BILL NUMBER: S7245

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the executive law, in relation to authorizing the empire
state development corporation to retain one or more independent MWBE
consultant firms to conduct an independent review of procurement proce-
dures utilized by state agencies

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires the empire state development corporation to establish
an independent consulting firm that would promulgate rules and regu-
lations for state agencies and provide for outreach during the state
procurement process

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 311-a of the executive law to require empire
state development to retain an independent minority and women-owned
consultant firm to conduct independent review or procurement procedures
              

utilized by state agencies, the level of training of the staff involved
in such process and outreach measures to ensure the firm remains an
advocate with a report done on a quarterly basis.

Section 2 is the enacting clause.

 
JUSTIFICATION:

This bill allows for the state agencies to become more knowledgeable on
issues related to achieving the goals set forth by Article 15a, the
minority and women-owned business enterprise (MWBE) program, through a
review of minority and women-owned business procurement practices by
state agencies.

While there are a series of goals set forth by state and local programs,
some agencies and their respective staff may be unaware of MWBE procure-
ment goals, procurement discretionary thresholds and standard way of
doing business with small businesses and MWBEs. In the recent past,
MWBEs and small businesses have been promised payment for rendered
services to the agencies and have not been paid.  Usually, a standard
process or contractual agreement including invoicing was not properly in
place by the agencies leaving many small businesses stranded with sunk
cost, no payment or not the correct payment owed to them based on
contractual agreement.

Providing for further understanding through a consultant firm will help
the state in the procurement process and provide for a diverse, and
healthy business environment across New York state that will not hurt
MBE and small business procurement practices but further advance them
for growth.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: A05572, referred to government operations

2017-18: A9934; Referred to government operations

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately