S T A T E   O F   N E W   Y O R K
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                                 6903--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 10, 2015
                               ___________

Introduced  by M. of A. BLAKE, RODRIGUEZ, PEOPLES-STOKES, TITUS, COLTON,
  MOSLEY, BARRON, COOK, JOYNER, WRIGHT, SEAWRIGHT, CROUCH, JAFFEE, HOOP-
  ER, SCHIMEL -- Multi-Sponsored by -- M. of A. THIELE, WOERNER --  read
  once  and  referred  to  the  Committee  on Governmental Operations --
  recommitted to the Committee on Governmental Operations in  accordance
  with  Assembly  Rule  3, sec. 2 -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09720-02-6

              

A. 6903--A                          2

  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.