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
________________________________________________________________________
4686
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
___________
Introduced by M. of A. BLAKE, PEOPLES-STOKES, MOSLEY, COOK, JOYNER,
SEAWRIGHT -- Multi-Sponsored by -- M. of A. THIELE -- read once and
referred to the Committee on Governmental Operations
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01755-01-9
A. 4686 2
1 with the criteria outlined in subdivision seven of section three hundred
2 thirteen of this article.
3 3. Such third party entity shall develop an evaluation system that
4 clearly delineates and compares each agency's utilization of minority
5 and women-owned businesses and the established procurement goals
6 outlined in subdivision one of section three hundred thirteen of this
7 article.
8 4. Such third party entity shall report annually on the fifteenth day
9 of May directly to the governor, temporary president of the senate and
10 speaker of the assembly the collective findings from the past year's
11 quarterly submissions. Additionally, such report shall be made available
12 on the empire state development division of minority and women's busi-
13 ness development website for public review.
14 § 2. This act shall take effect immediately and shall expire on the
15 same date and in the same manner as article 15-A of the executive law
16 pursuant to subdivision (h) of section 121 of chapter 261 of the laws of
17 1988, as amended.
