Bill Text: NY A11248 | 2017-2018 | General Assembly | Introduced
Bill Title: Establishes small business mentoring programs in the dormitory authority of the state of New York, office of general services, department of health, department of transportation, and the empire state development corporation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-06-18 - referred to governmental operations [A11248 Detail]
Download: New_York-2017-A11248-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11248 IN ASSEMBLY June 18, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Bichotte) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the public authorities law, the executive law, the public health law, and the transportation law, in relation to estab- lishing small business mentoring programs; and providing for the repeal of such provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public authorities law is amended by adding a new 2 section 1678-b to read as follows: 3 § 1678-b. Dormitory authority small business mentoring program. 1. 4 Definitions. As used in this section, unless the context requires other- 5 wise: 6 (a) "small business" means a business in the construction trades which 7 (i) is independently owned and operated; (ii) has annual revenues not 8 exceeding a fiscal limitation of five million dollars or such lesser 9 amount as established by the authority pursuant to these provisions; and 10 (iii) meets additional criteria as otherwise established by the authori- 11 ty. The authority shall establish a detailed definition in general and 12 specific to different segments of the construction industry to the 13 extent necessary to reflect differing characteristics of such segments 14 based on the criteria used by the United States small business adminis- 15 tration for loans to small businesses as set forth in Sections 121.301 16 through 121.305, or for awarding government procurements as set forth in 17 Sections 121.401 through 121.413, of Subpart A of Part 121 of Chapter I 18 of Title 13 of the Code of Federal Regulations as amended, and such 19 other criteria as determined by the authority; 20 (b) "small business mentoring program" is a program established by the 21 authority pursuant to this section to provide small businesses accepted 22 into the program with the opportunity: 23 (i) for up to four years, to compete for and, where awarded, to 24 perform certain authority public work contracts to be designated by the 25 authority for inclusion in this program under this subparagraph, with 26 the assistance of an authority-provided mentor, which shall be a firm EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15521-01-8A. 11248 2 1 competitively selected by the authority that has extensive construction 2 management and mentoring experience, with the mentor to provide the 3 small business with advice and assistance in competing for and managing 4 authority public work contracts; and 5 (ii) for a small business mentoring program participant which the 6 authority has determined has successfully completed the program under 7 subparagraph (i) of this paragraph, for up to four additional years, (A) 8 additional opportunities to compete with other designated small busi- 9 nesses in the program for certain public work contracts to be designated 10 for inclusion under this subparagraph and, where awarded, to perform 11 such authority public work contracts, with the further assistance of an 12 authority-provided mentor, which shall be a firm competitively selected 13 by the authority that has extensive construction management and mentor- 14 ing experience, with the mentor to provide the small business with 15 advice and technical assistance in competing for and managing authority 16 public work contracts, and (B) authority-provided assistance, as deter- 17 mined by the authority, for such a small business to obtain bonding for 18 public work contracts that are competitively awarded pursuant to 19 provisions of law other than this section; and 20 (c) "small business mentoring program contract" means a non-federally 21 funded authority public work contract designated by the authority, in an 22 estimated amount of not more than one million dollars for contracts 23 under subparagraph (i) of paragraph (b) of this subdivision and three 24 million dollars for contracts under subparagraph (ii) of paragraph (b) 25 of this subdivision, for which bids or proposals are to be invited and 26 accepted only from businesses that are enrolled in the small business 27 mentoring program and have been selected by the authority to compete for 28 the contract. 29 2. Small business mentoring program. (a) Pursuant to this section, the 30 authority shall establish a small business mentoring program. In 31 connection therewith, the authority may determine the criteria pursuant 32 to which a small business shall be eligible for and selected to partic- 33 ipate in the program under subparagraphs (i) and (ii) of paragraph (b) 34 of subdivision one of this section, the number of participants to 35 participate in each such component of the program, the criteria for the 36 competitive selection of the firms that will provide small businesses 37 with mentoring services, the assignment of a mentor to a specific small 38 business in the small business mentoring program, and the funding for 39 the program. 40 (b) Under the small business mentoring program, the authority is 41 authorized, notwithstanding any other provision of law: 42 (i) to designate which eligible public work contracts shall be small 43 business mentoring program contracts under subparagraphs (i) and (ii) of 44 paragraph (b) of subdivision one of this section, respectively; 45 (ii) to establish standards for qualifying small business mentoring 46 program participants to compete for a small business mentoring program 47 contract, provided that no less than three qualified small businesses in 48 the program must submit responsive offers to perform the contract; 49 (iii) to determine when bids or proposals for a small business mentor- 50 ing program contract should be restricted to small business mentoring 51 program participants which, prior to the receipt of bids or proposals, 52 have been qualified by the authority for such competition; 53 (iv) to competitively select, designate and contract with one or more 54 experienced construction management firms that, under the general super- 55 vision of the authority, will provide mentoring services to the small 56 businesses participating in the small business mentoring program, and toA. 11248 3 1 assign such mentors one or more designated