S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   201

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 public
  bidding for purchases and contracts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public authorities law is amended by adding three new
sections 2878-c, 2878-d and 2878-e to read as follows:
  S 2878-C.   LETTING OF CONTRACTS.   1.   ALL  PUBLIC  AUTHORITIES  AND
PUBLIC  BENEFIT  CORPORATIONS, UNLESS OTHERWISE REQUIRED BY LAW TO AWARD
CONTRACTS FOR THE PURCHASE OF SUPPLIES, MATERIALS OR  EQUIPMENT  TO  THE
LOWEST RESPONSIBLE BIDDER AFTER HAVING OBTAINED SEALED BIDS, SHALL AWARD
CONTRACTS IN THE MANNER PROVIDED IN THIS SECTION.
  2.    ALL  PURCHASE  CONTRACTS  FOR  SUPPLIES,  MATERIALS OR EQUIPMENT
INVOLVING AN ESTIMATED EXPENDITURE IN  EXCESS  OF  TWENTY-FIVE  THOUSAND
DOLLARS  SHALL BE AWARDED BY PUBLIC AUTHORITIES OR PUBLIC BENEFIT CORPO-
RATIONS TO THE LOWEST RESPONSIBLE BIDDER FURNISHING  REQUIRED  SECURITY,
IF SECURITY IS TO BE REQUIRED, AFTER OBTAINING SEALED BIDS IN THE MANNER
HEREINAFTER SET FORTH. NOTHING IN THIS SECTION SHALL PROHIBIT THE EVALU-
ATION OF BIDS ON THE BASIS OF THE LIFE CYCLE COST OF THE SUPPLIES, MATE-
RIALS  AND  EQUIPMENT  TO  BE PURCHASED SO LONG AS THE INVITATION TO BID
CLEARLY SETS FORTH THE OBJECTIVELY MEASURABLE CRITERIA  TO  BE  USED  IN
EVALUATING  THE LIFE CYCLE COST OF THE ITEM TO BE PURCHASED. SUCH CRITE-
RIA MAY INCLUDE BUT SHALL NOT BE LIMITED TO COSTS OR SAVINGS  ASSOCIATED
WITH  DISCOUNTS,  TRANSPORTATION, INSTALLATION, ENERGY USE, MAINTENANCE,
OPERATION AND SALVAGE OR DISPOSAL. A PUBLIC AUTHORITY OR PUBLIC  BENEFIT
CORPORATION  MAY, IN ITS DISCRETION, REJECT ALL BIDS AND OBTAIN NEW BIDS
IN THE MANNER PROVIDED BY THIS SECTION OR, IN CASES WHERE  TWO  OR  MORE
RESPONSIBLE  BIDDERS  FURNISHING SECURITY, IF REQUIRED BY THE AUTHORITY,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03096-01-9

S. 201                              2

SUBMIT IDENTICAL BIDS AS TO PRICE, AWARD THE CONTRACT  TO  ANY  OF  SUCH
BIDDERS  OR  OBTAIN  NEW BIDS FROM SUCH BIDDERS. NOTHING IN THIS SECTION
SHALL OBLIGATE THE AUTHORITY TO SEEK NEW BIDS  AFTER  THE  REJECTION  OF
BIDS OR AFTER CANCELLATION OF A BID.
