NY State Senate Bill 2023-S8497

Senate Bill S8497

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

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Current Bill Status - In Senate Committee Procurement And Contracts 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
Feb 06, 2024	referred to procurement and contracts

co-Sponsors

2023-S8497 (ACTIVE) - Details

Current Committee:: Senate Procurement And Contracts
Law Section:: Executive Law
Laws Affected:: Amd §315, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8778
2021-2022: S3736

2023-S8497 (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-S8497 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8497

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to provide MWBEs which have had bids
rejected with the knowledge they need to secure state contracts in the
future:

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 requires the Director of the Division of Minority and Women's
Business Development to promulgate rules regulations requiring all
contracting agencies to promptly provide written notice to unsuccessful
bidders that are MWBEs notifying them that they were not selected and

the reasons why, and to disclose the identity of the successful bidder,
offer guidance for improving future proposals, and advise such MWBE of
services and debriefings available to help them with future proposals.

Section 2 establishes the effective date of this act.

 
JUSTIFICATION:

As we continue to strive towards achieving the 30%. MWBE goal as
outlined by Governor Cuomo, we recognize that there will be times when
an MWBE is denied the opportunity to secure a state contract.  However,
we should still find ways to provide education to said MWBEs on why they
were not selected so that these capable businesses can take steps to
improve their chances for the future. With that goal in mind, these
explanations should not only clarify the reasons why an MWBE was
rejected, but should also provide recommendations on how to improve so
future consideration is possible as well as likely. Too often, MWBEs are
being turned down from an opportunity but not being given information
and explanation as to why and how to get better as a business so that
they may better serve our fellow New Yorkers.

 
PRIOR LEGISLATIVE HISTORY:

2023: vetoed

2022: S3736 2015/16 A.6903 Referred to Governmental Operations/S.5282
Referred to finance

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become a
law; provided however, that the amendments to article 15-A of the execu-
tive 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 busi-
ness 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.

2023-S8497 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8497
 
                             I N  S E N A T E
 
                             February 6, 2024
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 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
                       [ ] is old law to be omitted.
                                                            LBD03559-01-3

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Senate Bill S8497

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Sponsored By

Leroy Comrie