Add §1678-b, Pub Auth L; add §204, Exec L; add §411, Pub Health L; add §23, Transp L
 
Establishes small business mentoring programs in the dormitory authority of the state of New York, office of general services, department of health, department of transportation, and the empire state development corporation.
STATE OF NEW YORK
________________________________________________________________________
11248
IN ASSEMBLY
June 18, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Bichotte) --
read once and referred to the Committee on Governmental Operations
AN ACT to amend the public authorities law, the executive law, the
public health law, and the transportation law, in relation to estab-
lishing small business mentoring programs; and providing for the
repeal of such provisions upon the expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public authorities law is amended by adding a new
2 section 1678-b to read as follows:
3 § 1678-b. Dormitory authority small business mentoring program. 1.
4 Definitions. As used in this section, unless the context requires other-
5 wise:
6 (a) "small business" means a business in the construction trades which
7 (i) is independently owned and operated; (ii) has annual revenues not
8 exceeding a fiscal limitation of five million dollars or such lesser
9 amount as established by the authority pursuant to these provisions; and
10 (iii) meets additional criteria as otherwise established by the authori-
11 ty. The authority shall establish a detailed definition in general and
12 specific to different segments of the construction industry to the
13 extent necessary to reflect differing characteristics of such segments
14 based on the criteria used by the United States small business adminis-
15 tration for loans to small businesses as set forth in Sections 121.301
16 through 121.305, or for awarding government procurements as set forth in
17 Sections 121.401 through 121.413, of Subpart A of Part 121 of Chapter I
18 of Title 13 of the Code of Federal Regulations as amended, and such
19 other criteria as determined by the authority;
20 (b) "small business mentoring program" is a program established by the
21 authority pursuant to this section to provide small businesses accepted
22 into the program with the opportunity:
23 (i) for up to four years, to compete for and, where awarded, to
24 perform certain authority public work contracts to be designated by the
25 authority for inclusion in this program under this subparagraph, with
26 the assistance of an authority-provided mentor, which shall be a firm
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15521-01-8
A. 11248 2
1 competitively selected by the authority that has extensive construction
2 management and mentoring experience, with the mentor to provide the
3 small business with advice and assistance in competing for and managing
4 authority public work contracts; and
5 (ii) for a small business mentoring program participant which the
6 authority has determined has successfully completed the program under
7 subparagraph (i) of this paragraph, for up to four additional years, (A)
8 additional opportunities to compete with other designated small busi-
9 nesses in the program for certain public work contracts to be designated
10 for inclusion under this subparagraph and, where awarded, to perform
11 such authority public work contracts, with the further assistance of an
12 authority-provided mentor, which shall be a firm competitively selected
13 by the authority that has extensive construction management and mentor-
14 ing experience, with the mentor to provide the small business with
15 advice and technical assistance in competing for and managing authority
16 public work contracts, and (B) authority-provided assistance, as deter-
17 mined by the authority, for such a small business to obtain bonding for
18 public work contracts that are competitively awarded pursuant to
19 provisions of law other than this section; and
20 (c) "small business mentoring program contract" means a non-federally
21 funded authority public work contract designated by the authority, in an
22 estimated amount of not more than one million dollars for contracts
23 under subparagraph (i) of paragraph (b) of this subdivision and three
24 million dollars for contracts under subparagraph (ii) of paragraph (b)
25 of this subdivision, for which bids or proposals are to be invited and
26 accepted only from businesses that are enrolled in the small business
27 mentoring program and have been selected by the authority to compete for
28 the contract.
29 2. Small business mentoring program. (a) Pursuant to this section, the
30 authority shall establish a small business mentoring program. In
31 connection therewith, the authority may determine the criteria pursuant
32 to which a small business shall be eligible for and selected to partic-
33 ipate in the program under subparagraphs (i) and (ii) of paragraph (b)
34 of subdivision one of this section, the number of participants to
35 participate in each such component of the program, the criteria for the
36 competitive selection of the firms that will provide small businesses
37 with mentoring services, the assignment of a mentor to a specific small
38 business in the small business mentoring program, and the funding for
39 the program.
40 (b) Under the small business mentoring program, the authority is
41 authorized, notwithstanding any other provision of law:
42 (i) to designate which eligible public work contracts shall be small
43 business mentoring program contracts under subparagraphs (i) and (ii) of
44 paragraph (b) of subdivision one of this section, respectively;
45 (ii) to establish standards for qualifying small business mentoring
46 program participants to compete for a small business mentoring program
47 contract, provided that no less than three qualified small businesses in
48 the program must submit responsive offers to perform the contract;
49 (iii) to determine when bids or proposals for a small business mentor-
50 ing program contract should be restricted to small business mentoring
51 program participants which, prior to the receipt of bids or proposals,
52 have been qualified by the authority for such competition;
53 (iv) to competitively select, designate and contract with one or more
54 experienced construction management firms that, under the general super-
55 vision of the authority, will provide mentoring services to the small
56 businesses participating in the small business mentoring program, and to
A. 11248 3
1 assign such mentors one or more designated small businesses participat-
2 ing in the program;
3 (v) for small business mentoring program contracts, except as set
4 forth herein, to waive requirements for the solicitation and award of a
5 public work contract pursuant to sections twelve hundred nine, twelve
6 hundred sixty-five-a and twenty-eight hundred seventy-nine of this chap-
7 ter and any other provision of law;
8 (vi) to assist only small business mentoring program participants that
9 have been awarded small business mentoring program contracts to obtain
10 any surety bond or contract of insurance required of them in connection
11 with such contract only notwithstanding any provision of section two
12 thousand five hundred four of the insurance law to the contrary; and
13 (vii) for small businesses that have been accepted into the small
14 business mentoring program under subparagraph (ii) of paragraph (b) of
15 subdivision one of this section, in addition to the benefits of such
16 program and notwithstanding any other provision of law, to provide tech-
17 nical assistance in obtaining bid, payment and performance bonding for
18 authority public work contracts that are not small business mentoring
19 program contracts, for which the small business is otherwise qualified.