small businesses participat- 2 ing in the program; 3 (v) for small business mentoring program contracts, except as set 4 forth herein, to waive requirements for the solicitation and award of a 5 public work contract pursuant to sections twelve hundred nine, twelve 6 hundred sixty-five-a and twenty-eight hundred seventy-nine of this chap- 7 ter and any other provision of law; 8 (vi) to assist only small business mentoring program participants that 9 have been awarded small business mentoring program contracts to obtain 10 any surety bond or contract of insurance required of them in connection 11 with such contract only notwithstanding any provision of section two 12 thousand five hundred four of the insurance law to the contrary; and 13 (vii) for small businesses that have been accepted into the small 14 business mentoring program under subparagraph (ii) of paragraph (b) of 15 subdivision one of this section, in addition to the benefits of such 16 program and notwithstanding any other provision of law, to provide tech- 17 nical assistance in obtaining bid, payment and performance bonding for 18 authority public work contracts that are not small business mentoring 19 program contracts, for which the small business is otherwise qualified. 20 (c) Under the small business mentoring program, the authority shall, 21 notwithstanding any other provision of law: 22 (i) require that thirty percent of all New York state funded contracts 23 over one hundred thousand dollars be awarded to minority and women-owned 24 businesses; 25 (ii) require that eighteen percent of all federal transit adminis- 26 tration funded contracts be awarded to disadvantaged business enter- 27 prises; 28 (iii) require that six percent of all New York state funded contracts 29 be awarded to service disabled veteran-owned businesses; 30 (iv) provide a thirteen-week class at no cost for training on 31 construction and business development; 32 (v) develop and implement a small business loan program where firms 33 are eligible to obtain loans up to nine hundred thousand dollars per 34 contract; and 35 (vi) develop and implement a program for providing free business 36 plans, legal advice, financial guidance, and administrative and back- 37 office support for small businesses participating in the program. 38 3. Withdrawal of designation of small business mentoring program 39 contracts. (a) If the total number of qualified small business mentoring 40 program participants that respond to a competition and are considered 41 capable of meeting the specifications and terms of the invitation to 42 compete is less than three, or if the authority determines that accept- 43 ance of the best offer will result in the payment of an unreasonable 44 price, the authority may reject all offers and withdraw the designation 45 of the contract as a small business mentoring program contract. 46 (b) If the authority withdraws the designation of a contract as a 47 small business mentoring program contract, the firms, if any, that made 48 offers shall be notified. Invitations to compete containing the same or 49 rewritten specifications and terms shall then be re-issued as a small 50 business mentoring program contract for one or more additional contract 51 periods. 52 4. Construction manager mentors. A mentor shall provide services and 53 assistance to a small business as designated by the authority, which may 54 include the following: (a) provide business training in the skills 55 necessary to operate a successful construction business and to compete 56 for and perform a public work contract;A. 11248 4 1 (b) provide technical assistance to the small business to assess the 2 outcome if the small business competes for but is not awarded a 3 contract; 4 (c) if the small business mentoring program contract is awarded to the 5 small business, provide guidance, advice and technical assistance to the 6 small business in the performance of the contract; and 7 (d) provide other technical assistance to the small business to facil- 8 itate learning, training and other issues which may arise. 9 5. Aggregate amount. The small business mentoring program contracts 10 authorized by this section shall, for the initial year of the program, 11 be in an aggregate amount of not less than ten million dollars, and 12 shall not exceed one hundred million dollars, with the maximum amount in 13 future years to be set by the authority. 14 § 2. The executive law is amended by adding a new section 204 to read 15 as follows: 16 § 204. Office of general services small business mentoring program. 1. 17 Definitions. As used in this section, unless the context requires other- 18 wise: 19 (a) "small business" means a business in the construction trades which 20 (i) is independently owned and operated; (ii) has annual revenues not 21 exceeding a fiscal limitation of five million dollars or such lesser 22 amount as established by the office of general services pursuant to 23 these provisions; and (iii) meets additional criteria as otherwise 24 established by the office of general services. The office of general 25 services shall establish a detailed definition in general and specific 26 to different segments of the construction industry to the extent neces- 27 sary to reflect differing characteristics of such segments based on the 28 criteria used by the United States small business administration for 29 loans to small businesses as set forth in Sections 121.301 through 30 121.305, or for awarding government procurements as set forth in 31 Sections 121.401 through 121.413, of Subpart A of Part 121 of Chapter I 32 of Title 13 of the Code of Federal Regulations as amended, and such 33 other criteria as determined by the office of general services; 34 (b) "small business mentoring program" is a program established by the 35 office of general services pursuant to this section to provide small 36 businesses accepted into the program with the opportunity: 37 (i) for up to four years, to compete for and, where awarded, to 38 perform certain office of general services public work contracts to be 39 designated by the office of general services for inclusion in this 40 program under this subparagraph, with the assistance of an office of 41 general services-provided mentor, which shall be a firm competitively 42 selected by the office of general services that has extensive 43 construction management and mentoring experience, with the mentor to 44 provide the small business with advice and assistance in competing for 45 and managing office of general services public work contracts; and 46 (ii) for a small business mentoring program participant which the 47 office of general services has determined has successfully completed the 48 program under subparagraph (i) of this paragraph, for up to four addi- 49 tional years, (A) additional opportunities to compete with other desig- 50 nated small businesses in the program for certain public work contracts 51 to be designated for inclusion under this subparagraph and, where 52 awarded, to perform such office of general services public work 53 contracts, with the further assistance of an office of general servic- 54 es-provided mentor, which shall be a firm competitively selected by the 55 office of general services that has extensive construction management 56 and mentoring experience, with the mentor to provide the small businessA. 