S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5698
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 28, 2015
                                      ___________
       Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to amend the executive law, in relation to third party  oversight
         for state contracts involving minority and women-owned businesses
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new section  316-b
    2  to read as follows:
    3    S  316-B. THIRD PARTY OVERSIGHT. 1. A THIRD PARTY ENTITY NOT EMPLOYED,
    4  ENGAGED IN BUSINESS WITH OR HOLDING OFFICE IN NEW YORK  STATE  SHALL  BE
    5  SELECTED  BY  THE LEGISLATURE AND CONFIRMED BY THE CHIEF DIVERSITY OFFI-
    6  CER, AS DEFINED IN SECTION FOUR-A OF THIS CHAPTER, THROUGH A REQUEST FOR
    7  PROPOSAL PROCESS TO OVERSEE EACH CONTRACTING AGENCY'S PROCUREMENT PROCE-
    8  DURE  FOR  CONTRACTS  MADE  DIRECTLY  OR  INDIRECTLY  TO  MINORITY   AND
    9  WOMEN-OWNED BUSINESSES.
   10    2.  EACH  CONTRACTING AGENCY SHALL SUBMIT THE FOLLOWING INFORMATION TO
   11  SUCH THIRD PARTY ENTITY ON A QUARTERLY BASIS:
   12    (A) TOTAL AGENCY  PROCUREMENT  INCLUDING  FROM  WHICH  INDUSTRY  UNDER
   13  SUBDIVISION  ONE  OF SECTION THREE HUNDRED THIRTEEN OF THIS ARTICLE EACH
   14  CONTRACT IS CATEGORIZED;
   15    (B) UPCOMING CONFIRMED AND PROPOSED PROCUREMENT OPPORTUNITIES  INCLUD-
   16  ING  ESTIMATED  OVERALL  COST AND STEPS TAKEN OR TO BE TAKEN IN ORDER TO
   17  ENSURE MAXIMUM FEASIBLE PARTICIPATION OF MINORITY AND WOMEN-OWNED  BUSI-
   18  NESS;
   19    (C)  A  LIST  OF  ALL  BIDS  FOR EACH CONTRACT INCLUDING A LIST OF ALL
   20  CONTRACTORS, KNOWN SUBCONTRACTORS, AND WHETHER ANY OR ALL QUALIFY  AS  A
   21  MINORITY OR WOMEN-OWNED BUSINESS; AND
   22    (D)  A  LIST  OF  ALL  CONTRACTOR'S  AWARDED  WAIVERS  WITH SUPPORTING
   23  DOCUMENTATION ILLUSTRATING SUCH CONTRACTOR'S GOOD FAITH EFFORT TO COMPLY
   24  WITH THE CRITERIA OUTLINED IN SUBDIVISION SEVEN OF SECTION THREE HUNDRED
   25  THIRTEEN OF THIS ARTICLE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09830-01-5
       S. 5698                             2
    1    3. SUCH THIRD PARTY ENTITY SHALL DEVELOP  AN  EVALUATION  SYSTEM  THAT
    2  CLEARLY  DELINEATES  AND  COMPARES EACH AGENCY'S UTILIZATION OF MINORITY
    3  AND  WOMEN-OWNED  BUSINESSES  AND  THE  ESTABLISHED  PROCUREMENT   GOALS
    4  OUTLINED  IN  SUBDIVISION  ONE OF SECTION THREE HUNDRED THIRTEEN OF THIS
    5  ARTICLE.
    6    4.  SUCH THIRD PARTY ENTITY SHALL REPORT ANNUALLY ON THE FIFTEENTH DAY
    7  OF MAY DIRECTLY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE  SENATE  AND
    8  SPEAKER  OF  THE  ASSEMBLY  THE COLLECTIVE FINDINGS FROM THE PAST YEAR'S
    9  QUARTERLY SUBMISSIONS. ADDITIONALLY, SUCH REPORT SHALL BE MADE AVAILABLE
   10  ON THE EMPIRE STATE DEVELOPMENT DIVISION OF MINORITY AND  WOMEN'S  BUSI-
   11  NESS DEVELOPMENT WEBSITE FOR PUBLIC REVIEW.
   12    S  2.  This  act shall take effect immediately and shall expire on the
   13  same date and in the same manner as article 15-a of  the  executive  law
   14  pursuant to subdivision (h) of section 121 of chapter 261 of the laws of
   15  1988, as amended.