20 (c) Under the small business mentoring program, the authority shall,
21 notwithstanding any other provision of law:
22 (i) require that thirty percent of all New York state funded contracts
23 over one hundred thousand dollars be awarded to minority and women-owned
24 businesses;
25 (ii) require that eighteen percent of all federal transit adminis-
26 tration funded contracts be awarded to disadvantaged business enter-
27 prises;
28 (iii) require that six percent of all New York state funded contracts
29 be awarded to service disabled veteran-owned businesses;
30 (iv) provide a thirteen-week class at no cost for training on
31 construction and business development;
32 (v) develop and implement a small business loan program where firms
33 are eligible to obtain loans up to nine hundred thousand dollars per
34 contract; and
35 (vi) develop and implement a program for providing free business
36 plans, legal advice, financial guidance, and administrative and back-
37 office support for small businesses participating in the program.
38 3. Withdrawal of designation of small business mentoring program
39 contracts. (a) If the total number of qualified small business mentoring
40 program participants that respond to a competition and are considered
41 capable of meeting the specifications and terms of the invitation to
42 compete is less than three, or if the authority determines that accept-
43 ance of the best offer will result in the payment of an unreasonable
44 price, the authority may reject all offers and withdraw the designation
45 of the contract as a small business mentoring program contract.
46 (b) If the authority withdraws the designation of a contract as a
47 small business mentoring program contract, the firms, if any, that made
48 offers shall be notified. Invitations to compete containing the same or
49 rewritten specifications and terms shall then be re-issued as a small
50 business mentoring program contract for one or more additional contract
51 periods.
52 4. Construction manager mentors. A mentor shall provide services and
53 assistance to a small business as designated by the authority, which may
54 include the following: (a) provide business training in the skills
55 necessary to operate a successful construction business and to compete
56 for and perform a public work contract;
A. 11248 4
1 (b) provide technical assistance to the small business to assess the
2 outcome if the small business competes for but is not awarded a
3 contract;
4 (c) if the small business mentoring program contract is awarded to the
5 small business, provide guidance, advice and technical assistance to the
6 small business in the performance of the contract; and
7 (d) provide other technical assistance to the small business to facil-
8 itate learning, training and other issues which may arise.
9 5. Aggregate amount. The small business mentoring program contracts
10 authorized by this section shall, for the initial year of the program,
11 be in an aggregate amount of not less than ten million dollars, and
12 shall not exceed one hundred million dollars, with the maximum amount in
13 future years to be set by the authority.
14 § 2. The executive law is amended by adding a new section 204 to read
15 as follows:
16 § 204. Office of general services small business mentoring program. 1.
17 Definitions. As used in this section, unless the context requires other-
18 wise:
19 (a) "small business" means a business in the construction trades which
20 (i) is independently owned and operated; (ii) has annual revenues not
21 exceeding a fiscal limitation of five million dollars or such lesser
22 amount as established by the office of general services pursuant to
23 these provisions; and (iii) meets additional criteria as otherwise
24 established by the office of general services. The office of general
25 services shall establish a detailed definition in general and specific
26 to different segments of the construction industry to the extent neces-
27 sary to reflect differing characteristics of such segments based on the
28 criteria used by the United States small business administration for
29 loans to small businesses as set forth in Sections 121.301 through
30 121.305, or for awarding government procurements as set forth in
31 Sections 121.401 through 121.413, of Subpart A of Part 121 of Chapter I
32 of Title 13 of the Code of Federal Regulations as amended, and such
33 other criteria as determined by the office of general services;
34 (b) "small business mentoring program" is a program established by the
35 office of general services pursuant to this section to provide small
36 businesses accepted into the program with the opportunity:
37 (i) for up to four years, to compete for and, where awarded, to
38 perform certain office of general services public work contracts to be
39 designated by the office of general services for inclusion in this
40 program under this subparagraph, with the assistance of an office of
41 general services-provided mentor, which shall be a firm competitively
42 selected by the office of general services that has extensive
43 construction management and mentoring experience, with the mentor to
44 provide the small business with advice and assistance in competing for
45 and managing office of general services public work contracts; and
46 (ii) for a small business mentoring program participant which the
47 office of general services has determined has successfully completed the
48 program under subparagraph (i) of this paragraph, for up to four addi-
49 tional years, (A) additional opportunities to compete with other desig-
50 nated small businesses in the program for certain public work contracts
51 to be designated for inclusion under this subparagraph and, where
52 awarded, to perform such office of general services public work
53 contracts, with the further assistance of an office of general servic-
54 es-provided mentor, which shall be a firm competitively selected by the
55 office of general services that has extensive construction management
56 and mentoring experience, with the mentor to provide the small business
A. 11248 5
1 with advice and technical assistance in competing for and managing
2 office of general services public work contracts, and (B) office of
3 general services-provided assistance, as determined by the office of
4 general services, for such a small business to obtain bonding for public
5 work contracts that are competitively awarded pursuant to provisions of
6 law other than this section;
7 (c) "small business mentoring program contract" means a non-federally
8 funded office of general services public work contract designated by the
9 office of general services, in an estimated amount of not more than one
10 million dollars for contracts under subparagraph (i) of paragraph (b) of
11 this subdivision and three million dollars for contracts under subpara-
12 graph (ii) of paragraph (b) of this subdivision, for which bids or
13 proposals are to be invited and accepted only from businesses that are
14 enrolled in the small business mentoring program and have been selected
15 by the office of general services to compete for the contract.