11248 5 1 with advice and technical assistance in competing for and managing 2 office of general services public work contracts, and (B) office of 3 general services-provided assistance, as determined by the office of 4 general services, for such a small business to obtain bonding for public 5 work contracts that are competitively awarded pursuant to provisions of 6 law other than this section; 7 (c) "small business mentoring program contract" means a non-federally 8 funded office of general services public work contract designated by the 9 office of general services, in an estimated amount of not more than one 10 million dollars for contracts under subparagraph (i) of paragraph (b) of 11 this subdivision and three million dollars for contracts under subpara- 12 graph (ii) of paragraph (b) of this subdivision, for which bids or 13 proposals are to be invited and accepted only from businesses that are 14 enrolled in the small business mentoring program and have been selected 15 by the office of general services to compete for the contract. 16 2. Small business mentoring program. (a) Pursuant to this section, the 17 office of general services shall establish a small business mentoring 18 program. In connection therewith, the office of general services may 19 determine the criteria pursuant to which a small business shall be 20 eligible for and selected to participate in the program under subpara- 21 graphs (i) and (ii) of paragraph (b) of subdivision one of this section, 22 the number of participants to participate in each such component of the 23 program, the criteria for the competitive selection of the firms that 24 will provide small businesses with mentoring services, the assignment of 25 a mentor to a specific small business in the small business mentoring 26 program, and the funding for the program. 27 (b) Under the small business mentoring program, the office of general 28 services is authorized, notwithstanding any other provision of law: 29 (i) to designate which eligible public work contracts shall be small 30 business mentoring program contracts under subparagraphs (i) and (ii) of 31 paragraph (b) of subdivision one of this section, respectively; 32 (ii) to establish standards for qualifying small business mentoring 33 program participants to compete for a small business mentoring program 34 contract, provided that no less than three qualified small businesses in 35 the program must submit responsive offers to perform the contract; 36 (iii) to determine when bids or proposals for a small business mentor- 37 ing program contract should be restricted to small business mentoring 38 program participants which, prior to the receipt of bids or proposals, 39 have been qualified by the office of general services for such competi- 40 tion; 41 (iv) to competitively select, designate and contract with one or more 42 experienced construction management firms that, under the general super- 43 vision of the office of general services, will provide mentoring 44 services to the small businesses participating in the small business 45 mentoring program, and to assign such mentors one or more designated 46 small businesses participating in the program; 47 (v) for small business mentoring program contracts, except as set 48 forth herein, to waive requirements for the solicitation and award of a 49 public work contract pursuant to sections twelve hundred nine, twelve 50 hundred sixty-five-a and twenty-eight hundred seventy-nine of the public 51 authorities law and any other provision of law; 52 (vi) to assist only small business mentoring program participants that 53 have been awarded small business mentoring program contracts to obtain 54 any surety bond or contract of insurance required of them in connection 55 with such contract only notwithstanding any provision of section two 56 thousand five hundred four of the insurance law to the contrary; andA. 11248 6 1 (vii) for small businesses that have been accepted into the small 2 business mentoring program under subparagraph (ii) of paragraph (b) of 3 subdivision one of this section, in addition to the benefits of such 4 program and notwithstanding any other provision of law, to provide tech- 5 nical assistance in obtaining bid, payment and performance bonding for 6 office of general services public work contracts that are not small 7 business mentoring program contracts, for which the small business is 8 otherwise qualified. 9 (c) Under the small business mentoring program, the office of general 10 services shall, notwithstanding any other provision of law: 11 (i) require that thirty percent of all New York state funded contracts 12 over one hundred thousand dollars be awarded to minority and women-owned 13 businesses; 14 (ii) require that eighteen percent of all federal transit adminis- 15 tration funded contracts be awarded to disadvantaged business enter- 16 prises; 17 (iii) require that six percent of all New York state funded contracts 18 be awarded to service disabled veteran-owned businesses; 19 (iv) provide a thirteen-week class at no cost for training on 20 construction and business development; 21 (v) develop and implement a small business loan program where firms 22 are eligible to obtain loans up to nine hundred thousand dollars per 23 contract; and 24 (vi) develop and implement a program for providing free business 25 plans, legal advice, financial guidance, and administrative and back- 26 office for support small businesses participating in the program. 27 3. Withdrawal of designation of small business mentoring program 28 contracts. (a) If the total number of qualified small business mentoring 29 program participants that respond to a competition and are considered 30 capable of meeting the specifications and terms of the invitation to 31 compete is less than three, or if the office of general services deter- 32 mines that acceptance of the best offer will result in the payment of an 33 unreasonable price, the office of general services may reject all offers 34 and withdraw the designation of the contract as a small business mentor- 35 ing program contract. 