Bill Text: NY S05282 | 2015-2016 | General Assembly | Amended

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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 (Republican 1-0)

Status: (Introduced - Dead) 2016-06-02 - PRINT NUMBER 5282A [S05282 Detail]

Download: New_York-2015-S05282-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5282--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                      May 12, 2015
                                       ___________
        Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance -- recommitted  to
          the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
        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-a to read as follows:
     3    2-a.  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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09720-03-6
        S. 5282--A                          2
     1  the  expiration of such article and shall be deemed to expire therewith;
     2  provided, further, that the director of the  division  of  minority  and
     3  women's  business  development shall be authorized to commence the rule-
     4  making process required pursuant to section one of this act prior to the
     5  effective date of this act.