16 2. Small business mentoring program. (a) Pursuant to this section, the
17 office of general services shall establish a small business mentoring
18 program. In connection therewith, the office of general services may
19 determine the criteria pursuant to which a small business shall be
20 eligible for and selected to participate in the program under subpara-
21 graphs (i) and (ii) of paragraph (b) of subdivision one of this section,
22 the number of participants to participate in each such component of the
23 program, the criteria for the competitive selection of the firms that
24 will provide small businesses with mentoring services, the assignment of
25 a mentor to a specific small business in the small business mentoring
26 program, and the funding for the program.
27 (b) Under the small business mentoring program, the office of general
28 services is authorized, notwithstanding any other provision of law:
29 (i) to designate which eligible public work contracts shall be small
30 business mentoring program contracts under subparagraphs (i) and (ii) of
31 paragraph (b) of subdivision one of this section, respectively;
32 (ii) to establish standards for qualifying small business mentoring
33 program participants to compete for a small business mentoring program
34 contract, provided that no less than three qualified small businesses in
35 the program must submit responsive offers to perform the contract;
36 (iii) to determine when bids or proposals for a small business mentor-
37 ing program contract should be restricted to small business mentoring
38 program participants which, prior to the receipt of bids or proposals,
39 have been qualified by the office of general services for such competi-
40 tion;
41 (iv) to competitively select, designate and contract with one or more
42 experienced construction management firms that, under the general super-
43 vision of the office of general services, will provide mentoring
44 services to the small businesses participating in the small business
45 mentoring program, and to assign such mentors one or more designated
46 small businesses participating in the program;
47 (v) for small business mentoring program contracts, except as set
48 forth herein, to waive requirements for the solicitation and award of a
49 public work contract pursuant to sections twelve hundred nine, twelve
50 hundred sixty-five-a and twenty-eight hundred seventy-nine of the public
51 authorities law and any other provision of law;
52 (vi) to assist only small business mentoring program participants that
53 have been awarded small business mentoring program contracts to obtain
54 any surety bond or contract of insurance required of them in connection
55 with such contract only notwithstanding any provision of section two
56 thousand five hundred four of the insurance law to the contrary; and
A. 11248 6
1 (vii) for small businesses that have been accepted into the small
2 business mentoring program under subparagraph (ii) of paragraph (b) of
3 subdivision one of this section, in addition to the benefits of such
4 program and notwithstanding any other provision of law, to provide tech-
5 nical assistance in obtaining bid, payment and performance bonding for
6 office of general services public work contracts that are not small
7 business mentoring program contracts, for which the small business is
8 otherwise qualified.
9 (c) Under the small business mentoring program, the office of general
10 services shall, notwithstanding any other provision of law:
11 (i) require that thirty percent of all New York state funded contracts
12 over one hundred thousand dollars be awarded to minority and women-owned
13 businesses;
14 (ii) require that eighteen percent of all federal transit adminis-
15 tration funded contracts be awarded to disadvantaged business enter-
16 prises;
17 (iii) require that six percent of all New York state funded contracts
18 be awarded to service disabled veteran-owned businesses;
19 (iv) provide a thirteen-week class at no cost for training on
20 construction and business development;
21 (v) develop and implement a small business loan program where firms
22 are eligible to obtain loans up to nine hundred thousand dollars per
23 contract; and
24 (vi) develop and implement a program for providing free business
25 plans, legal advice, financial guidance, and administrative and back-
26 office for support small businesses participating in the program.
27 3. Withdrawal of designation of small business mentoring program
28 contracts. (a) If the total number of qualified small business mentoring
29 program participants that respond to a competition and are considered
30 capable of meeting the specifications and terms of the invitation to
31 compete is less than three, or if the office of general services deter-
32 mines that acceptance of the best offer will result in the payment of an
33 unreasonable price, the office of general services may reject all offers
34 and withdraw the designation of the contract as a small business mentor-
35 ing program contract.
