Assembly Bill A3861

Vetoed By Governor
2023-2024 Legislative Session

Relates to requiring agencies to provide unsuccessful bidders that are certified minority and women-owned business enterprises with a written statement articulating the reasons for rejection

download bill text pdf

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Current Bill Status Via S1419 - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2023-A3861 (ACTIVE) - Details

See Senate Version of this Bill:
S1419
Law Section:
Executive Law
Laws Affected:
Amd §315, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6903
2017-2018: A4837
2019-2020: A4685, S8778
2021-2022: A6074, S3736

2023-A3861 (ACTIVE) - Summary

Relates to requiring agencies to provide unsuccessful bidders that are certified minority- and women-owned business enterprises with a written statement of the completion of the procurement selection process and that such enterprise was not selected.

2023-A3861 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3861
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Governmental Operations
 
 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-b to read as follows:
   2-B. 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.
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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