Relates to requiring agencies to provide unsuccessful bidders that are certified minority- and women-owned business enterprises with a written statement of the completion of the procurement selection process and that such enterprise was not selected.
STATE OF NEW YORK
________________________________________________________________________
3736
2021-2022 Regular Sessions
IN SENATE
January 30, 2021
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Procurement and Contracts
AN ACT to amend the executive law, in relation to requiring agencies to
provide unsuccessful bidders that are certified minority and women-
owned business enterprises with a written statement articulating the
reasons for such rejection
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 315 of the executive law is amended by adding a new
2 subdivision 2-b to read as follows:
3 2-b. The director shall promulgate rules and regulations to require
4 all contracting agencies to promptly provide written notice to all
5 unsuccessful bidders that are certified minority-owned or women-owned
6 business enterprises advising such enterprises of the completion of a
7 procurement selection process and that such enterprise was not selected.
8 Such notice shall also (a) disclose the identity of the successful
9 bidder or bidders; (b) advise such enterprise, to the extent practica-
10 ble, of the reasons for not being selected; (c) include, to the extent
11 practicable, guidance concerning methods of improving future proposals
12 or bids by such enterprise; (d) advise such enterprise, if applicable,
13 of the opportunity to request a debriefing pursuant to section one
14 hundred sixty-three of the state finance law; and (e) inform such enter-
15 prise of the services available through the division of minority and
16 women's business development and the office of the minority and women-
17 owned business enterprise statewide advocate.
18 § 2. This act shall take effect on the ninetieth day after it shall
19 have become a law; provided however, that the amendments to article 15-A
20 of the executive law made by section one of this act shall not affect
21 the expiration of such article and shall be deemed to expire therewith;
22 provided, further, that the director of the division of minority and
23 women's business development shall be authorized to commence the rule-
24 making process required pursuant to section one of this act prior to the
25 effective date of this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08742-01-1
