Bill Text: NY S01419 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to requiring agencies to provide unsuccessful bidders that are certified minority- and women-owned business enterprises with a written statement of the completion of the procurement selection process and that such enterprise was not selected.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Vetoed) 2023-12-08 - VETOED MEMO.98 [S01419 Detail]

Download: New_York-2023-S01419-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1419

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 11, 2023
                                       ___________

        Introduced  by  Sens. COMRIE, LIU -- 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, in relation to requiring agencies to
          provide unsuccessful bidders that are certified  minority  and  women-
          owned  business  enterprises with a written statement articulating the
          reasons for such rejection

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

     1    Section 1. Section 315 of the executive law is amended by adding a new
     2  subdivision 2-b to read as follows:
     3    2-b.  The  director  shall promulgate rules and regulations to require
     4  all contracting agencies to  promptly  provide  written  notice  to  all
     5  unsuccessful  bidders  that  are certified minority-owned or women-owned
     6  business enterprises advising such enterprises of the  completion  of  a
     7  procurement selection process and that such enterprise was not selected.
     8  Such  notice  shall  also  (a)  disclose  the identity of the successful
     9  bidder or bidders; (b) advise such enterprise, to the  extent  practica-
    10  ble,  of  the reasons for not being selected; (c) include, to the extent
    11  practicable, guidance concerning methods of improving  future  proposals
    12  or  bids  by such enterprise; (d) advise such enterprise, if applicable,
    13  of the opportunity to request  a  debriefing  pursuant  to  section  one
    14  hundred sixty-three of the state finance law; and (e) inform such enter-
    15  prise  of  the  services  available through the division of minority and
    16  women's business development and the office of the minority  and  women-
    17  owned business enterprise statewide advocate.
    18    §  2.  This  act shall take effect on the ninetieth day after it shall
    19  have become a law; provided however, that the amendments to article 15-A
    20  of the executive law made by section one of this act  shall  not  affect
    21  the  expiration of such article and shall be deemed to expire therewith;
    22  provided, further, that the director of the  division  of  minority  and
    23  women's  business  development shall be authorized to commence the rule-
    24  making process required pursuant to section one of this act prior to the
    25  effective date of this act.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03559-01-3