Relates to the award of contracts to small businesses, minority-owned business enterprises and women-owned business enterprises; provides for the repeal of such provisions upon expiration thereof.
STATE OF NEW YORK
________________________________________________________________________
7795
2019-2020 Regular Sessions
IN ASSEMBLY
May 22, 2019
___________
Introduced by M. of A. BICHOTTE -- (at request of the Dormitory Authori-
ty of the State of New York) -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the public authorities law, in relation to the award of
contracts to small businesses, minority-owned business enterprises and
women-owned business enterprises; and providing for the repeal of such
provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1678 of the public authorities law is amended by
2 adding a new subdivision 29 to read as follows:
3 29. Notwithstanding any law to the contrary, to establish a pilot
4 program for the award of contracts up the maximum dollar amount speci-
5 fied in paragraph (e) of this subdivision, for the procurement of goods
6 or services from, or for the construction, reconstruction, rehabili-
7 tation or improvement of facilities by, small businesses as defined in
8 section one hundred thirty-one of the economic development law and
9 minority-owned and women-owned business enterprises as defined in
10 section three hundred ten of the executive law, notwithstanding the
11 expiration of such section pursuant to subdivision (h) of section one
12 hundred twenty-one of chapter two hundred sixty-one of the laws of nine-
13 teen hundred eight-eight, as amended, in accordance with the following
14 provisions:
15 (a) Procurements made pursuant to this subdivision shall be governed
16 by the authority's procurement policy and guidelines adopted pursuant to
17 section twenty-eight hundred seventy-nine of this chapter, with partic-
18 ipation in the pilot program confined to small businesses, as defined in
19 section one hundred thirty-one of the economic development law, and
20 minority-owned and women-owned business enterprises, as defined in
21 section three hundred ten of the executive law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09731-01-9
A. 7795 2
1 (b) Procurements made pursuant to this subdivision shall be designated
2 as such by the authority, in its sole discretion, pursuant to pre-es-
3 tablished criteria contained in the authority's procurement and policy
4 guidelines described in paragraph (a) of this subdivision. Such desig-
5 nation shall be made prior to the advertisement and request for bids or
6 proposals, and any such advertisement or request shall indicate this
7 designation clearly.
8 (c) If the total number of parties responding and considered capable
9 of meeting the specifications and terms of the advertisement and request
10 for bids or proposals is less than three, or if the authority determines
11 that acceptance of any bid or proposal will result in the payment of an
12 unreasonable price, the authority shall reject all responses and with-
13 draw the designation made pursuant to paragraph (b) of this subdivision.
14 (d) Procurements made pursuant to this subdivision may be undertaken
15 in conjunction with section one hundred forty-seven of the state finance
16 law authorizing a mentor-protege program to foster long-term relation-
17 ships between approved mentor firms and small business concerns and
18 minority and women-owned businesses certified pursuant to article
19 fifteen-A of the executive law.
20 (e) The total value of contracts awarded pursuant to this subdivision
21 shall not exceed the greater of twenty million dollars or five percent
22 of the value of all contracts awarded by the authority in a given fiscal
23 year.
24 § 2. This act shall take effect immediately and shall expire July 1,
25 2023 when upon such date the provisions of this act shall be deemed
26 repealed.
