor-protege program to foster long-term relation-
    13  ships between approved mentor firms  and  small  business  concerns  and
    14  minority  and  women-owned  businesses  certified  pursuant  to  article
    15  fifteen-A of the executive law.
    16    (e) The total value of contracts awarded pursuant to this  subdivision
    17  shall  not  exceed the greater of twenty million dollars or five percent
    18  of the value of all contracts awarded by the authority in a given fiscal
    19  year.
    20    § 2. This act shall take effect immediately and shall expire  July  1,
    21  2022  when  upon  such  date  the provisions of this act shall be deemed
    22  repealed.