  3.    (A) ADVERTISEMENT FOR BIDS, WHEN REQUIRED BY THIS SECTION, SHALL
BE PUBLISHED AT LEAST ONCE IN  THE  STATE  REGISTER,  PUBLISHED  BY  THE
DEPARTMENT  OF  STATE  PURSUANT  TO SECTION ONE HUNDRED FORTY-SIX OF THE
EXECUTIVE LAW, AND AT LEAST ONCE IN A NEWSPAPER OF  GENERAL  CIRCULATION
IN  THE  AREA  SERVED  BY SUCH PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPO-
RATION.  PUBLICATION IN THE STATE REGISTER AND A  NEWSPAPER  OF  GENERAL
CIRCULATION  IN  THE  AREA  SERVED  SHALL  NOT  BE  REQUIRED IF BIDS FOR
CONTRACTS FOR SUPPLIES, MATERIALS OR EQUIPMENT ARE OF A  TYPE  REGULARLY
PURCHASED  BY  THE AUTHORITY OR PUBLIC BENEFIT CORPORATION AND ARE TO BE
SOLICITED FROM A LIST OF POTENTIAL SUPPLIERS, IF SUCH  LIST  IS  OR  HAS
BEEN  DEVELOPED  CONSISTENT  WITH THE PROVISIONS OF SUBDIVISION SEVEN OF
THIS SECTION.  PUBLIC AUTHORITIES AND PUBLIC BENEFIT CORPORATIONS  SHALL
PAY  ANY  REASONABLE CHARGE FOR PUBLICATION IN THE STATE REGISTER DETER-
MINED BY THE SECRETARY OF STATE WITH THE APPROVAL OF THE DIRECTOR OF THE
BUDGET.  SUCH ADVERTISEMENT SHALL CONTAIN A STATEMENT OF  THE  TIME  AND
PLACE  WHERE  ALL BIDS RECEIVED PURSUANT TO SUCH NOTICE WILL BE PUBLICLY
OPENED AND READ.  AT LEAST FIFTEEN DAYS SHALL ELAPSE BETWEEN  THE  FIRST
PUBLICATION  OF  SUCH  ADVERTISEMENT OR THE SOLICITATION OF BIDS, AS THE
CASE MAY BE, AND THE DATE OF OPENING AND READING OF BIDS.
  (B)  SUCH PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION MAY DESIGNATE
ANY OFFICER OR EMPLOYEE TO OPEN THE BIDS AT THE TIME AND PLACE BIDS  ARE
TO BE OPENED AND TO AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE BIDDER.
SUCH DESIGNEE SHALL MAKE A RECORD OF ALL BIDS IN SUCH FORM AND DETAIL AS
THE AUTHORITY OR CORPORATION SHALL PRESCRIBE AND PRESENT THE SAME AT THE
NEXT  REGULAR OR SPECIAL MEETING OF THE PUBLIC AUTHORITY OR PUBLIC BENE-
FIT CORPORATION.  ALL BIDS RECEIVED SHALL BE PUBLICLY OPENED AND READ AT
THE TIME AND PLACE SPECIFIED IN THE ADVERTISEMENT  OR  AT  THE  TIME  OF
SOLICITATION  OR TO WHICH THE OPENING AND READING HAVE BEEN ADJOURNED BY
THE AUTHORITY.
  4.  NOTWITHSTANDING THE FOREGOING, A PUBLIC AUTHORITY OR PUBLIC  BENE-
FIT  CORPORATION MAY, BY RESOLUTION, DECLARE THAT COMPETITIVE BIDDING IS
IMPRACTICAL OR INAPPROPRIATE BECAUSE OF THE  EXISTENCE  OF  ANY  OF  THE
CIRCUMSTANCES  HEREINAFTER  SET  FORTH.    IN  EACH  CASE WHERE A PUBLIC
AUTHORITY OR PUBLIC BENEFIT  CORPORATION  DECLARES  COMPETITIVE  BIDDING
IMPRACTICAL  OR  INAPPROPRIATE,  IT  SHALL  STATE  THE  REASON THEREFOR.
