NY State Senate Bill 2015-S5282A

Senate Bill S5282A

2015-2016 Legislative Session

Relates to requiring agencies to provide unsuccessful bidders that are certified minority and women-owned business enterprises with a written statement articulating the reasons for rejection

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2016	print number 5282a
Jun 02, 2016	amend and recommit to finance
Jan 06, 2016	referred to finance
May 12, 2015	referred to finance

Bill Amendments

Original

A (Active)

2015-S5282 - Details

See Assembly Version of this Bill:: A6903
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §315, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A4837
2019-2020: A4685
2021-2022: A6074
2023-2024: A3861

2015-S5282 - Summary

Relates to requiring agencies to provide unsuccessful bidders that are certified minority- and women-owned business enterprises with a written statement of the completion of the procurement selection process and that such enterprise was not selected.

2015-S5282 - Sponsor Memo

                                BILL NUMBER:S5282

TITLE OF BILL:

An act to amend the executive law, in relation to requiring agencies to
provide unsuccessful bidders that are certified minority and women-owned
business enterprises with a written statement articulating the reasons
for such rejection

PURPOSE OR GENERAL IDEA OF BILL:

To provide MWBE's whose bids have been rejected with the knowledge they
need to secure state contracts in the future

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 requires state agencies to provide a bidder that is a certi-
fied MWBE with a written notice stating specifically the reasons for
such rejection and offering recommendations for improvement. This notice
must inform the bidder of services available through the division of
Minority and Women-Owned Business Development and through the office of
the Minority and Women-Owned Business Enterprise Statewide Advocate.

Section 2 defines the effective date of this act.

JUSTIFICATION:

As we continue to strive towards achieving the 30% MWBE goal as outlined
by Governor Cuomo, we recognize that there will be times when an MWBE is
denied the opportunity to secure a state contract.  However, we should
still find ways to provide education to said MWBEs on why they were not
selected so that these capable businesses can take steps to improve
their chances for the future. With that goal in mind, these explanations
should not only clarify, the reasons why an MWBE was rejected, but
should also provide recommendations on how to improve so future consid-
eration is possible as well as likely. Too often, MWBEs are being turned
down from an opportunity but not being given information and explanation
as to why and how to get better as a business so that they may better
serve our fellow New Yorkers.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall become a
law.

2015-S5282 - Bill Text download pdf

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

                                  5282

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen. MARTINS -- 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 requiring agencies  to
  provide  unsuccessful  bidders  that are certified minority and women-
  owned business enterprises with a written statement  articulating  the
  reasons for such rejection

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

  Section 1. The executive law is amended by adding a new section  313-b
to read as follows:
  S 313-B. NOTICE UPON REJECTION OF A BID. THE DIRECTOR SHALL PROMULGATE
RULES  AND  REGULATIONS TO REQUIRE ALL CONTRACTING AGENCIES TO PROVIDE A
BIDDER THAT IS A CERTIFIED MINORITY-OWNED OR WOMEN-OWNED BUSINESS ENTER-
PRISE UPON THE REJECTION OF A BID WITH  A  WRITTEN  NOTICE  SPECIFICALLY
ARTICULATING  THE  REASONS  FOR  SUCH  REJECTION AND RECOMMENDATIONS FOR
IMPROVEMENT.   ANY SUCH NOTICE SHALL  ALSO  INFORM  THE  BIDDER  OF  THE
SERVICES AVAILABLE THROUGH THE DIVISION OF MINORITY AND WOMEN'S BUSINESS
DEVELOPMENT  AND  THE  OFFICE  OF  THE MINORITY AND WOMEN-OWNED BUSINESS
ENTERPRISE STATEWIDE ADVOCATE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law; provided however, that the amendments to article 15-A
of  the  executive  law made by section one of this act shall not affect
the expiration of such article and shall be deemed to expire  therewith;
provided,  further,  that  the  director of the division of minority and
women's business development shall be authorized to commence  the  rule-
making process required pursuant to section one of this act prior to the
effective date of this act.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09720-01-5

2015-S5282A (ACTIVE) - Details

See Assembly Version of this Bill:: A6903
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §315, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A4837
2019-2020: A4685
2021-2022: A6074
2023-2024: A3861

