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.
STATE OF NEW YORK
________________________________________________________________________
3861
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Governmental Operations
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.
LBD03559-01-3