COMPETITIVE BIDDING MAY ONLY BE DECLARED  IMPRACTICAL  OR  INAPPROPRIATE
WHERE:
  (A) THE EXISTENCE OF AN EMERGENCY INVOLVING DANGER TO LIFE AND PROPER-
TY  OR  OTHER UNFORESEEN OCCURRENCE REQUIRES IMMEDIATE ACTION AND CANNOT
AWAIT COMPETITIVE BIDDING;
  (B) THE ITEM TO BE PURCHASED IS AVAILABLE ONLY FROM A SINGLE RESPONSI-
BLE SOURCE;
  (C) THE PUBLIC AUTHORITY  OR  PUBLIC  BENEFIT  CORPORATION  WISHES  TO
EXPERIMENT  WITH  OR  TEST  A  NEW PRODUCT OR TECHNOLOGY OR EVALUATE THE
SERVICE OR RELIABILITY OF SUCH PRODUCT OR TECHNOLOGY;
  (D) THE AUTHORITY RECEIVES  NO  RESPONSIBLE  BIDS  OR  ONLY  A  SINGLE
RESPONSIVE  BID IS RECEIVED IN RESPONSE TO AN INVITATION FOR COMPETITIVE
BIDS;
  (E) THE PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION DETERMINES THAT
IT IS IN THE PUBLIC INTEREST TO AWARD CONTRACTS BY NEGOTIATION AND WITH-
OUT COMPETITIVE BIDDING BECAUSE THE MARKET FOR A PARTICULAR  PRODUCT  IS

S. 201                              3

EXTREMELY  VOLATILE  AND,  AS  A  RESULT,  THERE IS INSUFFICIENT TIME TO
CONDUCT THE COMPETITIVE BIDDING PROCESS;
  (F)  THE PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION DETERMINES, BY
A TWO-THIRDS VOTE OF ITS MEMBERS, THAT IT IS IN THE PUBLIC  INTEREST  TO
AWARD  CONTRACTS  THROUGH  NEGOTIATION PURSUANT TO A COMPETITIVE REQUEST
FOR PROPOSALS PROCESS. FOR  PURPOSES  OF  THIS  SECTION,  A  COMPETITIVE
REQUEST  FOR PROPOSALS PROCESS SHALL MEAN A COMPETITIVE METHOD OF SOLIC-
ITING TECHNICAL AND PRICE PROPOSALS AND AWARDING A CONTRACT ON THE BASIS
OF A FORMAL EVALUATION OF THE CHARACTERISTICS SUCH AS QUALITY  AND  COST
OF  SUCH PROPOSALS AGAINST STATED SELECTION CRITERIA. SUCH PROCESS SHALL
PROVIDE FOR THE  ACCEPTANCE  BY  RESOLUTION  OF  THE  MOST  ADVANTAGEOUS
PROPOSAL  AT  A PUBLIC MEETING OF THE PUBLIC AUTHORITY OR PUBLIC BENEFIT
CORPORATION WITH SUCH RESOLUTION SETTING FORTH THE  SELECTION  CRITERIA.
NOTHING IN THIS PARAGRAPH SHALL PRECLUDE:
  (I) NEGOTIATIONS FOLLOWING THE RECEIPT OF RESPONSES TO THE REQUEST FOR
PROPOSALS;
  (II) NEGOTIATIONS WITH THE PROPONENT OF THE MOST ADVANTAGEOUS PROPOSAL
FOLLOWING ITS ACCEPTANCE AND NEGOTIATION WITH ANOTHER PROPOSER; OR
  (III)  THE  REJECTION  OF  ANY  PROPOSAL  AFTER ITS ACCEPTANCE AND THE
SOLICITATION OF NEW COMPETITIVE PROPOSALS IN THE MANNER HEREIN PROVIDED;
  (G) THE ITEM IS AVAILABLE THROUGH A CONTRACT OF THE STATE OF NEW YORK,
A POLITICAL SUBDIVISION THEREOF, OR ANOTHER PUBLIC AUTHORITY  OR  PUBLIC
BENEFIT  CORPORATION,  PROVIDED  THAT  THE  AUTHORITY  SHALL ACCEPT SOLE
RESPONSIBILITY FOR ANY PAYMENT DUE THE VENDOR.
  5. THE GOVERNING BODY OF ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPO-
RATION MAY, BY A  RESOLUTION  ADOPTED  ANNUALLY  BY  TWO-THIRDS  OF  ITS
MEMBERS, DELEGATE TO ANY SENIOR OFFICER OR SENIOR EMPLOYEE THE AUTHORITY
TO  DECLARE  COMPETITIVE  BIDDING  INAPPROPRIATE OR IMPRACTICAL IN THOSE
CIRCUMSTANCES SET FORTH IN PARAGRAPH (A), (B) OR (G) OF SUBDIVISION FOUR
OF THIS SECTION. THE SENIOR OFFICER OR  SENIOR  EMPLOYEE  TO  WHOM  SUCH
AUTHORITY  IS  DELEGATED  SHALL REPORT TO THE GOVERNING BODY ALL ACTIONS
TAKEN PURSUANT TO ANY SUCH RESOLUTION AT THE  NEXT  REGULARLY  SCHEDULED
BOARD  MEETING  OF  THE  AUTHORITY  BUT NOT MORE THAN THIRTY DAYS LATER.
FAILURE TO MAKE SUCH A REPORT SHALL NOT, HOWEVER, AFFECT THE LEGALITY OF
ANY PURCHASES MADE PURSUANT TO THE AUTHORITY CONFERRED  BY  SUCH  RESOL-
UTION.
