STATE OF NEW YORK
________________________________________________________________________
6987--A
2015-2016 Regular Sessions
IN ASSEMBLY
April 16, 2015
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Governmental Operations -- recommitted to the Committee
on Governmental Operations in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the executive law, in relation to including the
provision of professional services in the minority and women-owned
business enterprise program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 13 of section 310 of the executive law, as
2 amended by chapter 506 of the laws of 2009, is amended and a new subdi-
3 vision 24 is added to read as follows:
4 13. "State contract" shall mean: (a) a written agreement or purchase
5 order instrument, providing for a total expenditure in excess of twen-
6 ty-five thousand dollars, whereby a contracting agency is committed to
7 expend or does expend funds in return for labor, services including but
8 not limited to legal, financial and other professional services,
9 supplies, equipment, materials or any combination of the foregoing, to
10 be performed for, or rendered or furnished to the contracting agency;
11 (b) a written agreement, providing for a total expenditure in excess of
12 five thousand dollars, whereby a contracting agency is committed to
13 expend or does expend funds in return for professional services to be
14 performed for, or rendered or furnished to the contracting agency; (c) a
15 written agreement in excess of one hundred thousand dollars whereby a
16 contracting agency is committed to expend or does expend funds for the
17 acquisition, construction, demolition, replacement, major repair or
18 renovation of real property and improvements thereon; and [(c)] (d) a
19 written agreement in excess of one hundred thousand dollars whereby the
20 owner of a state assisted housing project is committed to expend or does
21 expend funds for the acquisition, construction, demolition, replacement,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00346-03-6
A. 6987--A 2
1 major repair or renovation of real property and improvements thereon for
2 such project.
3 24. "Professional services" shall mean the provision of service for
4 which the provider of such service is required to hold a license issued
5 pursuant to title eight of the education law or article fifteen of the
6 judiciary law.
7 § 2. Paragraphs (d), (e) and (f) of subdivision 3 of section 311 of
8 the executive law, paragraphs (d) and (e) as amended by chapter 55 of
9 the laws of 1992 and paragraph (f) as added by chapter 261 of the laws
10 of 1988, are amended to read as follows:
11 (d) to review periodically the practices and procedures of each
12 contracting agency with respect to compliance with the provisions of
13 this article, and to require them to file periodic reports with the
14 division of minority and women's business development as to the level of
15 minority and women-owned business enterprises participation in the
16 awarding of agency contracts for goods [and], services and professional
17 services;
18 (e) on January first of each year report to the governor and the
19 chairpersons of the senate finance and assembly ways and means commit-
20 tees on the level of minority and women-owned business enterprises
21 participating in each agency's contracts for goods [and], services and
22 professional services and on activities of the office and effort by each
23 contracting agency to promote employment of minority group members and
24 women, and to promote and increase participation by certified businesses
25 with respect to state contracts and subcontracts so as to facilitate the
26 award of a fair share of state contracts to such businesses. The comp-
27 troller shall assist the division in collecting information on the
28 participation of certified business for each contracting agency. Such
29 report may recommend new activities and programs to effectuate the
30 purposes of this article;
31 (f) to prepare and update periodically a directory of certified minor-
32 ity and women-owned business enterprises which shall, wherever practica-
33 ble, be divided into categories of labor, services, professional
34 services, supplies, equipment, materials and recognized construction
35 trades and which shall indicate areas or locations of the state where
36 such enterprises are available to perform services;
37 § 3. Paragraph (a) of subdivision 1 of section 312-a of the executive
38 law, as amended by section 1 of part Q of chapter 58 of the laws of
39 2015, is amended to read as follows:
40 (a) to determine whether there is a disparity between the number of
41 qualified minority and women-owned businesses ready, willing and able to
42 perform state contracts for commodities, services, professional services
43 and construction, and the number of such contractors actually engaged to
44 perform such contracts, and to determine what changes, if any, should be
45 made to state policies affecting minority and women-owned business
46 enterprises; and
47 § 4. Paragraphs (j) and (k) of subdivision 1 of section 313 of the
48 executive law, as added by chapter 175 of the laws of 2010, are amended
49 and two new paragraphs (l) and (m) are added to read as follows:
50 (j) overall agency total dollar value of procurement for certified
51 women-owned business enterprises: twelve and thirty-nine hundredths
52 percent; [and]
53 (k) overall agency total dollar value of procurement for certified
54 minority, women-owned business enterprises: twenty-eight and ninety-two
55 hundredths percent[.];
A. 6987--A 3
1 (l) professional services for certified minority-owned business enter-
2 prises: fifteen percent; and
3 (m) professional services for certified women-owned business enter-
4 prises: fifteen percent.
5 § 5. Section 313-a of the executive law, as added by chapter 175 of
6 the laws of 2010, is amended to read as follows:
7 § 313-a. Diversity practices of state contractors. The director shall
8 promulgate rules and regulations setting forth measures and procedures
9 to require all contracting agencies, where practicable, feasible and
10 appropriate, to assess the diversity practices of contractors submitting
11 bids or proposals in connection with the award of a state contract. Such
12 rules and regulations shall take into account: the nature of the labor,
13 services, professional services, supplies, equipment or materials being
14 procured by the state agency; the method of procurement required to be
15 used by a state agency to award the contract and minority and women-
16 owned business utilization plans required to be submitted pursuant to
17 sections three hundred twelve and three hundred thirteen of this arti-
18 cle; and such other factors as the director deems appropriate or neces-
19 sary to promote the award of state contracts to contractors having sound
20 diversity practices. Such assessment shall not in any way permit the
21 automatic rejection of a bid or procurement contract proposal based on
22 lack of adherence to diversity practices. Each bid or proposal shall be
23 analyzed on an individual per bid or per proposal basis with the
24 contractor's diversity practices considered as only a part of a wider
25 consideration of several factors when deciding to award or decline to
26 award a bid or proposal. The director shall develop the rules and regu-
27 lations required hereunder only after consultation with the state
28 procurement council established by section one hundred sixty-one of the
29 state finance law.
30 § 6. This act shall take effect on the first of January next succeed-
31 ing the date on which it shall have become a law; provided that the
32 amendments to article 15-A of the executive law made by sections one,
33 two, three, four and five of this act, shall not affect the expiration
34 of such article and shall expire therewith. Provided, further, that,
35 effective immediately, any rules and regulations necessary to implement
36 the provisions of this act on its effective date are authorized and
37 directed to be completed on or before such date.
