NY State Senate Bill 2015-S5698

Senate Bill S5698

2015-2016 Legislative Session

Relates to requiring third party oversight over the state's contracting agency's procurement procedure

download bill text pdf

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to finance
May 28, 2015	referred to finance

2015-S5698 (ACTIVE) - Details

See Assembly Version of this Bill:: A6905
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §316-b, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1847, S7137, A4437
2019-2020: S213, A4686
2021-2022: S611, S8090, A6075
2023-2024: S5077, A3945

2015-S5698 (ACTIVE) - Summary

Relates to requiring third party oversight over the state's contracting agency's procurement procedure specific to the use of minority- and women-owned businesses.

2015-S5698 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5698

TITLE OF BILL:  An act to amend the executive law, in relation to
third party oversight for state contracts involving minority and
women-owned businesses

PURPOSE OR GENERAL IDEA OF BILL:  To ensure that State contracts are
being reviewed and distributed fairly among Minority and Women-Owned
Business Enterprise bidders.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes an independent third party to oversee each
contracting agency's procurement procedure for contracts made with
Minority and Women-Owned Businesses. Each of these contracting
agencies submit information to this third party including proposed and
confirmed procurement opportunities, a list of all bids for each
contract, and a list of all contractors awarded waivers. This third
party shall create an evaluation system that asses each agency's
utilization of Minority and Women-Owned businesses' and the
established procurement goals. Additionally, this third party entity
is required to provide a monthly and annual metrics based reporting,
along with observations and recommendations for improvements of the
MWBE contracting process including a clearly defined MWBE point person
within each agency.

Section 2 defines the effective date of this act.

JUSTIFICATION:  As we strive to achieve the MWBE goal as outlined by
Governor Cuomo, it is crucial that contracting agencies make
considerations that are both fair and impartial. Doing so will allow
MWBE's to transcend those barriers, so that they may be judged n their
merit alone.  Equally crucial is that we tackle any challenge, whether
perceived or actual, that poses a threat towards this balance of
fairness and impartiality. Such a threat is noted in the rise of MWBE
fraud as outlined recently by Manhattan District Attorney CY Vance.
This legislation would require a third party entity to oversee the
MWBE auditing and reporting procurement process. As part of this
process the third party entity would provide monthly and annual
metrics based reporting and recommendations. It would ensure an
unbiased mechanism for review and responsiveness without fear of a
potential pushback from any administration or legislature.

PRIOR LEGISLATIVE HISTORY:  New Bill

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect immediately and shall
expire on the same date and in the same manner as article 15-a of the
executive law pursuant to subdivision (h) of section 121 of chapter
261 of the laws of 1988, as amended.

2015-S5698 (ACTIVE) - Bill Text download pdf

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

                                  5698

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 28, 2015
                               ___________

Introduced  by Sen. SQUADRON -- 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 third party  oversight
  for state contracts involving minority and women-owned businesses

  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  316-b
to read as follows:
  S  316-B. THIRD PARTY OVERSIGHT. 1. A THIRD PARTY ENTITY NOT EMPLOYED,
ENGAGED IN BUSINESS WITH OR HOLDING OFFICE IN NEW YORK  STATE  SHALL  BE
SELECTED  BY  THE LEGISLATURE AND CONFIRMED BY THE CHIEF DIVERSITY OFFI-
CER, AS DEFINED IN SECTION FOUR-A OF THIS CHAPTER, THROUGH A REQUEST FOR
PROPOSAL PROCESS TO OVERSEE EACH CONTRACTING AGENCY'S PROCUREMENT PROCE-
DURE  FOR  CONTRACTS  MADE  DIRECTLY  OR  INDIRECTLY  TO  MINORITY   AND
WOMEN-OWNED BUSINESSES.
  2.  EACH  CONTRACTING AGENCY SHALL SUBMIT THE FOLLOWING INFORMATION TO
SUCH THIRD PARTY ENTITY ON A QUARTERLY BASIS:
  (A) TOTAL AGENCY  PROCUREMENT  INCLUDING  FROM  WHICH  INDUSTRY  UNDER
SUBDIVISION  ONE  OF SECTION THREE HUNDRED THIRTEEN OF THIS ARTICLE EACH
CONTRACT IS CATEGORIZED;
  (B) UPCOMING CONFIRMED AND PROPOSED PROCUREMENT OPPORTUNITIES  INCLUD-
ING  ESTIMATED  OVERALL  COST AND STEPS TAKEN OR TO BE TAKEN IN ORDER TO
ENSURE MAXIMUM FEASIBLE PARTICIPATION OF MINORITY AND WOMEN-OWNED  BUSI-
NESS;
  (C)  A  LIST  OF  ALL  BIDS  FOR EACH CONTRACT INCLUDING A LIST OF ALL
CONTRACTORS, KNOWN SUBCONTRACTORS, AND WHETHER ANY OR ALL QUALIFY  AS  A
MINORITY OR WOMEN-OWNED BUSINESS; AND
  (D)  A  LIST  OF  ALL  CONTRACTOR'S  AWARDED  WAIVERS  WITH SUPPORTING
DOCUMENTATION ILLUSTRATING SUCH CONTRACTOR'S GOOD FAITH EFFORT TO COMPLY
WITH THE CRITERIA OUTLINED IN SUBDIVISION SEVEN OF SECTION THREE HUNDRED
THIRTEEN OF THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09830-01-5

S. 5698                             2

  3. SUCH THIRD PARTY ENTITY SHALL DEVELOP  AN  EVALUATION  SYSTEM  THAT
CLEARLY  DELINEATES  AND  COMPARES EACH AGENCY'S UTILIZATION OF MINORITY
AND  WOMEN-OWNED  BUSINESSES  AND  THE  ESTABLISHED  PROCUREMENT   GOALS
OUTLINED  IN  SUBDIVISION  ONE OF SECTION THREE HUNDRED THIRTEEN OF THIS
ARTICLE.
  4.  SUCH THIRD PARTY ENTITY SHALL REPORT ANNUALLY ON THE FIFTEENTH DAY
OF MAY DIRECTLY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE  SENATE  AND
SPEAKER  OF  THE  ASSEMBLY  THE COLLECTIVE FINDINGS FROM THE PAST YEAR'S
QUARTERLY SUBMISSIONS. ADDITIONALLY, SUCH REPORT SHALL BE MADE AVAILABLE
ON THE EMPIRE STATE DEVELOPMENT DIVISION OF MINORITY AND  WOMEN'S  BUSI-
NESS DEVELOPMENT WEBSITE FOR PUBLIC REVIEW.
  S  2.  This  act shall take effect immediately and shall expire on the
same date and in the same manner as article 15-a of  the  executive  law
pursuant to subdivision (h) of section 121 of chapter 261 of the laws of
1988, as amended.

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