Relates to requiring third party oversight over the state's contracting agency's procurement procedure specific to the use of minority- and women-owned businesses.
STATE OF NEW YORK
________________________________________________________________________
7172
2025-2026 Regular Sessions
IN SENATE
April 3, 2025
___________
Introduced by Sen. CLEARE -- 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 third party oversight
for state contracts involving minority and women-owned businesses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 316-b
2 to read as follows:
3 § 316-b. Third party oversight. 1. A third party entity not employed,
4 engaged in business with or holding office in New York state shall be
5 selected by the legislature and confirmed by the chief diversity offi-
6 cer, as defined in section four-a of this chapter, through a request for
7 proposal process to oversee each contracting agency's procurement proce-
8 dure for contracts made directly or indirectly to minority and women-
9 owned businesses.
10 2. Each contracting agency shall submit the following information to
11 such third party entity on a quarterly basis:
12 (a) total agency procurement including from which industry under
13 subdivision one of section three hundred thirteen of this article each
14 contract is categorized;
15 (b) upcoming confirmed and proposed procurement opportunities includ-
16 ing estimated overall cost and steps taken or to be taken in order to
17 ensure maximum feasible participation of minority and women-owned busi-
18 ness;
19 (c) a list of all bids for each contract including a list of all
20 contractors, known subcontractors, and whether any or all qualify as a
21 minority or women-owned business; and
22 (d) a list of all contractor's awarded waivers with supporting
23 documentation illustrating such contractor's good faith effort to comply
24 with the criteria outlined in subdivision seven of section three hundred
25 thirteen of this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03986-01-5
S. 7172 2
1 3. Such third party entity shall develop an evaluation system that
2 clearly delineates and compares each agency's utilization of minority
3 and women-owned businesses and the established procurement goals
4 outlined in subdivision one of section three hundred thirteen of this
5 article.
6 4. Such third party entity shall report annually on the fifteenth day
7 of May directly to the governor, temporary president of the senate and
8 speaker of the assembly the collective findings from the past year's
9 quarterly submissions. Additionally, such report shall be made available
10 on the empire state development division of minority and women's busi-
11 ness development website for public review.
12 § 2. This act shall take effect immediately and shall expire on the
13 same date and in the same manner as article 15-A of the executive law
14 pursuant to subdivision (h) of section 121 of chapter 261 of the laws of
15 1988, as amended.
