Bill Text: NY A00240 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires utilization of minority and women-owned business enterprises as subcontractors as a condition when awarding sole source procurement contracts; relates to the issuance of waivers of the obligation to comply with the minority and women-owned business enterprise participation requirements of a contract if such contract is a single source or sole source procurement contract; requires municipalities to require contract award recipients to utilize the services of minority and women-owned business enterprises; makes conforming changes.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2018-01-03 - referred to governmental operations [A00240 Detail]
Download: New_York-2017-A00240-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 240 2017-2018 Regular Sessions IN ASSEMBLY January 5, 2017 ___________ Introduced by M. of A. BICHOTTE -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the state finance law, in relation to requiring utiliza- tion of minority and women-owned business enterprises as subcontrac- tors as a condition when awarding sole source procurement contracts; to amend the executive law, in relation to the issuance of waivers of the obligation to comply with the minority and women-owned business enterprise participation requirements of a contract if such contract is a single source or sole source procurement contract; to amend the general municipal law, in relation to requiring municipalities to require contract award recipients to utilize the services of minority and women-owned business enterprises; to amend the executive law, in relation to making conforming changes; and providing for the repeal of certain 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. Paragraph b of subdivision 10 of section 163 of the state 2 finance law is amended by adding a new subparagraph (iii) to read as 3 follows: 4 (iii) All single source or sole source procurement contracts made 5 pursuant to the provisions of this paragraph shall require that the 6 award recipient comply with the provisions of article fifteen-A of the 7 executive law relating to minority and women-owned business enterprise 8 participation when contracting with subcontractors. 9 § 2. Subdivision 6 of section 313 of the executive law, as amended by 10 chapter 175 of the laws of 2010, is amended to read as follows: 11 6. (a) Where it appears that a contractor cannot, after a good faith 12 effort, comply with the minority and women-owned business enterprise 13 participation requirements set forth in a particular state contract, a 14 contractor may file a written application with the contracting agency 15 requesting a partial or total waiver of such requirements setting forth EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02128-01-7A. 240 2 1 the reasons for such contractor's inability to meet any or all of the 2 participation requirements together with an explanation of the efforts 3 undertaken by the contractor to obtain the required minority and women- 4 owned business enterprise participation. In implementing the provisions 5 of this section, the contracting agency shall consider the number and 6 types of minority and women-owned business enterprises located in the 7 region in which the state contract is to be performed, the total dollar 8 value of the state contract, the scope of work to be performed and the 9 project size and term. If, based on such considerations, the contracting 10 agency determines there is not a reasonable availability of contractors 11 on the list of certified business to furnish services for the project, 12 it shall issue a waiver of compliance to the contractor. In making such 13 determination, the contracting agency shall first consider the avail- 14 ability of other business enterprises located in the region and shall 15 thereafter consider the financial ability of minority and women-owned 16 businesses located outside the region in which the contract is to be 17 performed to perform the state contract. 18 (b) A contracting agency shall not issue a total waiver of the obli- 19 gation to comply with the minority and women-owned business enterprise 20 participation requirements of a contract if such contract is a single 21 source or sole source procurement contract as described in section one 22 hundred sixty-three of the state finance law; provided, however, that if 23 the contracting agency determines there is not a reasonable availability 24 of contractors on the list of certified business to furnish services for 25 the project, the contracting agency may issue a partial waiver of 26 compliance to the contractor. 