Bill Text: NY S01468 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides for the awarding of state contracts for professional services under the minority and women-owned business enterprise program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO FINANCE [S01468 Detail]

Download: New_York-2019-S01468-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1468
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 15, 2019
                                       ___________
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
        AN ACT to  amend  the  executive  law,  in  relation  to  including  the
          provision  of  professional  services  in the minority and women-owned
          business enterprise program
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  13  of  section 310 of the executive law, as
     2  amended by chapter 506 of the laws of 2009, is amended and a new  subdi-
     3  vision 24 is added to read as follows:
     4    13.  "State  contract" shall mean: (a) a written agreement or purchase
     5  order instrument, providing for a total expenditure in excess  of  twen-
     6  ty-five  thousand  dollars, whereby a contracting agency is committed to
     7  expend or does expend funds in return for labor, services including  but
     8  not  limited  to  legal,  financial  and  other  professional  services,
     9  supplies, equipment, materials or any combination of the  foregoing,  to
    10  be  performed  for,  or rendered or furnished to the contracting agency;
    11  (b) a written agreement, providing for a total expenditure in excess  of
    12  five  thousand  dollars,  whereby  a  contracting agency is committed to
    13  expend or does expend funds in return for professional  services  to  be
    14  performed for, or rendered or furnished to the contracting agency; (c) a
    15  written  agreement  in  excess of one hundred thousand dollars whereby a
    16  contracting agency is committed to expend or does expend funds  for  the
    17  acquisition,  construction,  demolition,  replacement,  major  repair or
    18  renovation of real property and improvements thereon; and  [(c)]  (d)  a
    19  written  agreement in excess of one hundred thousand dollars whereby the
    20  owner of a state assisted housing project is committed to expend or does
    21  expend funds for the acquisition, construction, demolition, replacement,
    22  major repair or renovation of real property and improvements thereon for
    23  such project.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05854-01-9
        S. 1468                             2
     1    24. "Professional services" shall mean the provision  of  service  for
     2  which  the provider of such service is required to hold a license issued
     3  pursuant to title eight of the education law or article fifteen  of  the
     4  judiciary law.
     5    §  2.   Paragraphs (d), (e) and (f) of subdivision 3 of section 311 of
     6  the executive law, paragraphs (d) and (e) as amended by  chapter  55  of
     7  the  laws  of 1992 and paragraph (f) as added by chapter 261 of the laws
     8  of 1988, are amended to read as follows:
     9    (d) to review  periodically  the  practices  and  procedures  of  each
    10  contracting  agency  with  respect  to compliance with the provisions of
    11  this article, and to require them to  file  periodic  reports  with  the
    12  division of minority and women's business development as to the level of
    13  minority  and  women-owned  business  enterprises  participation  in the
    14  awarding of agency contracts for goods [and], services and  professional
    15  services;
    16    (e)  on  January  first  of  each  year report to the governor and the
    17  chairpersons of the senate finance and assembly ways and  means  commit-
    18  tees  on  the  level  of  minority  and women-owned business enterprises
    19  participating in each agency's contracts for goods [and],  services  and
    20  professional services and on activities of the office and effort by each
    21  contracting  agency  to promote employment of minority group members and
    22  women, and to promote and increase participation by certified businesses
    23  with respect to state contracts and subcontracts so as to facilitate the
    24  award of a fair share of state contracts to such businesses.  The  comp-
    25  troller  shall  assist  the  division  in  collecting information on the
    26  participation of certified business for each  contracting  agency.  Such
    27  report  may  recommend  new  activities  and  programs to effectuate the
    28  purposes of this article;
    29    (f) to prepare and update periodically a directory of certified minor-
    30  ity and women-owned business enterprises which shall, wherever practica-
    31  ble,  be  divided  into  categories  of  labor,  services,  professional
    32  services,  supplies,  equipment,  materials  and recognized construction
    33  trades and which shall indicate areas or locations of  the  state  where
    34  such enterprises are available to perform services;
    35    §  3. Paragraph (a) of subdivision 1 of section 312-a of the executive
    36  law, as amended by section 1 of part Q of chapter  58  of  the  laws  of
    37  2015, is amended to read as follows:
    38    (a)  to  determine  whether there is a disparity between the number of
    39  qualified minority and women-owned businesses ready, willing and able to
    40  perform state contracts for commodities, services, professional services
    41  and construction, and the number of such contractors actually engaged to
    42  perform such contracts, and to determine what changes, if any, should be
    43  made to state  policies  affecting  minority  and  women-owned  business
    44  enterprises; and
    45    §  4.  Paragraphs  (j)  and (k) of subdivision 1 of section 313 of the
    46  executive law, as added by chapter 175 of the laws of 2010, are  amended
    47  and two new paragraphs (l) and (m) are added to read as follows:
    48    (j)  overall  agency  total  dollar value of procurement for certified
    49  women-owned business  enterprises:  twelve  and  thirty-nine  hundredths
    50  percent; [and]
    51    (k)  overall  agency  total  dollar value of procurement for certified
    52  minority, women-owned business enterprises: twenty-eight and  ninety-two
    53  hundredths percent[.];
    54    (l) professional services for certified minority-owned business enter-
    55  prises: fifteen percent; and
        S. 1468                             3
     1    (m)  professional  services  for certified women-owned business enter-
     2  prises: fifteen percent.
     3    §  5.  Section  313-a of the executive law, as added by chapter 175 of
     4  the laws of 2010, is amended to read as follows:
     5    § 313-a. Diversity practices of state contractors. The director  shall
     6  promulgate  rules  and regulations setting forth measures and procedures
     7  to require all contracting agencies,  where  practicable,  feasible  and
     8  appropriate, to assess the diversity practices of contractors submitting
     9  bids or proposals in connection with the award of a state contract. Such
    10  rules  and regulations shall take into account: the nature of the labor,
    11  services, professional services, supplies, equipment or materials  being
    12  procured  by  the state agency; the method of procurement required to be
    13  used by a state agency to award the contract  and  minority  and  women-
    14  owned  business  utilization  plans required to be submitted pursuant to
    15  sections three hundred twelve and three hundred thirteen of  this  arti-
    16  cle;  and such other factors as the director deems appropriate or neces-
    17  sary to promote the award of state contracts to contractors having sound
    18  diversity practices. Such assessment shall not in  any  way  permit  the
    19  automatic  rejection  of a bid or procurement contract proposal based on
    20  lack of adherence to diversity practices. Each bid or proposal shall  be
    21  analyzed  on  an  individual  per  bid  or  per  proposal basis with the
    22  contractor's diversity practices considered as only a part  of  a  wider
    23  consideration  of  several  factors when deciding to award or decline to
    24  award a bid or proposal. The director shall develop the rules and  regu-
    25  lations  required  hereunder  only  after  consultation  with  the state
    26  procurement council established by section one hundred sixty-one of  the
    27  state finance law.
    28    §  6. This act shall take effect on the first of January next succeed-
    29  ing the date on which it shall have become  a  law;  provided  that  the
    30  amendments  to  article  15-A of the executive law made by sections one,
    31  two, three, four and five of this act, shall not affect  the  expiration
    32  of  such article and shall expire therewith.  Effective immediately, the
    33  addition, amendment and/or repeal of any rule  or  regulation  necessary
    34  for  the implementation of this act on its effective date are authorized
    35  to be made and completed on or before such effective date.