36 (b) If the office of general services withdraws the designation of a 37 contract as a small business mentoring program contract, the firms, if 38 any, that made offers shall be notified. Invitations to compete contain- 39 ing the same or rewritten specifications and terms shall then be re-is- 40 sued as a small business mentoring program contract for one or more 41 additional contract periods. 42 4. Construction manager mentors. A mentor shall provide services and 43 assistance to a small business as designated by the office of general 44 services, which may include the following: (a) provide business training 45 in the skills necessary to operate a successful construction business 46 and to compete for and perform a public work contract; 47 (b) provide technical assistance to the small business to assess the 48 outcome if the small business competes for but is not awarded a 49 contract; 50 (c) if the small business mentoring program contract is awarded to the 51 small business, provide guidance, advice and technical assistance to the 52 small business in the performance of the contract; and 53 (d) provide other technical assistance to the small business to facil- 54 itate learning, training and other issues which may arise. 55 5. Aggregate amount. The small business mentoring program contracts 56 authorized by this section shall, for the initial year of the program,A. 11248 7 1 be in an aggregate amount of not less than ten million dollars, and 2 shall not exceed one hundred million dollars, with the maximum amount in 3 future years to be set by the office of general services. 4 § 3. The public health law is amended by adding a new section 411 to 5 read as follows: 6 § 411. Department of health small business mentoring program. 1. 7 Definitions. As used in this section, unless the context requires other- 8 wise: 9 (a) "small business" means a business in the construction trades which 10 (i) is independently owned and operated; (ii) has annual revenues not 11 exceeding a fiscal limitation of five million dollars or such lesser 12 amount as established by the department pursuant to these provisions; 13 and (iii) meets additional criteria as otherwise established by the 14 department. The department shall establish a detailed definition in 15 general and specific to different segments of the construction industry 16 to the extent necessary to reflect differing characteristics of such 17 segments based on the criteria used by the United States small business 18 administration for loans to small businesses as set forth in Sections 19 121.301 through 121.305, or for awarding government procurements as set 20 forth in Sections 121.401 through 121.413, of Subpart A of Part 121 of 21 Chapter I of Title 13 of the Code of Federal Regulations as amended, and 22 such other criteria as determined by the department; 23 (b) "small business mentoring program" is a program established by the 24 department pursuant to these provisions to provide small businesses 25 accepted into the program with the opportunity: 26 (i) for up to four years, to compete for and, where awarded, to 27 perform certain department public work contracts to be designated by the 28 department for inclusion in this program under this subparagraph, with 29 the assistance of a department-provided mentor, which shall be a firm 30 competitively selected by the department that has extensive construction 31 management and mentoring experience, with the mentor to provide the 32 small business with advice and assistance in competing for and managing 33 department public work contracts; and 34 (ii) for a small business mentoring program participant which the 35 department has determined has successfully completed the program under 36 subparagraph (i) of this paragraph, for up to four additional years, (A) 37 additional opportunities to compete with other designated small busi- 38 nesses in the program for certain public work contracts to be designated 39 for inclusion under this subparagraph and, where awarded, to perform 40 such department public work contracts, with the further assistance of a 41 department-provided mentor, which shall be a firm competitively selected 42 by the department that has extensive construction management and mentor- 43 ing experience, with the mentor to provide the small business with 44 advice and technical assistance in competing for and managing department 45 public work contracts, and (B) department-provided assistance, as deter- 46 mined by the department, for such a small business to obtain bonding for 47 public work contracts that are competitively awarded pursuant to 48 provisions of law other than this section. 49 (c) "small business mentoring program contract" means a non-federally 50 funded department public work contract designated by the department, in 51 an estimated amount of not more than one million dollars for contracts 52 under subparagraph (i) of paragraph (b) of this subdivision and three 53 million dollars for contracts under subparagraph (ii) of paragraph (b) 54 of this subdivision, for which bids or proposals are to be invited and 55 accepted only from businesses that are enrolled in the small businessA. 11248 8 1 mentoring program and have been selected by the department to compete 2 for the contract. 3 2. Small business mentoring program. (a) Pursuant to this section, the 4 department shall establish a small business mentoring program. In 5 connection therewith, the department may determine the criteria pursuant 6 to which a small business shall be eligible for and selected to partic- 7 ipate in the program under subparagraphs (i) and (ii) of paragraph (b) 8 of subdivision one of this section, the number of participants to 9 participate in each such component of the program, the criteria for the 10 competitive selection of the firms that will provide small businesses 11 with mentoring services, the assignment of a mentor to a specific small 12 business in the small business mentoring program, and the funding for 13 the program. 