  6.  UPON  THE ADOPTION OF A RESOLUTION BY A PUBLIC AUTHORITY OR PUBLIC
BENEFIT CORPORATION STATING, FOR REASONS OF EFFICIENCY, ECONOMY, COMPAT-
IBILITY OR MAINTENANCE RELIABILITY, THAT THERE IS A NEED FOR  STANDARDI-
ZATION,  PURCHASE CONTRACTS FOR PARTICULAR SUPPLIES, MATERIALS OR EQUIP-
MENT IDENTIFIED ON A  QUALIFIED  PRODUCTS  LIST,  WHICH  LIST  MIGHT  BE
MODIFIED  FROM TIME TO TIME BY AN OFFICER OF THE AUTHORITY IN ACCORDANCE
WITH PROCEDURES PROVIDED IN SUCH  RESOLUTION,  MAY  BE  AWARDED  BY  THE
PUBLIC  AUTHORITY OR PUBLIC BENEFIT CORPORATION, TO THE LOWEST RESPONSI-
BLE BIDDER AFTER OBTAINING SEALED BIDS IN ACCORDANCE WITH  THIS  SECTION
OR  WITHOUT COMPETITIVE SEALED BIDS IN INSTANCES WHEN THE ITEM IS AVAIL-
ABLE FROM ONLY A SINGLE SOURCE.
  7. EVERY PUBLIC AUTHORITY AND PUBLIC BENEFIT CORPORATION SHALL COMPILE
A LIST OF POTENTIAL SOURCES  OF SUPPLIES, MATERIALS OR  EQUIPMENT  REGU-
LARLY  PURCHASED.    THE  PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION
SHALL, IN ITS ANNUAL REPORT, OR  IF  THERE  BE  NONE,  ANNUALLY  IN  THE
MINUTES  OF ITS PROCEEDINGS, SET FORTH THE PROCEDURES IT HAS ESTABLISHED
TO IDENTIFY NEW SOURCES AND TO NOTIFY SUCH NEW SOURCES OF  THE  OPPORTU-
NITY  TO  BID  FOR  CONTRACTS FOR THE PURCHASE OF SUPPLIES, MATERIALS OR
EQUIPMENT. SUCH PROCEDURES SHALL INCLUDE, BUT NOT BE LIMITED  TO:    (A)
ADVERTISING  IN  TRADE JOURNALS; (B) COOPERATION WITH FEDERAL, STATE AND

S. 201                              4

LOCAL COMMUNITY AGENCIES WITHIN ITS AREA  OF  OPERATIONS;  AND  (C)  THE
ESTABLISHMENT OF PROCEDURES PURSUANT TO PARAGRAPH B OF SUBDIVISION THIR-
TEEN OF SECTION TWELVE HUNDRED SIXTY-SIX-C OF THIS CHAPTER.
  8.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT SUPERCEDE ANY OTHER
PROVISIONS OF LAW RELATING TO PURCHASES OF PRODUCTS OR DEVICES  MANUFAC-
TURED  OR  PROVIDED  BY THE BLIND AND OTHER SEVERELY HANDICAPPED, TO THE
INVITATION AND ACCEPTANCE OF BIDS FROM SMALL OR MINORITY BUSINESS ENTER-
PRISES OR TO THE PURCHASES OF SUPPLIES, MATERIALS OR  EQUIPMENT  THROUGH
THE  OFFICE  OF GENERAL SERVICES. EXCEPT AS MAY OTHERWISE BE PROVIDED BY
LAW OR AS MORE RESTRICTIVELY DEFINED IN THE OFFICIAL POLICY OR BID SPEC-
IFICATIONS OF A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION, THE TERM
"SMALL BUSINESS" MEANS A SOLE PROPRIETORSHIP, FIRM OR CORPORATION HAVING
TEN OR LESS PRINCIPALS OR STOCKHOLDERS  AND  EMPLOYING  FEWER  THAN  ONE
HUNDRED EMPLOYEES.
  9.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PURCHASES OF
SUPPLIES, MATERIALS OR EQUIPMENT MADE BY A PUBLIC  AUTHORITY  OR  PUBLIC
BENEFIT CORPORATION IN BEHALF OF AN ENTITY NOT OTHERWISE REQUIRED BY LAW
TO  AWARD  CONTRACTS FOR SUCH PURCHASES TO THE LOWEST RESPONSIBLE BIDDER
IF SUCH PURCHASES ARE MADE AT THE SOLE COST AND EXPENSE OF SUCH ENTITY.
