S T A T E O F N E W Y O R K
________________________________________________________________________
7960
I N S E N A T E
March 13, 2018
___________
Introduced by Sen. RANZENHOFER -- (at request of the Dormitory Authori-
ty) -- read twice and ordered printed, and when printed to be commit-
ted to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the award of
contracts to small businesses, minority-owned business enterprises and
women-owned business enterprises; and providing for the repeal of such
provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1678 of the public authorities law is amended by
adding a new subdivision 29 to read as follows:
29. NOTWITHSTANDING ANY LAW TO THE CONTRARY, TO ESTABLISH A PILOT
PROGRAM FOR THE AWARD OF CONTRACTS UP TO THE MAXIMUM DOLLAR AMOUNT SPEC-
IFIED IN PARAGRAPH (E) OF THIS SUBDIVISION, FOR THE PROCUREMENT OF GOODS
OR SERVICES FROM, OR FOR THE CONSTRUCTION, RECONSTRUCTION, REHABILI-
TATION OR IMPROVEMENT OF FACILITIES BY, SMALL BUSINESSES AS DEFINED IN
SECTION ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW AND/OR
MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES AS DEFINED IN
SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW, NOTWITHSTANDING THE
EXPIRATION OF SUCH SECTION PURSUANT TO SUBDIVISION (H) OF SECTION ONE
HUNDRED TWENTY-ONE OF CHAPTER TWO HUNDRED SIXTY-ONE OF THE LAWS OF NINE-
TEEN HUNDRED EIGHTY-EIGHT, AS AMENDED, IN ACCORDANCE WITH THE FOLLOWING
PROVISIONS:
(A) PROCUREMENTS MADE PURSUANT TO THIS SUBDIVISION SHALL BE GOVERNED
BY THE AUTHORITY'S PROCUREMENT POLICY AND GUIDELINES ADOPTED PURSUANT TO
SECTION TWO THOUSAND EIGHT HUNDRED SEVENTY-NINE OF THE PUBLIC AUTHORI-
TIES LAW, WITH PARTICIPATION IN THE PILOT PROGRAM RESERVED EXCLUSIVELY
TO SMALL BUSINESSES, AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE OF THE
ECONOMIC DEVELOPMENT LAW, AND/OR MINORITY-OWNED AND WOMEN-OWNED BUSINESS
ENTERPRISES, AS DEFINED IN SECTION THREE HUNDRED TEN OF THE EXECUTIVE
LAW.
(B) PROCUREMENTS MADE PURSUANT TO THIS SUBDIVISION SHALL BE DESIGNATED
AS SUCH BY THE AUTHORITY, IN ITS SOLE DISCRETION. SUCH DESIGNATION SHALL
BE MADE PRIOR TO THE ADVERTISEMENT AND REQUEST FOR BIDS OR PROPOSALS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14384-01-8
S. 7960 2
AND ANY SUCH ADVERTISEMENT OR REQUEST SHALL INDICATE THIS DESIGNATION
CLEARLY.
(C) IF THE TOTAL NUMBER OF PARTIES RESPONDING AND CONSIDERED CAPABLE
OF MEETING THE SPECIFICATIONS AND TERMS OF THE ADVERTISEMENT AND REQUEST
FOR BIDS OR PROPOSALS IS LESS THAN THREE, OR IF THE AUTHORITY DETERMINES
THAT ACCEPTANCE OF ANY BID OR PROPOSAL WILL RESULT IN THE PAYMENT OF AN
UNREASONABLE PRICE, THE AUTHORITY SHALL REJECT ALL RESPONSES AND WITH-
DRAW THE DESIGNATION MADE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
(D) PROCUREMENTS MADE PURSUANT TO THIS SUBDIVISION MAY BE UNDERTAKEN
IN CONJUNCTION WITH SECTION ONE HUNDRED FORTY-SEVEN OF THE STATE FINANCE
LAW AUTHORIZING A MENTOR-PROTEGE PROGRAM TO FOSTER LONG-TERM RELATION-
SHIPS BETWEEN APPROVED MENTOR FIRMS AND SMALL BUSINESS CONCERNS AND
MINORITY AND WOMEN-OWNED BUSINESSES CERTIFIED PURSUANT TO ARTICLE
FIFTEEN-A OF THE EXECUTIVE LAW.
(E) THE TOTAL VALUE OF CONTRACTS AWARDED PURSUANT TO THIS SUBDIVISION
SHALL NOT EXCEED THE GREATER OF TWENTY MILLION DOLLARS OR FIVE PERCENT
OF THE VALUE OF ALL CONTRACTS AWARDED BY THE AUTHORITY IN A GIVEN FISCAL
YEAR.
§ 2. This act shall take effect immediately and shall expire July 1,
2022 when upon such date the provisions of this act shall be deemed
repealed.