Provides that an unsuccessful offerer may additionally request a written explanation comparable to such debriefing to be provided by mail or electronic mail, which the state agency shall provide within sixty days of the offerer's request for a written explanation; lengthens the period in which a debriefing shall be requested by the unsuccessful offerer and the length of time in which a state agency must respond from 15 days to 30 days.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9753
SPONSOR: Bichotte Hermelyn TITLE OF BILL:
An act to amend the state finance law, in relation to the debriefing of
certain contracts
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to provide MWBEs which have had bids
rejected with the knowledge they need to secure state contracts in the
future, without the hassel of requesting such information
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 requires the Director of the Division of Minority and Women's
Business Development to promulgate rules regulations requiring all
contracting agencies to promptly provide written and email notice to
unsuccessful bidders that are MWBEs notifying them that they were not
selected and the reasons why, and to disclose the identity of the
successful bidder, offer guidance for improving future proposals, and
advise such MWBE of services and debriefings available to help them with
future proposals, in line with what is afforded to such entities pursu-,
ant to section 163 of the state finance law.
Section 2 establishes the effective date of this act.
JUSTIFICATION:
As we continue to strive towards achieving the 30%. MWBE goal as
outlined by Governor Cuomo, we recognize that there will be times when
an MWBE is denied the opportunity to secure a state contract. However,
we should still find ways to provide education to MWBEs on why they were
not selected so that these capable businesses can take steps to improve
their chances for the future.
With that goal in mind, these explanations should not only clarify the
reasons why an MWBE was rejected, but should also provide recommenda-
tions on how to improve so future consideration is possible as well as
likely. Too often, MWBEs are being turned down from an opportunity but
not being given information and explanation as to why and how to get
better as a business so that they may better serve our fellow New York-
ers.
This bill is a response to S1419, which was vetoed by Governor Kathy
Hochul in 2023. While State agencies stated they did provide notice,
many MWBEs have voiced they have issues with time restrictions and often
are too late to make needed requests. This bill would require state
agencies to inform an unsuccessful bidder of the reasons for rejection
by default, without the information being requested by the MWBE.
PRIOR LEGISLATIVE HISTORY:
2024: New Bill; amended version of 51419
FISCAL IMPLICATION:
To be determined
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become a
law; provided however, that the amendments to article 15-A of the execu-
tive law made by section one of this act shall not affect the expiration
of such article and shall be deemed to expire therewith; provided,
further, that the director of the division of minority and women's busi-
ness development shall be authorized to comuence the rule-making process
required pursuant to section one of this act prior to the effective date
of this act
