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A09753 Summary:

BILL NOA09753
 
SAME ASSAME AS S08498-A
 
SPONSORBichotte Hermelyn
 
COSPNSR
 
MLTSPNSR
 
Amd 163, St Fin L
 
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.
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A09753 Actions:

BILL NOA09753
 
04/03/2024referred to governmental operations
05/09/2024enacting clause stricken
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A09753 Memo:

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
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