36 (b) If the office of general services withdraws the designation of a
37 contract as a small business mentoring program contract, the firms, if
38 any, that made offers shall be notified. Invitations to compete contain-
39 ing the same or rewritten specifications and terms shall then be re-is-
40 sued as a small business mentoring program contract for one or more
41 additional contract periods.
42 4. Construction manager mentors. A mentor shall provide services and
43 assistance to a small business as designated by the office of general
44 services, which may include the following: (a) provide business training
45 in the skills necessary to operate a successful construction business
46 and to compete for and perform a public work contract;
47 (b) provide technical assistance to the small business to assess the
48 outcome if the small business competes for but is not awarded a
49 contract;
50 (c) if the small business mentoring program contract is awarded to the
51 small business, provide guidance, advice and technical assistance to the
52 small business in the performance of the contract; and
53 (d) provide other technical assistance to the small business to facil-
54 itate learning, training and other issues which may arise.
55 5. Aggregate amount. The small business mentoring program contracts
56 authorized by this section shall, for the initial year of the program,
A. 11248 7
1 be in an aggregate amount of not less than ten million dollars, and
2 shall not exceed one hundred million dollars, with the maximum amount in
3 future years to be set by the office of general services.
4 § 3. The public health law is amended by adding a new section 411 to
5 read as follows:
6 § 411. Department of health small business mentoring program. 1.
7 Definitions. As used in this section, unless the context requires other-
8 wise:
9 (a) "small business" means a business in the construction trades which
10 (i) is independently owned and operated; (ii) has annual revenues not
11 exceeding a fiscal limitation of five million dollars or such lesser
12 amount as established by the department pursuant to these provisions;
13 and (iii) meets additional criteria as otherwise established by the
14 department. The department shall establish a detailed definition in
15 general and specific to different segments of the construction industry
16 to the extent necessary to reflect differing characteristics of such
17 segments based on the criteria used by the United States small business
18 administration for loans to small businesses as set forth in Sections
19 121.301 through 121.305, or for awarding government procurements as set
20 forth in Sections 121.401 through 121.413, of Subpart A of Part 121 of
21 Chapter I of Title 13 of the Code of Federal Regulations as amended, and
22 such other criteria as determined by the department;
23 (b) "small business mentoring program" is a program established by the
24 department pursuant to these provisions to provide small businesses
25 accepted into the program with the opportunity:
26 (i) for up to four years, to compete for and, where awarded, to
27 perform certain department public work contracts to be designated by the
28 department for inclusion in this program under this subparagraph, with
29 the assistance of a department-provided mentor, which shall be a firm
30 competitively selected by the department that has extensive construction
31 management and mentoring experience, with the mentor to provide the
32 small business with advice and assistance in competing for and managing
33 department public work contracts; and
34 (ii) for a small business mentoring program participant which the
35 department has determined has successfully completed the program under
36 subparagraph (i) of this paragraph, for up to four additional years, (A)
37 additional opportunities to compete with other designated small busi-
38 nesses in the program for certain public work contracts to be designated
39 for inclusion under this subparagraph and, where awarded, to perform
40 such department public work contracts, with the further assistance of a
41 department-provided mentor, which shall be a firm competitively selected
42 by the department that has extensive construction management and mentor-
43 ing experience, with the mentor to provide the small business with
44 advice and technical assistance in competing for and managing department
45 public work contracts, and (B) department-provided assistance, as deter-
46 mined by the department, for such a small business to obtain bonding for
47 public work contracts that are competitively awarded pursuant to
48 provisions of law other than this section.
49 (c) "small business mentoring program contract" means a non-federally
50 funded department public work contract designated by the department, in
51 an estimated amount of not more than one million dollars for contracts
52 under subparagraph (i) of paragraph (b) of this subdivision and three
53 million dollars for contracts under subparagraph (ii) of paragraph (b)
54 of this subdivision, for which bids or proposals are to be invited and
55 accepted only from businesses that are enrolled in the small business
A. 11248 8
1 mentoring program and have been selected by the department to compete
2 for the contract.
3 2. Small business mentoring program. (a) Pursuant to this section, the
4 department shall establish a small business mentoring program. In
5 connection therewith, the department may determine the criteria pursuant
6 to which a small business shall be eligible for and selected to partic-
7 ipate in the program under subparagraphs (i) and (ii) of paragraph (b)
8 of subdivision one of this section, the number of participants to
9 participate in each such component of the program, the criteria for the
10 competitive selection of the firms that will provide small businesses
11 with mentoring services, the assignment of a mentor to a specific small
12 business in the small business mentoring program, and the funding for
13 the program.
