BILL NUMBER: S1869

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to the award of
certain contracts to small businesses and/or businesses certified under
article 15-A of the executive law; and providing for the repeal of such
provisions upon expiration thereof

 
PURPOSE:

To amend the Public Authorities Law in relation to expanded opportu-
nities for minority, women-owned and small business enterprises.

 
SUMMARY OF PROVISIONS:

This bill amends the PublicòAuthorities Law to authorize the Dormitory
Authority of the State of New York (DASNY) to create a pilot program
that would increase minority, women-owned and small business partic-
ipation in the State's and Authority's procurement process.  Specif-
              

ically, this bill would: establish a short-term pilot project that
permits competitive bidding of contracts for goods and services, includ-
ing construction services by small and/or minority and women-owned busi-
nesses; provide for the evaluation of amounts paid under the pilot
program compared with amounts awarded under other non-pilot contracts
for the same goods or services; and, require an annual of assessment of
the effectiveness of these procedures in helping meet goals established
pursuant to Executive Law Article 15-A.

 
JUSTIFICATION:

New York State agencies and public authorities are responsible for
ensuring compliance with various statutes, executive orders and regu-
lations whose purpose is to expand opportunities for minority, women-
owned and small businesses that may have been previously excluded or
substantially underutilized in the State's procurements.  The underu-
tilization of small and minority and women-owned businesses in the
State's contracting opportunities can be attributed, in part, to a
distinct absence of actual work experience.  The State often finds this
a daunting challenge, which grows particularly more difficult in this
era of economic uncertainty. In an effort to help State agencies/public
authorities to meet their policy goals, the legislature successfully
negotiated the enactment of legislation that took a major first step by
creating a statewide mentor-protegee program.

The legislature continues to explore ways to assist State agencies and
public authorities in their efforts and with a view toward more immedi-
ate participation, through this legislation, takes an important next
step. Through this pilot project, minority, women and small businesses
will be able to successfully compete for State procurements as
instructed by authority procurement guidelines. As a result of guide-
lines that are authority-specific and meet, unique procurement require-
ments of the authority, participating small and minority-owned busi-
nesses can gain experience that will be needed for them to more
effectively compete in the marketplace.

 
EXISTING LAW:

Sections 1696-1699 of the Public Authorities Law permit the designation
of purchases and. contracts for construction and services in certain,
instances, to be bid by minority and small business concerns.

 
LEGISLATIVE HISTORY:

2018: A.9990-Referred to corporations, authorities and commissions
2017: A.4759-Referred to Corporations, Authorities and Commissions.
2015-16: A.2577-Referred to Corporations, Authorities and Commissions.
2013-14: A.5699-Referred to Corporations, Authorities and Commissions.
2011-12: A.5863-Referred to Corporations, Authorities and Commissions.
2010: A.11249- Referred to Corporations, Authorities and Commissions.

 
FISCAL IMPLICATIONS:

None. The pilot program is limited to the utilization of existing
authority assets and is capped.

 
EFFECTIVE DATE:
Immediately and shall expire on July 1, 2022.