14 (b) Under the small business mentoring program, the department is 15 authorized, notwithstanding any other provision of law: 16 (i) to designate which eligible public work contracts shall be small 17 business mentoring program contracts under subparagraphs (i) and (ii) of 18 paragraph (b) of subdivision one of this section, respectively; 19 (ii) to establish standards for qualifying small business mentoring 20 program participants to compete for a small business mentoring program 21 contract, provided that no less than three qualified small businesses in 22 the program must submit responsive offers to perform the contract; 23 (iii) to determine when bids or proposals for a small business mentor- 24 ing program contract should be restricted to small business mentoring 25 program participants which, prior to the receipt of bids or proposals, 26 have been qualified by the department for such competition; 27 (iv) to competitively select, designate and contract with one or more 28 experienced construction management firms that, under the general super- 29 vision of the department, will provide mentoring services to the small 30 businesses participating in the small business mentoring program, and to 31 assign such mentors one or more designated small businesses participat- 32 ing in the program; 33 (v) for small business mentoring program contracts, except as set 34 forth herein, to waive requirements for the solicitation and award of a 35 public work contract pursuant to sections twelve hundred nine, twelve 36 hundred sixty-five-a and twenty-eight hundred seventy-nine of the public 37 authorities law and any other provision of law; 38 (vi) to assist only small business mentoring program participants that 39 have been awarded small business mentoring program contracts to obtain 40 any surety bond or contract of insurance required of them in connection 41 with such contract only notwithstanding any provision of section two 42 thousand five hundred four of the insurance law to the contrary; and 43 (vii) for small businesses that have been accepted into the small 44 business mentoring program under subparagraph (ii) of paragraph (b) of 45 subdivision one of this section, in addition to the benefits of such 46 program and notwithstanding any other provision of law, to provide tech- 47 nical assistance in obtaining bid, payment and performance bonding for 48 department public work contracts that are not small business mentoring 49 program contracts, for which the small business is otherwise qualified. 50 (c) Under the small business mentoring program, the department shall, 51 notwithstanding any other provision of law: 52 (i) require that thirty percent of all New York state funded contracts 53 over one hundred thousand dollars be awarded to minority and women-owned 54 businesses;A. 11248 9 1 (ii) require that eighteen percent of all federal transit adminis- 2 tration funded contracts be awarded to disadvantaged business enter- 3 prises; 4 (iii) require that six percent of all New York state funded contracts 5 be awarded to service disabled veteran-owned businesses; 6 (iv) provide a thirteen-week class at no cost for training in 7 construction and business development for small businesses participating 8 in the program; 9 (v) develop and implement a small business loan program where firms 10 are eligible to obtain loans up to nine hundred thousand dollars per 11 contract; and 12 (vi) develop and implement a program for providing free business 13 plans, legal advice, financial guidance, and administrative and back- 14 office support for small businesses participating in the program. 15 3. Withdrawal of designation of small business mentoring program 16 contracts. (a) If the total number of qualified small business mentoring 17 program participants that respond to a competition and are considered 18 capable of meeting the specifications and terms of the invitation to 19 compete is less than three, or if the department determines that accept- 20 ance of the best offer will result in the payment of an unreasonable 21 price, the department may reject all offers and withdraw the designation 22 of the contract as a small business mentoring program contract. 23 (b) If the department withdraws the designation of a contract as a 24 small business mentoring program contract, the firms, if any, that made 25 offers shall be notified. Invitations to compete containing the same or 26 rewritten specifications and terms shall then be re-issued as a small 27 business mentoring program contract for one or more additional contract 28 periods. 29 4. Construction manager mentors. A mentor shall provide services and 30 assistance to a small business as designated by the department, which 31 may include the following: (a) provide business training in the skills 32 necessary to operate a successful construction business and to compete 33 for and perform a public work contract; 34 (b) provide technical assistance to the small business to assess the 35 outcome if the small business competes for but is not awarded a 36 contract; 37 (c) if the small business mentoring program contract is awarded to the 38 small business, provide guidance, advice and technical assistance to the 39 small business in the performance of the contract; and 40 (d) provide other technical assistance to the small business to facil- 41 itate learning, training and other issues which may arise. 42 5. Aggregate amount. The small business mentoring program contracts 43 authorized by this legislation shall, for the initial year of the 44 program, be in an aggregate amount of not less than ten million dollars, 45 and shall not exceed one hundred million dollars, with the maximum 46 amount in future years to be set by the department. 47 § 4. The transportation law is amended by adding a new section 23 to 48 read as follows: 49 § 23. Department of transportation small business mentoring program. 50 1. Definitions. As used in this section, unless the context requires 51 otherwise: 52 (a) "small business" means a business in the construction trades which 53 (i) is independently owned and operated; (ii) has annual revenues not 54 exceeding a fiscal limitation of five million dollars or such lesser 55 amount as established by the department pursuant to these provisions; 56 and (iii) meets additional criteria as otherwise established by theA. 11248 10 1 department. The department shall establish a detailed definition in 2 general and specific to different segments of the construction industry 3 to the extent necessary to reflect differing characteristics of such 4 segments based on the criteria used by the United States small business 5 administration for loans to small businesses as set forth in Sections 6 121.301 through 121.305, or for awarding government procurements as set 7 forth in Sections 121.401 through 121.413, of Subpart A of Part 121 of 8 Chapter I of Title 13 of the Code of Federal Regulations as amended, and 9 such other criteria as