14 (b) Under the small business mentoring program, the department is
15 authorized, notwithstanding any other provision of law:
16 (i) to designate which eligible public work contracts shall be small
17 business mentoring program contracts under subparagraphs (i) and (ii) of
18 paragraph (b) of subdivision one of this section, respectively;
19 (ii) to establish standards for qualifying small business mentoring
20 program participants to compete for a small business mentoring program
21 contract, provided that no less than three qualified small businesses in
22 the program must submit responsive offers to perform the contract;
23 (iii) to determine when bids or proposals for a small business mentor-
24 ing program contract should be restricted to small business mentoring
25 program participants which, prior to the receipt of bids or proposals,
26 have been qualified by the department for such competition;
27 (iv) to competitively select, designate and contract with one or more
28 experienced construction management firms that, under the general super-
29 vision of the department, will provide mentoring services to the small
30 businesses participating in the small business mentoring program, and to
31 assign such mentors one or more designated small businesses participat-
32 ing in the program;
33 (v) for small business mentoring program contracts, except as set
34 forth herein, to waive requirements for the solicitation and award of a
35 public work contract pursuant to sections twelve hundred nine, twelve
36 hundred sixty-five-a and twenty-eight hundred seventy-nine of the public
37 authorities law and any other provision of law;
38 (vi) to assist only small business mentoring program participants that
39 have been awarded small business mentoring program contracts to obtain
40 any surety bond or contract of insurance required of them in connection
41 with such contract only notwithstanding any provision of section two
42 thousand five hundred four of the insurance law to the contrary; and
43 (vii) for small businesses that have been accepted into the small
44 business mentoring program under subparagraph (ii) of paragraph (b) of
45 subdivision one of this section, in addition to the benefits of such
46 program and notwithstanding any other provision of law, to provide tech-
47 nical assistance in obtaining bid, payment and performance bonding for
48 department public work contracts that are not small business mentoring
49 program contracts, for which the small business is otherwise qualified.
50 (c) Under the small business mentoring program, the department shall,
51 notwithstanding any other provision of law:
52 (i) require that thirty percent of all New York state funded contracts
53 over one hundred thousand dollars be awarded to minority and women-owned
54 businesses;
A. 11248 9
1 (ii) require that eighteen percent of all federal transit adminis-
2 tration funded contracts be awarded to disadvantaged business enter-
3 prises;
4 (iii) require that six percent of all New York state funded contracts
5 be awarded to service disabled veteran-owned businesses;
6 (iv) provide a thirteen-week class at no cost for training in
7 construction and business development for small businesses participating
8 in the program;
9 (v) develop and implement a small business loan program where firms
10 are eligible to obtain loans up to nine hundred thousand dollars per
11 contract; and
12 (vi) develop and implement a program for providing free business
13 plans, legal advice, financial guidance, and administrative and back-
14 office support for small businesses participating in the program.
15 3. Withdrawal of designation of small business mentoring program
16 contracts. (a) If the total number of qualified small business mentoring
17 program participants that respond to a competition and are considered
18 capable of meeting the specifications and terms of the invitation to
19 compete is less than three, or if the department determines that accept-
20 ance of the best offer will result in the payment of an unreasonable
21 price, the department may reject all offers and withdraw the designation
22 of the contract as a small business mentoring program contract.
23 (b) If the department withdraws the designation of a contract as a
24 small business mentoring program contract, the firms, if any, that made
25 offers shall be notified. Invitations to compete containing the same or
26 rewritten specifications and terms shall then be re-issued as a small
27 business mentoring program contract for one or more additional contract
28 periods.
29 4. Construction manager mentors. A mentor shall provide services and
30 assistance to a small business as designated by the department, which
31 may include the following: (a) provide business training in the skills
32 necessary to operate a successful construction business and to compete
33 for and perform a public work contract;
34 (b) provide technical assistance to the small business to assess the
35 outcome if the small business competes for but is not awarded a
36 contract;
37 (c) if the small business mentoring program contract is awarded to the
38 small business, provide guidance, advice and technical assistance to the
39 small business in the performance of the contract; and
40 (d) provide other technical assistance to the small business to facil-
41 itate learning, training and other issues which may arise.
42 5. Aggregate amount. The small business mentoring program contracts
43 authorized by this legislation shall, for the initial year of the
44 program, be in an aggregate amount of not less than ten million dollars,
45 and shall not exceed one hundred million dollars, with the maximum
46 amount in future years to be set by the department.
47 § 4. The transportation law is amended by adding a new section 23 to
48 read as follows:
49 § 23. Department of transportation small business mentoring program.