27 § 3. Section 103 of the general municipal law is amended by adding a 28 new subdivision 17 to read as follows: 29 17. All contracts awarded pursuant to the provisions of this section, 30 including single source or sole source procurement contracts, shall 31 require the contract recipient to comply with the provisions of section 32 three hundred thirteen of the executive law, to the extent that such 33 provisions apply; provided, however, that a contract recipient granted a 34 waiver of compliance as provided in section three hundred thirteen of 35 the executive law shall be deemed to be in compliance with such 36 provisions. 37 § 4. Subdivisions 2, 3 and 13 of section 310 of the executive law, 38 subdivisions 2 and 3 as added by chapter 261 of the laws of 1988 and 39 subdivision 13 as amended by chapter 506 of the laws of 2009, are 40 amended to read as follows: 41 2. "Contracting agency" shall mean; (a) a state agency which is a 42 party or a proposed party to a state contract or, in the case of a state 43 contract described in paragraph (c) of subdivision thirteen of this 44 section, shall mean the New York state housing finance agency, housing 45 trust fund corporation or affordable housing corporation, whichever has 46 made or proposes to make the grant or loan for the state assisted hous- 47 ing project; and (b) a municipality which is a party or a proposed party 48 to a municipal contract. 49 3. "Contractor" shall mean an individual, a business enterprise, 50 including a sole proprietorship, a partnership, a corporation, a not- 51 for-profit corporation, or any other party to a state or municipal 52 contract, or a bidder in conjunction with the award of a state or munic- 53 ipal contract or a proposed party to a state or municipal contract. 54 13. "State contract" shall mean: (a) a written agreement or purchase 55 order instrument, providing for a total expenditure in excess of twen- 56 ty-five thousand dollars, whereby a contracting agency is committed toA. 240 3 1 expend or does expend funds in return for labor, services including but 2 not limited to legal, financial and other professional services, 3 supplies, equipment, materials or any combination of the foregoing, to 4 be performed for, or rendered or furnished to the contracting agency; 5 (b) a written agreement in excess of one hundred thousand dollars where- 6 by a contracting agency is committed to expend or does expend funds for 7 the acquisition, construction, demolition, replacement, major repair or 8 renovation of real property and improvements thereon; and (c) a written 9 agreement in excess of one hundred thousand dollars whereby the owner of 10 a state assisted housing project is committed to expend or does expend 11 funds for the acquisition, construction, demolition, replacement, major 12 repair or renovation of real property and improvements thereon for such 13 project. For the purposes of this article, "state contract" shall 14 include municipal contracts as described in subdivision twenty-four of 15 this section. 16 § 5. Section 310 of the executive law is amended by adding a new 17 subdivision 24 to read as follows: 18 24. "Municipal contract" shall mean: (a) a written agreement or 19 purchase order instrument, providing for a total expenditure in excess 20 of twenty-five thousand dollars, whereby a municipal contracting agency 21 is committed to expend or does expend funds in return for labor, 22 services including but not limited to legal, financial and other profes- 23 sional services, supplies, equipment, materials or any combination of 24 the foregoing, to be performed for, or rendered or furnished to the 25 municipal contracting agency; (b) a written agreement in excess of one 26 hundred thousand dollars whereby a municipal contracting agency is 27 committed to expend or does expend funds for the acquisition, 28 construction, demolition, replacement, major repair or renovation of 29 real property and improvements thereon; and (c) a written agreement in 30 excess of one hundred thousand dollars whereby the owner of a municipal 31 assisted housing project is committed to expend or does expend funds for 32 the acquisition, construction, demolition, replacement, major repair or 33 renovation of real property and improvements thereon for such project. 34 § 6. This act shall take effect immediately; provided, however, that 35 section three of this act shall expire on the same date and in the same 36 manner as article 15-A of the executive law pursuant to subdivision (h) 37 of section 121 of chapter 261 of the laws of 1988, as amended; provided, 38 however, that the amendments to sections 310 and 313 of the executive 39 law made by sections two, four and five of this act shall not affect the 40 expiration of such sections and shall be deemed expired therewith; 41 provided, further that the amendments to paragraph b of subdivision 10 42 of section 163 of the state finance law made by section one of this act 43 shall not affect the repeal of such section and shall be deemed repealed 44 therewith or shall be deemed repealed upon the expiration of article 45 15-A of the executive law, whichever shall occur first.
