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A09708 Summary:

BILL NOA09708A
 
SAME ASNo Same As
 
SPONSORBichotte
 
COSPNSRGottfried, Solages, Cook, Seawright, Mosley, Walker, Hooper, Robinson, Hyndman
 
MLTSPNSRBrennan, Davila, Englebright, Simon
 
Amd 313 & 311, Exec L
 
Relates to the publication of information regarding waivers of compliance with state contract provisions concerning minority and women-owned business enterprise participation requirements.
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A09708 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9708--A
 
                   IN ASSEMBLY
 
                                      April 5, 2016
                                       ___________
 
        Introduced  by  M.  of A. BICHOTTE, GOTTFRIED, SOLAGES, COOK, SEAWRIGHT,
          MOSLEY, WALKER, HOOPER, ROBINSON, HYNDMAN -- Multi-Sponsored by --  M.
          of A. BRENNAN, DAVILA, ENGLEBRIGHT, SIMON -- read once and referred to
          the Committee on Governmental Operations -- committee discharged, bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the executive, in relation to the publication of  infor-
          mation  regarding waivers of compliance with state contract provisions
          concerning minority and women-owned business enterprise  participation
          requirements
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 6 of section  313  of  the  executive  law,  as
     2  amended  by  chapter  175  of  the  laws  of 2010, is amended to read as
     3  follows:
     4    6. (a) Where it appears that a contractor cannot, after a  good  faith
     5  effort,  comply  with  the  minority and women-owned business enterprise
     6  participation requirements set forth in a particular state  contract,  a
     7  contractor  may  file  a written application with the contracting agency
     8  requesting a partial or total waiver of such requirements setting  forth
     9  the  reasons  for  such contractor's inability to meet any or all of the
    10  participation requirements together with an explanation of  the  efforts
    11  undertaken  by the contractor to obtain the required minority and women-
    12  owned business enterprise participation. In implementing the  provisions
    13  of  this  section,  the contracting agency shall consider the number and
    14  types of minority and women-owned business enterprises  located  in  the
    15  region  in which the state contract is to be performed, the total dollar
    16  value of the state contract, the scope of work to be performed  and  the
    17  project size and term. If, based on such considerations, the contracting
    18  agency  determines there is not a reasonable availability of contractors
    19  on the list of certified business to furnish services for  the  project,
    20  it  shall issue a waiver of compliance to the contractor. In making such
    21  determination, the contracting agency shall first  consider  the  avail-
    22  ability  of  other  business enterprises located in the region and shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14601-03-6

        A. 9708--A                          2
 
     1  thereafter consider the financial ability of  minority  and  women-owned
     2  businesses  located  outside  the  region in which the contract is to be
     3  performed to perform the state contract.
     4    (b) Within thirty days of the issuance of a partial or total waiver of
     5  compliance  as  provided  in  paragraph  (a)  of  this  subdivision, the
     6  contracting agency shall:
     7    (i) report the issuance of the waiver to the director; and
     8    (ii) publish on the contracting agency's  website:    (A)  information
     9  identifying  the  contract, including the value of the contract; (B) the
    10  name of the contractor receiving the waiver; (C) the date of the waiver;
    11  (D) whether the waiver was a  total  or  partial  waiver;  and  (E)  the
    12  specific contract provisions to which the waiver applies.
    13    §  2.  Paragraphs  (h)  and (i) of subdivision 3 of section 311 of the
    14  executive law, paragraph (h) as amended and paragraph (i)  as  added  by
    15  section  1 of part BB of chapter 59 of the laws of 2006, are amended and
    16  a new paragraph (j) is added to read as follows:
    17    (h) notwithstanding the provisions of section two  hundred  ninety-six
    18  of  this  chapter,  to  file  a  complaint pursuant to the provisions of
    19  section two hundred ninety-seven of this chapter where the director  has
    20  knowledge  that  a  contractor may have violated the provisions of para-
    21  graph (a), (b) or (c) of subdivision one of section two hundred  ninety-
    22  six  of  this  chapter  where  such  violation is unrelated, separate or
    23  distinct from the state contract as expressed by its terms; [and]
    24    (i) to streamline the state certification process  to  accept  federal
    25  and municipal corporation certifications[.]; and
    26    (j)  to  keep  a  record  of  partial  and total waivers of compliance
    27  reported pursuant to paragraph (b) of subdivision six of  section  three
    28  hundred thirteen of this article and to make such record publicly avail-
    29  able on the division's website.  The record shall provide, at a minimum:
    30  (A)  information  identifying  the  contract, including the value of the
    31  contract; (B) information identifying the contracting  agency;  (C)  the
    32  name  of  the  contractor  receiving the waiver; and (D) the date of the
    33  waiver.
    34    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    35  have become a law; provided, however, that:
    36    a.  the  amendments made to subdivision 6 of section 313 of the execu-
    37  tive law by section one of this act shall not affect the  expiration  of
    38  such section and shall be deemed expired therewith;
    39    b.  the  amendments made to subdivision 3 of section 311 of the execu-
    40  tive law by section two of this act shall not affect the  expiration  of
    41  such section and shall be deemed expired therewith; and
    42    c.  the  director  of  the  division  of minority and women's business
    43  development may immediately promulgate rules and  regulations  and  take
    44  all  other  necessary actions to implement the provisions of this act on
    45  or before such effective date.
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