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
________________________________________________________________________
11025
IN ASSEMBLY
May 31, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Bichotte,
Peoples-Stokes) -- (at request of the Dormitory Authority of the State
of New York) -- read once and referred to the Committee on Govern-
mental 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 to the maximum dollar amount spec-
5 ified 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/or
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 eighty-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 two thousand eight hundred seventy-nine of the public authori-
18 ties law, with participation in the pilot program reserved exclusively
19 to small businesses, as defined in section one hundred thirty-one of the
20 economic development law, and/or minority-owned and women-owned business
21 enterprises, as defined in section three hundred ten of the executive
22 law.
23 (b) Procurements made pursuant to this subdivision shall be designated
24 as such by the authority, in its sole discretion. Such designation shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14384-01-8
A. 11025 2
1 be made prior to the advertisement and request for bids or proposals,
2 and any such advertisement or request shall indicate this designation
3 clearly.
4 (c) If the total number of parties responding and considered capable
5 of meeting the specifications and terms of the advertisement and request
6 for bids or proposals is less than three, or if the authority determines
7 that acceptance of any bid or proposal will result in the payment of an
8 unreasonable price, the authority shall reject all responses and with-
9 draw the designation made pursuant to paragraph (b) of this subdivision.
10 (d) Procurements made pursuant to this subdivision may be undertaken
11 in conjunction with section one hundred forty-seven of the state finance
12 law authorizing a mentor-protege program to foster long-term relation-
13 ships between approved mentor firms and small business concerns and
14 minority and women-owned businesses certified pursuant to article
15 fifteen-A of the executive law.
16 (e) The total value of contracts awarded pursuant to this subdivision
17 shall not exceed the greater of twenty million dollars or five percent
18 of the value of all contracts awarded by the authority in a given fiscal
19 year.
20 § 2. This act shall take effect immediately and shall expire July 1,
21 2022 when upon such date the provisions of this act shall be deemed
22 repealed.