  10. (A) NOTWITHSTANDING THE OTHER PROVISIONS OF THIS SECTION, A PUBLIC
AUTHORITY OR PUBLIC BENEFIT CORPORATION MAY  AWARD  THE  CONTRACT  TO  A
RESPONSIBLE  NEW  YORK BIDDER WHO OR WHICH IS NOT THE LOWEST RESPONSIBLE
BIDDER PROVIDED THAT THE BID MADE BY THE NEW YORK  BIDDER  IS  NOT  MORE
THAN  FIVE  PERCENT  HIGHER  THAN THE BID MADE BY THE LOWEST RESPONSIBLE
BIDDER AND THE LOWEST RESPONSIBLE BIDDER IS NOT A NEW YORK  BIDDER,  AND
PROVIDED  FURTHER  THAT  THE AUTHORITY OR PUBLIC BENEFIT CORPORATION HAS
MADE A DETERMINATION THAT IT IS IN THE PUBLIC INTEREST FOR A  BID  OTHER
THAN THE LOWEST RESPONSIBLE BID TO BE ACCEPTED.
  (B)  FOR  THE  PURPOSES  OF THIS SUBDIVISION, A "NEW YORK BIDDER" IS A
PERSON OR ENTITY WHO OR WHICH HAS ITS PRINCIPAL  PLACE  OF  BUSINESS  IN
THIS  STATE,  OR  WHO  OR  WHICH  CONDUCTS  A SUBSTANTIAL PORTION OF ITS
ECONOMIC ACTIVITY WITHIN THIS STATE, OR  WHO  OR  WHICH  MANUFACTURES  A
PRODUCT WITHIN NEW YORK STATE WHICH PRODUCT IS THE SUBJECT OF THE BID TO
BE  AWARDED.  A BIDDER WHO OR WHICH CLAIMS TO BE A NEW YORK BIDDER SHALL
SUBMIT TO THE AUTHORITY OR PUBLIC  BENEFIT  CORPORATION  ADEQUATE  PROOF
THAT  IT  MEETS  THE  REQUIREMENTS  OF  THIS DEFINITION AND THAT IT WILL
CONTINUE TO MEET SUCH REQUIREMENTS FOR THE DURATION OF THE  CONTRACT  TO
BE  AWARDED.  IF  A CONTRACT IS AWARDED TO A NEW YORK BIDDER PURSUANT TO
THIS SUBDIVISION AND THEN SUBSEQUENT TO THE AWARD AND DURING THE TERM OF
THE CONTRACT OR PENDING ITS IMPLEMENTATION, THE NEW YORK BIDDER NO LONG-
ER MEETS THE DEFINITIONAL REQUIREMENTS OF A NEW YORK BIDDER, SUCH BIDDER
MAY, AT THE DISCRETION OF THE AUTHORITY OR PUBLIC  BENEFIT  CORPORATION,
BE  REQUIRED  TO  FORFEIT  SUCH  CONTRACT  OR BE DISQUALIFIED FROM BEING
AWARDED ANY CONTRACTS BY THE AUTHORITY OR PUBLIC BENEFIT CORPORATION FOR
A PERIOD OF THREE YEARS FROM THE  DATE  OF  THE  AUTHORITY'S  OR  CORPO-
RATION'S  DISCOVERY  THAT SUCH BIDDER IS NO LONGER A NEW YORK BIDDER, OR
BE SUBJECT TO BOTH SUCH CONSEQUENCES FOR LOSS OF ITS  STATUS  AS  A  NEW
YORK  BIDDER  WHILE THE CONTRACT IS IN EFFECT OR PENDING ITS IMPLEMENTA-
TION. EVERY NEW YORK BIDDER AWARDED A CONTRACT PURSUANT TO THIS SUBDIVI-
SION SHALL SUBMIT PROOF PERIODICALLY OF ITS CONTINUING STATUS AS  A  NEW
YORK  BIDDER  DURING  THE  TERM OF ANY CONTRACT AWARDED PURSUANT TO THIS
SUBDIVISION AT SUCH TIMES AS THE AUTHORITY OR PUBLIC BENEFIT CORPORATION
SHALL REQUIRE. FAILURE TO SUBMIT SUCH PROOF  WITHIN  THIRTY  DAYS  OF  A
REQUEST  BY  THE  AUTHORITY  OR  PUBLIC BENEFIT CORPORATION FOR THE SAME
SHALL RESULT IN THE AUTOMATIC LOSS OF ITS STATUS AS A  NEW  YORK  BIDDER
FOR  THE  PURPOSES  OF THIS PARAGRAPH. ALL CONTRACTS AWARDED PURSUANT TO

S. 201                              5

THIS SUBDIVISION SHALL BE SUBJECT TO THE CONDITIONS  CONTAINED  IN  THIS
PARAGRAPH.
