STATE OF NEW YORK
________________________________________________________________________
6877
2015-2016 Regular Sessions
IN ASSEMBLY
April 8, 2015
___________
Introduced by M. of A. BLAKE -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to establishing a
prequalification system for certified minority and women-owned busi-
ness enterprises
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 313 of the executive law is
2 amended by adding a new paragraph (e) to read as follows:
3 (e) establish a prequalification system for certified minority and
4 women-owned business enterprises to ensure such businesses are given the
5 opportunity for maximum feasible participation. Prospective bidders may
6 be prequalified in accordance with general criteria established by the
7 contracting agency which may include, but shall not be limited to, the
8 experience, past performance, ability to undertake the type and complex-
9 ity of work, financial capability, responsibility, compliance with equal
10 employment opportunity requirements and anti-discrimination laws, and
11 reliability. Lists of prequalified bidders may be established on a
12 project-specific basis. Prequalified lists shall include all bidders
13 that qualify; provided, however, that any such list shall have no less
14 than five bidders but shall remain open for all additional qualified
15 bidders. The agency's procedures for prequalifying bidders shall include
16 an appeals process for those denied prequalification or whose prequali-
17 fication is revoked or suspended. The agency may move forward on the
18 contract award during such appeals.
19 § 2. This act shall take effect on the ninetieth day after it shall
20 have become a law; provided, however, that the amendments to subdivision
21 4 of section 313 of the executive law made by section one of this act
22 shall not affect the expiration of such section and shall be deemed to
23 expire therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09757-01-5