50 1. Definitions. As used in this section, unless the context requires
51 otherwise:
52 (a) "small business" means a business in the construction trades which
53 (i) is independently owned and operated; (ii) has annual revenues not
54 exceeding a fiscal limitation of five million dollars or such lesser
55 amount as established by the department pursuant to these provisions;
56 and (iii) meets additional criteria as otherwise established by the
A. 11248 10
1 department. The department shall establish a detailed definition in
2 general and specific to different segments of the construction industry
3 to the extent necessary to reflect differing characteristics of such
4 segments based on the criteria used by the United States small business
5 administration for loans to small businesses as set forth in Sections
6 121.301 through 121.305, or for awarding government procurements as set
7 forth in Sections 121.401 through 121.413, of Subpart A of Part 121 of
8 Chapter I of Title 13 of the Code of Federal Regulations as amended, and
9 such other criteria as determined by the department;
10 (b) "small business mentoring program" is a program established by the
11 department pursuant to this section to provide small businesses accepted
12 into the program with the opportunity:
13 (i) for up to four years, to compete for and, where awarded, to
14 perform certain department public work contracts, including but not
15 limited to contracts for thruway and bridge projects, to be designated
16 by the department for inclusion in this program under this subparagraph,
17 with the assistance of a department-provided mentor, which shall be a
18 firm competitively selected by the department that has extensive
19 construction management and mentoring experience, with the mentor to
20 provide the small business with advice and assistance in competing for
21 and managing department public work contracts; and
22 (ii) for a small business mentoring program participant which the
23 department has determined has successfully completed the program under
24 subparagraph (i) of this paragraph, for up to four additional years, (A)
25 additional opportunities to compete with other designated small busi-
26 nesses in the program for certain public work contracts to be designated
27 for inclusion under this subparagraph and, where awarded, to perform
28 such department public work contracts, with the further assistance of a
29 department-provided mentor, which shall be a firm competitively selected
30 by the department that has extensive construction management and mentor-
31 ing experience, with the mentor to provide the small business with
32 advice and technical assistance in competing for and managing department
33 public work contracts, and (B) department-provided assistance, as deter-
34 mined by the department, for such a small business to obtain bonding for
35 public work contracts that are competitively awarded pursuant to
36 provisions of law other than this section.
37 (c) "small business mentoring program contract" means a non-federally
38 funded department public work contract designated by the department, in
39 an estimated amount of not more than one million dollars for contracts
40 under subparagraph (i) of paragraph (b) of this subdivision and three
41 million dollars for contracts under subparagraph (ii) of paragraph (b)
42 of this subdivision, for which bids or proposals are to be invited and
43 accepted only from businesses that are enrolled in the small business
44 mentoring program and have been selected by the department to compete
45 for the contract.
46 2. Small business mentoring program. (a) Pursuant to this section, the
47 department shall establish a small business mentoring program. In
48 connection therewith, the department may determine the criteria pursuant
49 to which a small business shall be eligible for and selected to partic-
50 ipate in the program under subparagraphs (i) and (ii) of paragraph (b)
51 of subdivision one of this section, the number of participants to
52 participate in each such component of the program, the criteria for the
53 competitive selection of the firms that will provide small businesses
54 with mentoring services, the assignment of a mentor to a specific small
55 business in the small business mentoring program, and the funding for
56 the program.
A. 11248 11
1 (b) Under the small business mentoring program, the department is
2 authorized, notwithstanding any other provision of law:
3 (i) to designate which eligible public work contracts shall be small
4 business mentoring program contracts under subparagraphs (i) and (ii) of
5 paragraph (b) of subdivision one of this section, respectively;
6 (ii) to establish standards for qualifying small business mentoring
7 program participants to compete for a small business mentoring program
8 contract, provided that no less than three qualified small businesses in
9 the program must submit responsive offers to perform the contract;
10 (iii) to determine when bids or proposals for a small business mentor-
11 ing program contract should be restricted to small business mentoring
12 program participants which, prior to the receipt of bids or proposals,
13 have been qualified by the department for such competition;
14 (iv) to competitively select, designate and contract with one or more
15 experienced construction management firms that, under the general super-
16 vision of the department, will provide mentoring services to the small
17 businesses participating in the small business mentoring program, and to
18 assign such mentors one or more designated small businesses participat-
19 ing in the program;
20 (v) for small business mentoring program contracts, except as set
21 forth herein, to waive requirements for the solicitation and award of a
22 public work contract pursuant to sections twelve hundred nine, twelve
23 hundred sixty-five-a and twenty-eight hundred seventy-nine of the public
24 authorities law and any other provision of law;
25 (vi) to assist only small business mentoring program participants that
26 have been awarded small business mentoring program contracts to obtain
27 any surety bond or contract of insurance required of them in connection
28 with such contract only notwithstanding any provision of section two
29 thousand five hundred four of the insurance law to the contrary; and
30 (vii) for small businesses that have been accepted into the small
31 business mentoring program under subparagraph (ii) of paragraph (b) of
32 subdivision one of this section, in addition to the benefits of such
33 program and notwithstanding any other provision of law, to provide tech-
34 nical assistance in obtaining bid, payment and performance bonding for
35 department public work contracts that are not small business mentoring
36 program contracts, for which the small business is otherwise qualified.
37 (c) Under the small business mentoring program, the department shall,
38 notwithstanding any other provision of law:
39 (i) require that thirty percent of all New York state funded contracts
40 over one hundred thousand dollars be awarded to minority and women-owned
41 businesses;
42 (ii) require that eighteen percent of all federal transit adminis-
43 tration funded contracts be awarded to disadvantaged business enter-
44 prises;
45 (iii) require that six percent of all New York state funded contracts
46 be awarded to service disabled veteran-owned businesses;
47 (iv) provide a thirteen-week class at no cost for training in
48 construction and business development for small businesses participating
49 in the program;
50 (v) develop and implement a small business loan program where firms
51 are eligible to obtain loans up to nine hundred thousand dollars per
52 contract; and
53 (vi) develop and implement a program for providing free business
54 plans, legal advice, financial guidance, and administrative and back-
55 office support for small businesses participating in the program.