determined by the department; 10 (b) "small business mentoring program" is a program established by the 11 department pursuant to this section to provide small businesses accepted 12 into the program with the opportunity: 13 (i) for up to four years, to compete for and, where awarded, to 14 perform certain department public work contracts, including but not 15 limited to contracts for thruway and bridge projects, to be designated 16 by the department for inclusion in this program under this subparagraph, 17 with the assistance of a department-provided mentor, which shall be a 18 firm competitively selected by the department that has extensive 19 construction management and mentoring experience, with the mentor to 20 provide the small business with advice and assistance in competing for 21 and managing department public work contracts; and 22 (ii) for a small business mentoring program participant which the 23 department has determined has successfully completed the program under 24 subparagraph (i) of this paragraph, for up to four additional years, (A) 25 additional opportunities to compete with other designated small busi- 26 nesses in the program for certain public work contracts to be designated 27 for inclusion under this subparagraph and, where awarded, to perform 28 such department public work contracts, with the further assistance of a 29 department-provided mentor, which shall be a firm competitively selected 30 by the department that has extensive construction management and mentor- 31 ing experience, with the mentor to provide the small business with 32 advice and technical assistance in competing for and managing department 33 public work contracts, and (B) department-provided assistance, as deter- 34 mined by the department, for such a small business to obtain bonding for 35 public work contracts that are competitively awarded pursuant to 36 provisions of law other than this section. 37 (c) "small business mentoring program contract" means a non-federally 38 funded department public work contract designated by the department, in 39 an estimated amount of not more than one million dollars for contracts 40 under subparagraph (i) of paragraph (b) of this subdivision and three 41 million dollars for contracts under subparagraph (ii) of paragraph (b) 42 of this subdivision, for which bids or proposals are to be invited and 43 accepted only from businesses that are enrolled in the small business 44 mentoring program and have been selected by the department to compete 45 for the contract. 46 2. Small business mentoring program. (a) Pursuant to this section, the 47 department shall establish a small business mentoring program. In 48 connection therewith, the department may determine the criteria pursuant 49 to which a small business shall be eligible for and selected to partic- 50 ipate in the program under subparagraphs (i) and (ii) of paragraph (b) 51 of subdivision one of this section, the number of participants to 52 participate in each such component of the program, the criteria for the 53 competitive selection of the firms that will provide small businesses 54 with mentoring services, the assignment of a mentor to a specific small 55 business in the small business mentoring program, and the funding for 56 the program.A. 11248 11 1 (b) Under the small business mentoring program, the department is 2 authorized, notwithstanding any other provision of law: 3 (i) to designate which eligible public work contracts shall be small 4 business mentoring program contracts under subparagraphs (i) and (ii) of 5 paragraph (b) of subdivision one of this section, respectively; 6 (ii) to establish standards for qualifying small business mentoring 7 program participants to compete for a small business mentoring program 8 contract, provided that no less than three qualified small businesses in 9 the program must submit responsive offers to perform the contract; 10 (iii) to determine when bids or proposals for a small business mentor- 11 ing program contract should be restricted to small business mentoring 12 program participants which, prior to the receipt of bids or proposals, 13 have been qualified by the department for such competition; 14 (iv) to competitively select, designate and contract with one or more 15 experienced construction management firms that, under the general super- 16 vision of the department, will provide mentoring services to the small 17 businesses participating in the small business mentoring program, and to 18 assign such mentors one or more designated small businesses participat- 19 ing in the program; 20 (v) for small business mentoring program contracts, except as set 21 forth herein, to waive requirements for the solicitation and award of a 22 public work contract pursuant to sections twelve hundred nine, twelve 23 hundred sixty-five-a and twenty-eight hundred seventy-nine of the public 24 authorities law and any other provision of law; 25 (vi) to assist only small business mentoring program participants that 26 have been awarded small business mentoring program contracts to obtain 27 any surety bond or contract of insurance required of them in connection 28 with such contract only notwithstanding any provision of section two 29 thousand five hundred four of the insurance law to the contrary; and 30 (vii) for small businesses that have been accepted into the small 31 business mentoring program under subparagraph (ii) of paragraph (b) of 32 subdivision one of this section, in addition to the benefits of such 33 program and notwithstanding any other provision of law, to provide tech- 34 nical assistance in obtaining bid, payment and performance bonding for 35 department public work contracts that are not small business mentoring 36 program contracts, for which the small business is otherwise qualified. 