  (C)  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT  APPLY TO: (I)
CONSULTANT CONTRACTS; (II)  PROJECTS  RECEIVING  FEDERAL  FUNDING  UNDER
RESTRICTIONS  THAT  REQUIRE  COMPETITIVE  BIDDING WITHOUT EXCEPTION; AND
(III) AS DETERMINED BY THE AUTHORITY OR PUBLIC BENEFIT CORPORATION BASED
UPON ITS EVALUATION  OF  THE  PUBLIC  INTEREST,  CERTAIN  LARGE  CAPITAL
PROJECTS  FOR  WHICH  MAJOR  CONSTRUCTION  ACTIVITIES EMPLOY WORKERS WHO
RESIDE IN NEW YORK STATE WITHIN THE GENERAL AREA TO  BE  SERVED  BY  THE
COMPLETED PROJECT.
  11.  THE  PROVISIONS  OF  THIS  SECTION SHALL NOT BE APPLICABLE TO THE
AWARD OF ANY CONTRACT FOR WHICH  AN  INVITATION  TO  BID,  SOLICITATION,
REQUEST  FOR  PROPOSAL,  OR  ANY SIMILAR DOCUMENT HAS BEEN ISSUED BY THE
PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION PRIOR  TO  THE  EFFECTIVE
DATE OF THIS SECTION.
  S  2878-D.  EQUAL  EMPLOYMENT  OPPORTUNITY  PROGRAM. ALL CONTRACTS FOR
DESIGN, CONSTRUCTION, SERVICES AND MATERIALS PURSUANT TO THIS CHAPTER OF
WHATEVER NATURE AND ALL DOCUMENTS SOLICITING BIDS OR PROPOSALS  THEREFOR
SHALL CONTAIN OR MAKE REFERENCE TO THE FOLLOWING PROVISIONS:
  1.  THE  CONTRACTOR  WILL NOT DISCRIMINATE AGAINST EMPLOYEES OR APPLI-
CANTS FOR EMPLOYMENT BECAUSE OF RACE,  CREED,  COLOR,  NATIONAL  ORIGIN,
SEX,  AGE, DISABILITY, OR MARITAL STATUS, AND WILL UNDERTAKE OR CONTINUE
EXISTING PROGRAMS OF AFFIRMATIVE ACTION TO ENSURE  THAT  MINORITY  GROUP
PERSONS AND WOMEN ARE AFFORDED EQUAL OPPORTUNITY WITHOUT DISCRIMINATION.
SUCH PROGRAMS SHALL INCLUDE, BUT NOT BE LIMITED TO, RECRUITMENT, EMPLOY-
MENT, JOB ASSIGNMENTS, PROMOTION, UPGRADING, DEMOTION, TRANSFER, LAYOFF,
TERMINATION, RATES OF PAY OR OTHER FORMS OF COMPENSATION, AND SELECTIONS
FOR  TRAINING  OR  RETRAINING,  INCLUDING  APPRENTICESHIP AND ON-THE-JOB
TRAINING.
  2. AT THE REQUEST OF THE AUTHORITY, THE CONTRACTOR SHALL REQUEST  EACH
EMPLOYMENT  AGENCY, LABOR UNION, OR AUTHORIZED REPRESENTATIVE OF WORKERS
WITH WHICH IT HAS A COLLECTIVE BARGAINING OR OTHER AGREEMENT  OR  UNDER-
STANDING  AND  WHICH IS INVOLVED IN THE PERFORMANCE OF THE CONTRACT WITH
THE AUTHORITY TO FURNISH A WRITTEN STATEMENT THAT SUCH EMPLOYMENT  AGEN-
CY,  LABOR  UNION  OR  REPRESENTATIVE  SHALL NOT DISCRIMINATE BECAUSE OF
RACE, CREED, COLOR, NATIONAL ORIGIN, SEX,  AGE,  DISABILITY  OR  MARITAL
STATUS  AND  THAT  SUCH  UNION  OR  REPRESENTATIVE WILL COOPERATE IN THE
IMPLEMENTATION OF THE CONTRACTOR'S OBLIGATIONS HEREUNDER.