A. 11248 12
1 3. Withdrawal of designation of small business mentoring program
2 contracts. (a) If the total number of qualified small business mentoring
3 program participants that respond to a competition and are considered
4 capable of meeting the specifications and terms of the invitation to
5 compete is less than three, or if the department determines that accept-
6 ance of the best offer will result in the payment of an unreasonable
7 price, the department may reject all offers and withdraw the designation
8 of the contract as a small business mentoring program contract.
9 (b) If the department withdraws the designation of a contract as a
10 small business mentoring program contract, the firms, if any, that made
11 offers shall be notified. Invitations to compete containing the same or
12 rewritten specifications and terms shall then be re-issued as a small
13 business mentoring program contract for one or more additional contract
14 periods.
15 4. Construction manager mentors. A mentor shall provide services and
16 assistance to a small business as designated by the department, which
17 may include the following: (a) provide business training in the skills
18 necessary to operate a successful construction business and to compete
19 for and perform a public work contract;
20 (b) provide technical assistance to the small business to assess the
21 outcome if the small business competes for but is not awarded a
22 contract;
23 (c) if the small business mentoring program contract is awarded to the
24 small business, provide guidance, advice and technical assistance to the
25 small business in the performance of the contract; and
26 (d) provide other technical assistance to the small business to facil-
27 itate learning, training and other issues which may arise.
28 5. Aggregate amount. The small business mentoring program contracts
29 authorized by this section shall, for the initial year of the program,
30 be in an aggregate amount of not less than ten million dollars, and
31 shall not exceed one hundred million dollars, with the maximum amount in
32 future years to be set by the department.
33 § 5. 1. The empire state development corporation (hereinafter "corpo-
34 ration") shall develop, establish, and implement a small business
35 mentoring program to provide small businesses with opportunities for
36 public work contracts and assistance in management.
37 2. As used in this section, unless the context requires otherwise:
38 (a) "small business" means a business in the construction trades which
39 (i) is independently owned and operated; (ii) has annual revenues not
40 exceeding a fiscal limitation of five million dollars or such lesser
41 amount as established by the corporation pursuant to these provisions;
42 and (iii) meets additional criteria as otherwise established by the
43 corporation. The corporation shall establish a detailed definition in
44 general and specific to different segments of the construction industry
45 to the extent necessary to reflect differing characteristics of such
46 segments based on the criteria used by the United States small business
47 administration for loans to small businesses as set forth in Sections
48 121.301 through 121.305, or for awarding government procurements as set
49 forth in Sections 121.401 through 121.413, of Subpart A of Part 121 of
50 Chapter I of Title 13 of the Code of Federal Regulations as amended, and
51 such other criteria as determined by the corporation;
52 (b) "small business mentoring program" is a program established by the
53 corporation pursuant to this section to provide small businesses
54 accepted into the program with the opportunity:
55 (i) for up to four years, to compete for and, where awarded, to
56 perform certain corporation public work contracts to be designated by
A. 11248 13
1 the corporation for inclusion in this program under this subparagraph,
2 with the assistance of a corporation-provided mentor, which shall be a
3 firm competitively selected by the corporation that has extensive
4 construction management and mentoring experience, with the mentor to
5 provide the small business with advice and assistance in competing for
6 and managing corporation public work contracts; and
7 (ii) for a small business mentoring program participant which the
8 corporation has determined has successfully completed the program under
9 subparagraph (i) of this paragraph, for up to four additional years, (A)
10 additional opportunities to compete with other designated small busi-
11 nesses in the program for certain public work contracts to be designated
12 for inclusion under this subparagraph and, where awarded, to perform
13 such corporation public work contracts, with the further assistance of a
14 corporation-provided mentor, which shall be a firm competitively
15 selected by the corporation that has extensive construction management
16 and mentoring experience, with the mentor to provide the small business
17 with advice and technical assistance in competing for and managing
18 corporation public work contracts, and (B) corporation-provided assist-
19 ance, as determined by the corporation, for such a small business to
20 obtain bonding for public work contracts that are competitively awarded
21 pursuant to provisions of law other than this section; and
22 (c) "small business mentoring program contract" means a non-federally
23 funded corporation public work contract designated by the corporation,
24 in an estimated amount of not more than one million dollars for
25 contracts under subparagraph (i) of paragraph (b) of this subdivision
26 and three million dollars for contracts under subparagraph (ii) of para-
27 graph (b) of this subdivision, for which bids or proposals are to be
28 invited and accepted only from businesses that are enrolled in the small
29 business mentoring program and have been selected by the corporation to
30 compete for the contract.
31 3. Small business mentoring program. (a) In connection with the estab-
32 lishment of the program pursuant to subdivision one of this act, the
33 corporation may determine the criteria pursuant to which a small busi-
34 ness shall be eligible for and selected to participate in the program
35 under subparagraphs (i) and (ii) of paragraph (b) of subdivision two of
36 this section, the number of participants to participate in each such
37 component of the program, the criteria for the competitive selection of
38 the firms that will provide small businesses with mentoring services,
39 the assignment of a mentor to a specific small business in the small
40 business mentoring program, and the funding for the program.