37 (c) Under the small business mentoring program, the department shall, 38 notwithstanding any other provision of law: 39 (i) require that thirty percent of all New York state funded contracts 40 over one hundred thousand dollars be awarded to minority and women-owned 41 businesses; 42 (ii) require that eighteen percent of all federal transit adminis- 43 tration funded contracts be awarded to disadvantaged business enter- 44 prises; 45 (iii) require that six percent of all New York state funded contracts 46 be awarded to service disabled veteran-owned businesses; 47 (iv) provide a thirteen-week class at no cost for training in 48 construction and business development for small businesses participating 49 in the program; 50 (v) develop and implement a small business loan program where firms 51 are eligible to obtain loans up to nine hundred thousand dollars per 52 contract; and 53 (vi) develop and implement a program for providing free business 54 plans, legal advice, financial guidance, and administrative and back- 55 office support for small businesses participating in the program.A. 11248 12 1 3. Withdrawal of designation of small business mentoring program 2 contracts. (a) If the total number of qualified small business mentoring 3 program participants that respond to a competition and are considered 4 capable of meeting the specifications and terms of the invitation to 5 compete is less than three, or if the department determines that accept- 6 ance of the best offer will result in the payment of an unreasonable 7 price, the department may reject all offers and withdraw the designation 8 of the contract as a small business mentoring program contract. 9 (b) If the department withdraws the designation of a contract as a 10 small business mentoring program contract, the firms, if any, that made 11 offers shall be notified. Invitations to compete containing the same or 12 rewritten specifications and terms shall then be re-issued as a small 13 business mentoring program contract for one or more additional contract 14 periods. 15 4. Construction manager mentors. A mentor shall provide services and 16 assistance to a small business as designated by the department, which 17 may include the following: (a) provide business training in the skills 18 necessary to operate a successful construction business and to compete 19 for and perform a public work contract; 20 (b) provide technical assistance to the small business to assess the 21 outcome if the small business competes for but is not awarded a 22 contract; 23 (c) if the small business mentoring program contract is awarded to the 24 small business, provide guidance, advice and technical assistance to the 25 small business in the performance of the contract; and 26 (d) provide other technical assistance to the small business to facil- 27 itate learning, training and other issues which may arise. 28 5. Aggregate amount. The small business mentoring program contracts 29 authorized by this section shall, for the initial year of the program, 30 be in an aggregate amount of not less than ten million dollars, and 31 shall not exceed one hundred million dollars, with the maximum amount in 32 future years to be set by the department. 33 § 5. 1. The empire state development corporation (hereinafter "corpo- 34 ration") shall develop, establish, and implement a small business 35 mentoring program to provide small businesses with opportunities for 36 public work contracts and assistance in management. 37 2. As used in this section, unless the context requires otherwise: 38 (a) "small business" means a business in the construction trades which 39 (i) is independently owned and operated; (ii) has annual revenues not 40 exceeding a fiscal limitation of five million dollars or such lesser 41 amount as established by the corporation pursuant to these provisions; 42 and (iii) meets additional criteria as otherwise established by the 43 corporation. The corporation shall establish a detailed definition in 44 general and specific to different segments of the construction industry 45 to the extent necessary to reflect differing characteristics of such 46 segments based on the criteria used by the United States small business 47 administration for loans to small businesses as set forth in Sections 48 121.301 through 121.305, or for awarding government procurements as set 49 forth in Sections 121.401 through 121.413, of Subpart A of Part 121 of 50 Chapter I of Title 13 of the Code of Federal Regulations as amended, and 51 such other criteria as determined by the corporation; 52 (b) "small business mentoring program" is a program established by the 53 corporation pursuant to this section to provide small businesses 54 accepted into the program with the opportunity: 55 (i) for up to four years, to compete for and, where awarded, to 56 perform certain corporation public work contracts to be designated byA. 11248 13 1 the corporation for inclusion in this program under this subparagraph, 2 with the assistance of a corporation-provided mentor, which shall be a 3 firm competitively selected by the corporation that has extensive 4 construction management and mentoring experience, with the mentor to 5 provide the small business with advice and assistance in competing for 6 and managing corporation public work contracts; and 7 (ii) for a small business mentoring program participant which the 8 corporation has determined has successfully completed the program under 9 subparagraph (i) of this paragraph, for up to four additional years, (A) 10 additional opportunities to compete with other designated small busi- 11 nesses in the program for certain public work contracts to be designated 12 for inclusion under this subparagraph and, where awarded, to perform 13 such corporation public work contracts, with the further assistance of a 14 corporation-provided mentor, which shall be a firm competitively 15 selected by the corporation that has extensive construction management 16 and mentoring experience, with the mentor to provide the small business 17 with advice and technical assistance in competing for and managing 18 corporation public work contracts, and (B) corporation-provided assist- 19 ance, as determined by the corporation, for such a small business to 20 obtain bonding for public work contracts that are competitively awarded 21 pursuant to provisions of law other than this section; and 22 (c) "small business mentoring program contract" means a non-federally 23 funded corporation public work contract designated by the corporation, 24 in an estimated amount of not more than one million dollars for 25 contracts under subparagraph (i) of paragraph (b) of this subdivision 26 and three million dollars for contracts under subparagraph (ii) of para- 27 graph (b) of this subdivision, for which bids or proposals are to be 28 invited and accepted only from businesses that are enrolled in the small 29 business mentoring program and have been selected by the corporation to 30 compete for the contract. 31 3. Small business mentoring program. (a) In connection with the estab- 32 lishment of the program pursuant to subdivision one of this act, the 33 corporation may determine the criteria pursuant to which a small busi- 34 ness shall be eligible for and selected to participate in the program 35 under subparagraphs (i) and (ii) of paragraph (b) of subdivision two of 36 this section, the number of participants to participate in each such 37 component of the program, the criteria for the competitive selection of 38 the firms that will provide small businesses with mentoring services, 39 the assignment of a mentor to a specific small business in the small 40 business mentoring program, and the funding for the program. 