  3. THE CONTRACTOR WILL STATE, IN ALL SOLICITATIONS  OR  ADVERTISEMENTS
FOR  EMPLOYEES  PLACED BY OR ON BEHALF OF THE CONTRACTOR IN THE PERFORM-
ANCE OF THE CONTRACT WITH THE AUTHORITY, THAT ALL  QUALIFIED  APPLICANTS
WILL  BE  AFFORDED  EQUAL  EMPLOYMENT OPPORTUNITY WITHOUT DISCRIMINATION
BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, AGE, DISABILITY  OR
MARITAL STATUS.
  4. THE CONTRACTOR WILL INCLUDE THE PROVISIONS OF SUBDIVISIONS ONE, TWO
AND THREE OF THIS SECTION IN EVERY SUBCONTRACT OR PURCHASE ORDER IN SUCH
A MANNER THAT SUCH PROVISIONS WILL BE BINDING UPON EACH SUBCONTRACTOR OR
VENDOR  AS TO ITS WORK IN CONNECTION WITH THE CONTRACT WITH THE AUTHORI-
TY.
  5. THE AUTHORITY SHALL ESTABLISH PROCEDURES AND GUIDELINES  TO  ENSURE
THAT  CONTRACTORS  AND  SUBCONTRACTORS UNDERTAKE PROGRAMS OF AFFIRMATIVE
ACTION AND EQUAL EMPLOYMENT OPPORTUNITY AS  REQUIRED  BY  THIS  SECTION.
SUCH  PROCEDURES  MAY  REQUIRE  AFTER  NOTICE IN A BID SOLICITATION, THE
SUBMISSION OF AN AFFIRMATIVE ACTION PROGRAM PRIOR TO THE  AWARD  OF  ANY
CONTRACT,  OR  AT ANY TIME THEREAFTER, AND MAY REQUIRE THE SUBMISSION OF
COMPLIANCE REPORTS RELATING TO THE OPERATION AND IMPLEMENTATION  OF  ANY

S. 201                              6

AFFIRMATIVE  ACTION  PROGRAM  ADOPTED  HEREUNDER. THE AUTHORITY MAY TAKE
APPROPRIATE ACTION INCLUDING CONTRACTUAL SANCTIONS FOR NON-COMPLIANCE TO
EFFECTUATE THE PROVISIONS OF THIS SECTION AND SHALL BE  RESPONSIBLE  FOR
MONITORING COMPLIANCE WITH THIS SECTION.
  S  2878-E.  MINORITY  AND WOMEN-OWNED BUSINESS ENTERPRISE PROGRAM.  1.