41 (b) Under the small business mentoring program, the corporation is
42 authorized, notwithstanding any other provision of law:
43 (i) to designate which eligible public work contracts shall be small
44 business mentoring program contracts under subparagraphs (i) and (ii) of
45 paragraph (b) of subdivision two of this section, respectively;
46 (ii) to establish standards for qualifying small business mentoring
47 program participants to compete for a small business mentoring program
48 contract, provided that no less than three qualified small businesses in
49 the program must submit responsive offers to perform the contract;
50 (iii) to determine when bids or proposals for a small business mentor-
51 ing program contract should be restricted to small business mentoring
52 program participants which, prior to the receipt of bids or proposals,
53 have been qualified by the corporation for such competition;
54 (iv) to competitively select, designate and contract with one or more
55 experienced construction management firms that, under the general super-
56 vision of the corporation, will provide mentoring services to the small
A. 11248 14
1 businesses participating in the small business mentoring program, and to
2 assign such mentors one or more designated small businesses participat-
3 ing in the program;
4 (v) for small business mentoring program contracts, except as set
5 forth herein, to waive requirements for the solicitation and award of a
6 public work contract pursuant to sections twelve hundred nine, twelve
7 hundred sixty-five-a and twenty-eight hundred seventy-nine of the public
8 authorities law and any other provision of law;
9 (vi) to assist only small business mentoring program participants that
10 have been awarded small business mentoring program contracts to obtain
11 any surety bond or contract of insurance required of them in connection
12 with such contract only notwithstanding any provision of section two
13 thousand five hundred four of the insurance law to the contrary; and
14 (vii) for small businesses that have been accepted into the small
15 business mentoring program under subparagraph (ii) of paragraph (b) of
16 subdivision two of this section, in addition to the benefits of such
17 program and notwithstanding any other provision of law, to provide tech-
18 nical assistance in obtaining bid, payment and performance bonding for
19 corporation public work contracts that are not small business mentoring
20 program contracts, for which the small business is otherwise qualified.
21 (c) Under the small business mentoring program, the corporation shall,
22 notwithstanding any other provision of law:
23 (i) require that thirty percent of all New York state funded contracts
24 over one hundred thousand dollars be awarded to minority and women-owned
25 businesses;
26 (ii) require that eighteen percent of all federal transit adminis-
27 tration funded contracts be awarded to disadvantaged business enter-
28 prises;
29 (iii) require that six percent of all New York state funded contracts
30 be awarded to service disabled veteran-owned businesses;
31 (iv) provide a thirteen-week class at no cost for training in
32 construction and business development for small businesses participating
33 in the program;
34 (v) develop and implement a small business loan program where firms
35 are eligible to obtain loans up to nine hundred thousand dollars per
36 contract; and
37 (vi) develop and implement a program for providing free business
38 plans, legal advice, financial guidance, and administrative and back-
39 office support for small businesses participating in the program.
40 4. Withdrawal of designation of small business mentoring program
41 contracts. (a) If the total number of qualified small business mentoring
42 program participants that respond to a competition and are considered
43 capable of meeting the specifications and terms of the invitation to
44 compete is less than three, or if the corporation determines that
45 acceptance of the best offer will result in the payment of an unreason-
46 able price, the corporation may reject all offers and withdraw the
47 designation of the contract as a small business mentoring program
48 contract.
49 (b) If the corporation withdraws the designation of a contract as a
50 small business mentoring program contract, the firms, if any, that made
51 offers shall be notified. Invitations to compete containing the same or
52 rewritten specifications and terms shall then be re-issued as a small
53 business mentoring program contract for one or more additional contract
54 periods.
55 5. Construction manager mentors. A mentor shall provide services and
56 assistance to a small business as designated by the corporation, which
A. 11248 15
1 may include the following: (a) provide business training in the skills
2 necessary to operate a successful construction business and to compete
3 for and perform a public work contract;
4 (b) provide technical assistance to the small business to assess the
5 outcome if the small business competes for but is not awarded a
6 contract;
7 (c) if the small business mentoring program contract is awarded to the
8 small business, provide guidance, advice and technical assistance to the
9 small business in the performance of the contract; and
10 (d) provide other technical assistance to the small business to facil-
11 itate learning, training and other issues which may arise.
12 6. Aggregate amount. The small business mentoring program contracts
13 authorized by this section shall, for the initial year of the program,
14 be in an aggregate amount of not less than ten million dollars, and
15 shall not exceed one hundred million dollars, with the maximum amount in
16 future years to be set by the corporation.
17 § 6. This act shall take effect on the thirtieth day after it shall
18 have become a law and shall expire December 31, 2022 when upon such date
19 the provisions of this act shall be deemed repealed; provided that such
20 expiration shall not apply to pending and awarded public work contracts
21 and provided further that effective immediately, the addition, amendment
22 and/or repeal of any rule or regulation necessary for the implementation
23 of this act on its effective date are authorized to be made and
24 completed on or before such effective date.