NY State Senate Bill 2019-S9094

Senate Bill S9094

2019-2020 Legislative Session

Relates to requiring contracting agencies to contact minority and women-owned business enterprises when such enterprise is listed on a utilization plan

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Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 16, 2020	referred to rules

co-Sponsors

2019-S9094 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §313, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S634
2023-2024: S1757

2019-S9094 (ACTIVE) - Summary

Requires contracting agencies to contact minority and women-owned business enterprises when such enterprise is listed on a utilization plan and mandates that the prime contractor use such enterprise identified on the utilization plan, unless such enterprise cannot perform or is no longer state certified.

2019-S9094 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9094

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring contracting
agencies to contact minority and women-owned business enterprises when
such enterprise is listed on a utilization plan

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would requires contractors to submit a utilization plan at the
time it submits a bid and specifies timeframes when work assignment and
payments to MWBES must be received and made, respectively.

 
SUMMARY OF PROVISIONS:

This legislation seeks to prevent contractors from circumventing Article
15-A to the detriment of MWBEs. This bill strengthens Article 15-A by
requiring:

1) Contractors to submit a utilization plan at the time it submits a bid
in response to a Request For Proposal (RFP)from an agency or authority;

2) Agencies or authorities to contact and inform the MBE and WBE that
they were identified on the utilization plan;

3) Contractors to provide MBEs and WBEs with a work assignment and
execute a subcontract agreement within 30 days of being awarded the
contract from the agency or authority.A contractor's failure to comply
with this provision will result in the agency awarding the contract to
the next lowest bidder;

4) Contractors to make a payment to the MBE or WBE within 10 days of
receiving payment from the agency or authority.

 
JUSTIFICATION:

Due to certain loop holes in Article 15-A, contractors are not required
to submit a utilization plan until after it is awarded a contract or
submits a utilization plan without contacting the MBE or WBE but uses
their information to be considered and/or awarded contracts. This bill
also specifies the time frame for a contractor to execute a subcontract
agreement; provide work assignments; payments to MBEs and WBEs post
contract award.Failure for contractors to comply with these provisions
will result in the agency or authority awarding contract to next lowest
bidders.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S9094 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9094
 
                             I N  S E N A T E
 
                             November 16, 2020
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to requiring  contracting
   agencies to contact minority and women-owned business enterprises when
   such enterprise is listed on a utilization plan
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a) and (b) of subdivision 5 of section  313  of
 the  executive  law,  as  amended by chapter 96 of the laws of 2019, are
 amended to read as follows:
   (a) Contracting agencies shall administer the  rules  and  regulations
 promulgated  by the director in a good faith effort to achieve the maxi-
 mum feasible participation by minority and women owned  business  enter-
 prises  adopted  pursuant  to  this  article  and the regulations of the
 director. Such rules and regulations:  shall  require  a  contractor  to
 submit a utilization plan after bids are opened, when bids are required,
 but  prior to the award of a state contract; shall require the contract-
 ing agency to review the utilization plan submitted  by  the  contractor
 and  to  post  the utilization plan and any waivers of compliance issued
 pursuant to subdivision six of  this  section  on  the  website  of  the
 contracting  agency;  SHALL REQUIRE THE CONTRACTING AGENCY TO NOTIFY THE
 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE WHEN LISTED ON THE UTILIZA-
 TION PLAN; shall require the contracting agency to notify the contractor
 in writing within a period of time specified by the director as  to  any
 deficiencies  contained  in  the  contractor's  utilization  plan; shall
 require remedy thereof within a period of time specified by  the  direc-
 tor;  shall require the contractor to submit periodic compliance reports
 relating to the operation and implementation of  any  utilization  plan;
 shall  not  allow  any automatic waivers but shall allow a contractor to
 apply for a partial or total waiver  of  the  minority  and  women-owned
 business  enterprise participation requirements pursuant to subdivisions
 six and seven of this section;  shall  allow  a  contractor  to  file  a
 complaint  with  the  director  pursuant  to  subdivision  eight of this
 section in the event a contracting agency has failed or refused to issue
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD17433-01-0

 S. 9094                             2
 
 a waiver of the minority and  women-owned  business  enterprise  partic-
 ipation  requirements or has denied such request for a waiver; and shall
 allow a contracting agency to file a complaint with the director  pursu-
 ant  to  subdivision  nine  of this section in the event a contractor is
 failing or has failed to comply with the minority and women-owned  busi-
 ness  enterprise  participation  requirements  set  forth  in  the state
 contract where no waiver has been granted.
   (b) The rules and regulations promulgated pursuant to this subdivision
 regarding a utilization plan shall provide that where  enterprises  have
 been  identified  within a utilization plan, a contractor shall attempt,
 in good faith, to utilize such enterprise [at least to the extent  indi-
 cated], UNLESS SUCH ENTERPRISE CANNOT PERFORM UNDER THE CONTRACT OR SUCH
 ENTERPRISE IS NO LONGER CERTIFIED BY THE STATE. A contracting agency may
 require  a contractor to indicate, within a utilization plan, what meas-
 ures and procedures he or  she  intends  to  take  to  comply  with  the
 provisions  of  this  article[,  but  may not require, as a condition of
 award of, or compliance with, a contract that  a  contractor  utilize  a
 particular enterprise in performance of the contract].
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to paragraphs (a) and (b) of subdivision 5 of section 313
 of the executive law made by section one of this act  shall  not  affect
 the repeal of such section and shall be deemed repealed therewith.

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Senate Bill S9094

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Sponsored By

James Sanders Jr.