(A) IN THE PERFORMANCE OF PROJECTS PURSUANT TO THIS CHAPTER MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES SHALL  BE  GIVEN  THE  OPPORTUNITY  FOR
MEANINGFUL  PARTICIPATION.  THE  AUTHORITY  SHALL ESTABLISH MEASURES AND
PROCEDURES  TO  SECURE  MEANINGFUL  PARTICIPATION  AND  IDENTIFY   THOSE
CONTRACTS  AND ITEMS OF WORK FOR WHICH MINORITY AND WOMEN-OWNED BUSINESS
ENTERPRISES MAY BEST BID  TO  ACTIVELY  AND  AFFIRMATIVELY  PROMOTE  AND
ASSIST  THEIR  PARTICIPATION  IN  THE  PROJECTS, SO AS TO FACILITATE THE
AWARD OF A FAIR SHARE OF CONTRACTS TO SUCH ENTERPRISES; PROVIDED, HOWEV-
ER, THAT NOTHING IN THIS TITLE SHALL BE CONSTRUED TO LIMIT  THE  ABILITY
OF THE AUTHORITY TO ASSURE THAT QUALIFIED MINORITY AND WOMEN-OWNED BUSI-
NESS  ENTERPRISES  MAY PARTICIPATE IN THE PROGRAM.  FOR PURPOSES HEREOF,
MINORITY BUSINESS ENTERPRISE SHALL MEAN ANY BUSINESS ENTERPRISE WHICH IS
AT LEAST FIFTY-ONE PER CENTUM OWNED BY, OR IN THE  CASE  OF  A  PUBLICLY
OWNED  BUSINESS,  AT LEAST FIFTY-ONE PER CENTUM OF THE STOCK OF WHICH IS
OWNED BY CITIZENS OR PERMANENT RESIDENT ALIENS WHO ARE BLACK,  HISPANIC,
ASIAN  OR  AMERICAN INDIAN, PACIFIC ISLANDER OR ALASKAN NATIVES AND SUCH
OWNERSHIP INTEREST IS REAL, SUBSTANTIAL  AND  CONTINUING  AND  HAVE  THE
AUTHORITY  TO INDEPENDENTLY CONTROL THE DAY-TO-DAY BUSINESS DECISIONS OF
THE ENTITY; AND WOMEN-OWNED BUSINESS ENTERPRISE SHALL MEAN ANY  BUSINESS
ENTERPRISE  WHICH  IS  AT LEAST FIFTY-ONE PER CENTUM OWNED BY, OR IN THE
CASE OF A PUBLICLY OWNED BUSINESS, AT LEAST FIFTY-ONE PER CENTUM OF  THE
STOCK OF WHICH IS OWNED BY CITIZENS OR PERMANENT RESIDENT ALIENS WHO ARE
WOMEN,  AND  SUCH OWNERSHIP INTEREST IS REAL, SUBSTANTIAL AND CONTINUING
AND HAVE THE AUTHORITY TO INDEPENDENTLY CONTROL THE DAY-TO-DAY  BUSINESS
DECISIONS OF THE ENTITY.
  THE  PROVISIONS  OF THIS PARAGRAPH SHALL NOT BE CONSTRUED TO LIMIT THE
ABILITY OF ANY MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE TO BID ON ANY
CONTRACT.
  (B) IN THE IMPLEMENTATION OF THIS SECTION, THE AUTHORITY SHALL CONSID-
ER COMPLIANCE BY ANY CONTRACTOR WITH THE REQUIREMENTS  OF  ANY  FEDERAL,
STATE,  OR LOCAL LAW CONCERNING MINORITY AND WOMEN-OWNED BUSINESS ENTER-
PRISES, WHICH MAY EFFECTUATE THE REQUIREMENTS OF THIS  SECTION.  IF  THE
AUTHORITY  DETERMINES  THAT  BY VIRTUE OF THE IMPOSITION OF THE REQUIRE-
MENTS OF ANY SUCH LAW, IN RESPECT TO PROJECT CONTRACTS,  THE  PROVISIONS
THEREOF DUPLICATE OR CONFLICT WITH THIS SECTION, THE AUTHORITY MAY WAIVE
THE  APPLICABILITY  OF THIS SECTION TO THE EXTENT OF SUCH DUPLICATION OR
CONFLICT.
  (C) NOTHING IN THIS SECTION SHALL BE DEEMED TO  REQUIRE  THAT  OVERALL
STATE  AND FEDERAL REQUIREMENTS FOR PARTICIPATION OF MINORITY AND WOMEN-
OWNED BUSINESS ENTERPRISES IN PROGRAMS AUTHORIZED UNDER THIS CHAPTER  BE
APPLIED  WITHOUT REGARD TO LOCAL CIRCUMSTANCES TO ALL PROJECTS OR IN ALL
COMMUNITIES.
  2. IN ORDER TO IMPLEMENT  THE  REQUIREMENTS  AND  OBJECTIVES  OF  THIS
SECTION,  THE  AUTHORITY  SHALL  ESTABLISH  PROCEDURES  TO  MONITOR  THE
CONTRACTORS' COMPLIANCE WITH PROVISIONS HEREOF,  PROVIDE  ASSISTANCE  IN
OBTAINING  MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTERPRISES  TO PERFORM
CONTRACTS PROPOSED TO BE AWARDED, AND TAKE OTHER APPROPRIATE MEASURES TO
IMPROVE THE ACCESS OF MINORITY AND WOMEN-OWNED BUSINESS  ENTERPRISES  TO
THESE CONTRACTS.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.