2015-S5282A (ACTIVE) - Summary

2015-S5282A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5282A

 TITLE OF BILL :

An act to amend the executive law, in relation to requiring agencies
to provide unsuccessful bidders that are certified minority and
women-owned business enterprises with a written statement articulating
the reasons for such rejection

 PURPOSE OR GENERAL IDEA OF BILL :

To provide MWBE's whose bids have been rejected with the knowledge
they need to secure state contracts in the future

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 requires state agencies to provide a bidder that is a
certified MWBE with a written notice stating the identity of the
winning bidder, and the specific reasons for such rejection and
offering recommendations for improvement. This notice must inform the
bidder of services available through the division of Minority and
Women-Owned Business Development and through the office of the
Minority and Women-Owned Business Enterprise Statewide Advocate.

Section 2 defines the effective date of this act.

 JUSTIFICATION :

As we continue to strive towards achieving the 30% MWBE goal as
outlined by Governor Cuomo, we recognize that there will be times when
an MWBE is denied the opportunity to secure a state contract.
However, we should still find ways to provide education to said MWBEs
on why they were not selected so that these capable businesses can
take steps to improve their chances for the future. With that goal in
mind, these explanations should not only clarify the reasons why an
MWBE was rejected, but should also provide recommendations on how to
improve so future consideration is possible as well as likely. Too
often, MWBEs are being turned down from an opportunity but not being
given information and explanation as to why and how to get better as a
business so that they may better serve our fellow New Yorkers.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall become
a law.

2015-S5282A (ACTIVE) - Bill Text download pdf

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

                                 5282--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the executive law, in relation to requiring agencies to
  provide unsuccessful bidders that are certified  minority  and  women-
  owned  business  enterprises with a written statement articulating the
  reasons for such rejection

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

  Section 1. Section 315 of the executive law is amended by adding a new
subdivision 2-a to read as follows:
  2-A.  THE  DIRECTOR  SHALL PROMULGATE RULES AND REGULATIONS TO REQUIRE
ALL CONTRACTING AGENCIES TO  PROMPTLY  PROVIDE  WRITTEN  NOTICE  TO  ALL
UNSUCCESSFUL  BIDDERS  THAT  ARE CERTIFIED MINORITY-OWNED OR WOMEN-OWNED
BUSINESS ENTERPRISES ADVISING SUCH ENTERPRISES OF THE  COMPLETION  OF  A
PROCUREMENT SELECTION PROCESS AND THAT SUCH ENTERPRISE WAS NOT SELECTED.
SUCH  NOTICE  SHALL  ALSO  (A)  DISCLOSE  THE IDENTITY OF THE SUCCESSFUL
BIDDER OR BIDDERS; (B) ADVISE SUCH ENTERPRISE, TO THE  EXTENT  PRACTICA-
BLE,  OF  THE REASONS FOR NOT BEING SELECTED; (C) INCLUDE, TO THE EXTENT
PRACTICABLE, GUIDANCE CONCERNING METHODS OF IMPROVING  FUTURE  PROPOSALS
OR  BIDS  BY SUCH ENTERPRISE; (D) ADVISE SUCH ENTERPRISE, IF APPLICABLE,
OF THE OPPORTUNITY TO REQUEST  A  DEBRIEFING  PURSUANT  TO  SECTION  ONE
HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW; AND (E) INFORM SUCH ENTER-
PRISE  OF  THE  SERVICES  AVAILABLE THROUGH THE DIVISION OF MINORITY AND
WOMEN'S  BUSINESS  DEVELOPMENT  AND  THE  OFFICE  OF  THE  MINORITY  AND
WOMEN-OWNED BUSINESS ENTERPRISE STATEWIDE ADVOCATE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided however, that the amendments to article 15-A
of the executive law made by section one of this act  shall  not  affect

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09720-03-6

S. 5282--A                          2

the  expiration of such article and shall be deemed to expire therewith;
provided, further, that the director of the  division  of  minority  and
women's  business  development shall be authorized to commence the rule-
making process required pursuant to section one of this act prior to the
effective date of this act.

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