41 (b) Under the small business mentoring program, the corporation is 42 authorized, notwithstanding any other provision of law: 43 (i) to designate which eligible public work contracts shall be small 44 business mentoring program contracts under subparagraphs (i) and (ii) of 45 paragraph (b) of subdivision two of this section, respectively; 46 (ii) to establish standards for qualifying small business mentoring 47 program participants to compete for a small business mentoring program 48 contract, provided that no less than three qualified small businesses in 49 the program must submit responsive offers to perform the contract; 50 (iii) to determine when bids or proposals for a small business mentor- 51 ing program contract should be restricted to small business mentoring 52 program participants which, prior to the receipt of bids or proposals, 53 have been qualified by the corporation for such competition; 54 (iv) to competitively select, designate and contract with one or more 55 experienced construction management firms that, under the general super- 56 vision of the corporation, will provide mentoring services to the smallA. 11248 14 1 businesses participating in the small business mentoring program, and to 2 assign such mentors one or more designated small businesses participat- 3 ing in the program; 4 (v) for small business mentoring program contracts, except as set 5 forth herein, to waive requirements for the solicitation and award of a 6 public work contract pursuant to sections twelve hundred nine, twelve 7 hundred sixty-five-a and twenty-eight hundred seventy-nine of the public 8 authorities law and any other provision of law; 9 (vi) to assist only small business mentoring program participants that 10 have been awarded small business mentoring program contracts to obtain 11 any surety bond or contract of insurance required of them in connection 12 with such contract only notwithstanding any provision of section two 13 thousand five hundred four of the insurance law to the contrary; and 14 (vii) for small businesses that have been accepted into the small 15 business mentoring program under subparagraph (ii) of paragraph (b) of 16 subdivision two of this section, in addition to the benefits of such 17 program and notwithstanding any other provision of law, to provide tech- 18 nical assistance in obtaining bid, payment and performance bonding for 19 corporation public work contracts that are not small business mentoring 20 program contracts, for which the small business is otherwise qualified. 21 (c) Under the small business mentoring program, the corporation shall, 22 notwithstanding any other provision of law: 23 (i) require that thirty percent of all New York state funded contracts 24 over one hundred thousand dollars be awarded to minority and women-owned 25 businesses; 26 (ii) require that eighteen percent of all federal transit adminis- 27 tration funded contracts be awarded to disadvantaged business enter- 28 prises; 29 (iii) require that six percent of all New York state funded contracts 30 be awarded to service disabled veteran-owned businesses; 31 (iv) provide a thirteen-week class at no cost for training in 32 construction and business development for small businesses participating 33 in the program; 34 (v) develop and implement a small business loan program where firms 35 are eligible to obtain loans up to nine hundred thousand dollars per 36 contract; and 37 (vi) develop and implement a program for providing free business 38 plans, legal advice, financial guidance, and administrative and back- 39 office support for small businesses participating in the program. 40 4. Withdrawal of designation of small business mentoring program 41 contracts. (a) If the total number of qualified small business mentoring 42 program participants that respond to a competition and are considered 43 capable of meeting the specifications and terms of the invitation to 44 compete is less than three, or if the corporation determines that 45 acceptance of the best offer will result in the payment of an unreason- 46 able price, the corporation may reject all offers and withdraw the 47 designation of the contract as a small business mentoring program 48 contract. 49 (b) If the corporation withdraws the designation of a contract as a 50 small business mentoring program contract, the firms, if any, that made 51 offers shall be notified. Invitations to compete containing the same or 52 rewritten specifications and terms shall then be re-issued as a small 53 business mentoring program contract for one or more additional contract 54 periods. 55 5. Construction manager mentors. A mentor shall provide services and 56 assistance to a small business as designated by the corporation, whichA. 11248 15 1 may include the following: (a) provide business training in the skills 2 necessary to operate a successful construction business and to compete 3 for and perform a public work contract; 4 (b) provide technical assistance to the small business to assess the 5 outcome if the small business competes for but is not awarded a 6 contract; 7 (c) if the small business mentoring program contract is awarded to the 8 small business, provide guidance, advice and technical assistance to the 9 small business in the performance of the contract; and 10 (d) provide other technical assistance to the small business to facil- 11 itate learning, training and other issues which may arise. 12 6. Aggregate amount. The small business mentoring program contracts 13 authorized by this section shall, for the initial year of the program, 14 be in an aggregate amount of not less than ten million dollars, and 15 shall not exceed one hundred million dollars, with the maximum amount in 16 future years to be set by the corporation. 17 § 6. This act shall take effect on the thirtieth day after it shall 18 have become a law and shall expire December 31, 2022 when upon such date 19 the provisions of this act shall be deemed repealed; provided that such 20 expiration shall not apply to pending and awarded public work contracts 21 and provided further that effective immediately, the addition, amendment 22 and/or repeal of any rule or regulation necessary for the implementation 23 of this act on its effective date are authorized to be made and 24 completed on or before such effective date.
