Bill Text: NY S03736 | 2021-2022 | 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: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-06-01 - referred to governmental operations [S03736 Detail]

Download: New_York-2021-S03736-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3736

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 30, 2021
                                       ___________

        Introduced  by  Sen.  COMRIE -- 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.
                                                                   LBD08742-01-1