S T A T E O F N E W Y O R K
________________________________________________________________________
S. 6898 A. 9987
S E N A T E - A S S E M B L Y
February 23, 2010
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IN SENATE -- Introduced by Sen. THOMPSON -- read twice and ordered
printed, and when printed to be committed to the Committee on Finance
IN ASSEMBLY -- Introduced by M. of A. BRODSKY -- read once and referred
to the Committee on Governmental Operations
AN ACT to amend the state finance law, in relation to diversity prac-
tices; and to amend the public authorities law, in relation to exempt-
ing public authorities and public benefit corporations from the
procurement process under certain circumstances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph j of subdivision 1 of section 163 of the state
finance law, as added by chapter 83 of the laws of 1995, is amended to
read as follows:
j. "Best value" means the basis for awarding contracts for services to
the offerer which optimizes quality, cost and efficiency, among respon-
sive and responsible offerers AND WHICH ALSO TAKES INTO ACCOUNT THE
DIVERSITY PRACTICES OF EACH OFFERER. Such basis shall reflect, wherever
possible, objective and quantifiable analysis.
S 2. Subdivision 1 of section 163 of the state finance law is amended
by adding a new paragraph k to read as follows:
K. "DIVERSITY PRACTICES" MEANS THE OFFERER'S PRACTICES WITH RESPECT
TO: (I) APPOINTING, HIRING AND RETAINING MINORITY GROUP MEMBERS (AS
DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW) AND WOMEN IN SENIOR
MANAGEMENT POSITIONS OF THE OFFERER, INCLUDING AT THE LEVEL OF BOARD OF
DIRECTORS OR ITS COMPARABLE MANAGEMENT LEVEL BODY, AND AS SENIOR EXECU-
TIVE OFFICERS WITHIN THE OFFERER'S ORGANIZATION; (II) HIRING, TRAINING,
DEVELOPING, PROMOTING AND RETAINING MINORITY GROUP MEMBERS AND WOMEN
EMPLOYEES; (III) UTILIZING CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS
ENTERPRISES, AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR ANY
OTHER STATUTES OR REGULATIONS GOVERNING THE PARTICIPATION OF MINORITY
AND WOMEN-OWNED BUSINESS ENTERPRISES IN CONTRACTS AWARDED BY A STATE
AGENCY OR OTHER PUBLIC CORPORATION, AS SUBCONTRACTORS AND SUPPLIERS;
(IV) ENTERING INTO PARTNERSHIPS, JOINT VENTURES OR OTHER SIMILAR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15826-02-0
S. 6898 2 A. 9987
ARRANGEMENTS WITH CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTER-
PRISES AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR OTHER
APPLICABLE STATUTE OR REGULATION GOVERNING AN ENTITY'S UTILIZATION OF
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES; AND (V) UTILIZING SUBCON-
TRACTORS OR OTHER PARTNERS, WHO ARE NOT MINORITY OR WOMEN-OWNED BUSINESS
ENTERPRISES AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, THAT
DEMONSTRATE A SIGNIFICANT COMMITMENT TO AND PROGRESS IN ATTRACTING,
RETAINING AND PROMOTING DIVERSE TEAMS, INCLUDING MINORITY GROUP MEMBERS
AND WOMEN WITH RELEVANT DOMAIN EXPERIENCE IN SENIOR MANAGEMENT OR STAFF-
ING POSITIONS.
S 3. Subparagraph (i) of paragraph (b) of subdivision 3 of section
2879 of the public authorities law, as amended by chapter 45 of the laws
of 1994, is amended to read as follows:
(i) for the selection of such contractors on a competitive basis, and
provisions relating to the circumstances under which the board may by
resolution waive competition; PROVIDED HOWEVER, THE CORPORATION MAY
PURCHASE GOODS OR SERVICES FROM SMALL BUSINESS CONCERNS OR THOSE CERTI-
FIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES, OR GOODS OR TECH-
NOLOGY THAT ARE RECYCLED OR REMANUFACTURED, IN AN AMOUNT NOT EXCEEDING
ONE HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS;
S 4. This act shall take effect immediately; provided, however, that
the amendments to section 163 of the state finance law made by sections
one and two of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.