What's happening
This bill allows certain state contracts to be awarded to small businesses and minority- or women-owned businesses, with specific annual reporting and value limits.
Why it matters
Increases Access for Underrepresented Businesses. By allowing state authorities to directly award contracts to small businesses and those certified as minority- or women-owned (MWBEs), the bill aims to create more opportunities for these groups to participate in government procurement, which can be crucial for their growth and sustainability.
Imposes Reporting and Evaluation Requirements. The legislation requires annual assessments and public reporting on how effective these procurement practices are in meeting diversity goals, increasing transparency and providing a mechanism for ongoing improvement and accountability to both government officials and the public.
Sets Clear Limits to Balance Opportunity and Oversight. The bill caps the total value of contracts awarded under these provisions at 2% (and not less than 1%) of all contracts in any fiscal year, aiming to promote inclusion without overwhelming the broader procurement process or risking favoritism or abuse.
Temporary Measure with Built-in Expiration. The bill includes a sunset clause, meaning these provisions will automatically expire in 2024 unless renewed, which allows lawmakers to revisit, assess, and potentially adjust the policy based on its effectiveness and any unintended consequences.
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Who cares
Headline styles
Boost Contracts for Small Businesses
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to corporations, authorities and commissions
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.775
- Referred to corporations, authorities and commissions
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1869
2019-2020 Regular Sessions
IN SENATE
January 17, 2019
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the award of certain contracts to small businesses and/or businesses certified under article 15-A of the executive law; and providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1678 of the public authorities law is amended by adding a new subdivision 29 to read as follows:
29. (a) To award contracts, notwithstanding any other provision of law to the contrary, for the procurement of goods or services from small businesses and/or businesses certified under article fifteen-A of the executive law in accordance with the provisions of this subdivision.
(b) Procurements made pursuant to this subdivision shall be governed by the authority's procurement policy and guidelines adopted pursuant to section twenty-eight hundred seventy-nine of this chapter. Such guidelines shall include, but not be limited to: (i) a competitive process that provides opportunity and access to procurements, pursuant to which contracts may be awarded to small businesses and/or businesses certified under article fifteen-A of the executive law; (ii) provide a benchmark of amounts paid under contracts awarded under this subdivision against amounts paid under other authority contracts for like goods or services; and (iii) require an annual assessment of the effectiveness of such procedures in helping the authority achieve the authority's goals established pursuant to article fifteen-A of the executive law for participation by minority and women-owned enterprises. Such annual assessment may be included within the authority's annual report required by this article and shall be submitted to the governor, the temporary president
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03898-01-9
S. 1869 2
of the senate, the speaker of the assembly, the minority leader of the senate and the minority leader of the assembly.
(c) The total value of contracts awarded pursuant to this subdivision shall not exceed two percent of the value of all contracts offered in any fiscal year of the authority; provided, however, the total amount available for award pursuant to this section shall not be less than one percent of the value of all contracts offered in any fiscal year of the authority.
§ 2. This act shall take effect immediately and shall expire July 1, 2024 when upon such date the provisions of this act shall be deemed repealed.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public authorities law, in relation to the award of certain contracts to small businesses and/or businesses certified under article 15-A of the executive law; and providing for the repeal of such provisions upon expiration thereof
Purpose
To amend the Public Authorities Law in relation to expanded opportu- nities for minority, women-owned and small business enterprises.
Summary of provisions
This bill amends the PublicòAuthorities Law to authorize the Dormitory Authority of the State of New York (DASNY) to create a pilot program that would increase minority, women-owned and small business partic- ipation in the State's and Authority's procurement process. Specif- ically, this bill would: establish a short-term pilot project that permits competitive bidding of contracts for goods and services, includ- ing construction services by small and/or minority and women-owned busi- nesses; provide for the evaluation of amounts paid under the pilot program compared with amounts awarded under other non-pilot contracts for the same goods or services; and, require an annual of assessment of the effectiveness of these procedures in helping meet goals established pursuant to Executive Law Article 15-A.
Justification
New York State agencies and public authorities are responsible for ensuring compliance with various statutes, executive orders and regu- lations whose purpose is to expand opportunities for minority, women- owned and small businesses that may have been previously excluded or substantially underutilized in the State's procurements. The underu- tilization of small and minority and women-owned businesses in the State's contracting opportunities can be attributed, in part, to a distinct absence of actual work experience. The State often finds this a daunting challenge, which grows particularly more difficult in this era of economic uncertainty. In an effort to help State agencies/public authorities to meet their policy goals, the legislature successfully negotiated the enactment of legislation that took a major first step by creating a statewide mentor-protegee program.
The legislature continues to explore ways to assist State agencies and public authorities in their efforts and with a view toward more immedi- ate participation, through this legislation, takes an important next step. Through this pilot project, minority, women and small businesses will be able to successfully compete for State procurements as instructed by authority procurement guidelines. As a result of guide- lines that are authority-specific and meet, unique procurement require- ments of the authority, participating small and minority-owned busi- nesses can gain experience that will be needed for them to more effectively compete in the marketplace.
Existing law
Sections 1696-1699 of the Public Authorities Law permit the designation of purchases and. contracts for construction and services in certain, instances, to be bid by minority and small business concerns.
Legislative history
2018: A.9990-Referred to corporations, authorities and commissions 2017: A.4759-Referred to Corporations, Authorities and Commissions. 2015-16: A.2577-Referred to Corporations, Authorities and Commissions. 2013-14: A.5699-Referred to Corporations, Authorities and Commissions. 2011-12: A.5863-Referred to Corporations, Authorities and Commissions. 2010: A.11249- Referred to Corporations, Authorities and Commissions.
Fiscal implications
None. The pilot program is limited to the utilization of existing authority assets and is capped.
Effective date
Immediately and shall expire on July 1, 2022.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.