NY State Senate Bill 2025-S2439

Senate Bill S2439

2025-2026 Legislative Session

Encourages the participation of minority and women-owned business enterprises in state contracts

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 17, 2025	referred to procurement and contracts

co-Sponsors

2025-S2439 (ACTIVE) - Details

See Assembly Version of this Bill:: A359
Current Committee:: Senate Procurement And Contracts
Law Section:: Executive Law
Laws Affected:: Amd §313, Exec L; amd §139-g, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A6906
2017-2018: A4430
2019-2020: S8767, A5139
2021-2022: S3943, A6068
2023-2024: S1548, A3852

2025-S2439 (ACTIVE) - Summary

Encourages the participation of minority- and women-owned business enterprises in state contracts by avoiding unnecessary and unjustified bundling of contract requirements that preclude minority- and women-owned business participation.

2025-S2439 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2439

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the executive law and the state finance law, in relation
to encouraging the participation of minority and women-owned business
enterprises in state contracts

 
PURPOSE OR GENERAL IDEA OF BILL:

To encourage the participation of Minority and Women-Owned Business
Enterprises in state contracts by making it more feasible for MWBE's to
secure contracts.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 313 f of the executive law by requiring that
each state contract avoids unnecessary and unjustified building of
contract requirements that precludes Minority and Women-Owned Business
Enterprises' Participation in procurements as prime contractors.

Section 2 amends section 139-g of the state finance law by requiring
each state contract avoids unnecessary and unjustified bundling of
contract requirements that precludes small and certified women and
minority-owned business' participation in procurement as prime contrac-
tors.

Section 3 (a) amends section 313 of the executive law to require a
contracting agency to refer to the Disparity Study when administering
MWBE related regulations. (b) creates a program allowing agencies to
evaluate contracts as to identify ways which certified businesses may
best bid to facilitate the award of a fair share of state contracts to
such businesses (c) requires agencies to consider the severability of
contracts where it applies, and to comply with the regulations of any
MWBE related federal law.

Section 4 establishes the effective date of this act

 
JUSTIFICATION:

In order to afford MWBE's greater opportunity in competing for contracts
and funding, we must find ways to unbundle contracts. In a letter in
2002, the Office of Federal Procurement said, "Although contract bundl-
ing can serve a useful purpose, the effect of this increase in contract
bundling over the past ten years cannot be underestimated. Not only are
substantially fewer small business receiving federal contracts, but the
federal government is suffering from a reduced supplier base". A similar
impact is felt on the state and city level, and it should be avoided
whenever possible. While understanding that contracts are often bundled
as a means of cost-saving, we have to find ways to identify more capable
companies who are able to do the work to improve the lives of New York-
ers. Doing so will increase the likelihood of more certification. MWBEs
having an opportunity for state procurement and funding.

 
PRIOR LEGISLATIVE HISTORY:

2024: S1548 Comrie/ A3852 Jackson

2022: S3943

2015-16 A.6906 Reported and referred to Ways and Means

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S2439 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2439
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2025
                                ___________
 
 Introduced  by  Sens.  COMRIE, FERNANDEZ, PARKER, WEBB -- 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 and the state finance law, in relation
   to  encouraging the participation of minority and women-owned business
   enterprises in state contracts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2-a  of  section 313 of the executive law is
 amended by adding a new paragraph (k) to read as follows:
   (K) REQUIRE THAT EACH STATE CONTRACT AVOIDS UNNECESSARY  AND  UNJUSTI-
 FIED  BUNDLING  OF  CONTRACT  REQUIREMENTS  THAT  PRECLUDES MINORITY AND
 WOMEN-OWNED BUSINESS ENTERPRISES' PARTICIPATION IN PROCUREMENTS AS PRIME
 CONTRACTORS.  FOR PURPOSES OF THIS PARAGRAPH, "UNNECESSARY AND  UNJUSTI-
 FIED" SHALL MEAN NOT REQUIRED, NOT NEEDED AND WITH NO LEGITIMATE REASON.
   § 2. Section 139-g of the state finance law is amended by adding a new
 subdivision (e) to read as follows:
   (E)  REQUIRE  THAT EACH STATE CONTRACT AVOIDS UNNECESSARY AND UNJUSTI-
 FIED BUNDLING OF CONTRACT REQUIREMENTS THAT PRECLUDES SMALL  AND  CERTI-
 FIED WOMEN AND MINORITY-OWNED BUSINESS' PARTICIPATION IN PROCUREMENTS AS
 PRIME  CONTRACTORS.   FOR PURPOSES OF THIS SUBDIVISION, "UNNECESSARY AND
 UNJUSTIFIED" SHALL MEAN NOT REQUIRED, NOT NEEDED AND WITH NO  LEGITIMATE
 REASON.
   §  3. Subdivision 4 of section 313 of the executive law, as amended by
 chapter 96 of the laws of 2019, is amended to read as follows:
   4. In the implementation of this section, the contracting agency shall
 (a) consult the findings contained within the disparity study evidencing
 relevant industry specific disparities in the  utilization  of  minority
 and women-owned businesses relative to their availability;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00548-01-5
 S. 2439                             2

   (b)  implement  a program that will enable the agency to evaluate each
 contract to determine the appropriate goal for participation by  minori-
 ty-owned business enterprises and women-owned business enterprises; AND
   (c)  [consider  where  practicable,  the  severability of construction
 projects and other bundled contracts; and
   (d)] consider compliance with the  requirements  of  any  federal  law
 concerning  opportunities  for  minority and women-owned business enter-
 prises which effectuates the purpose of this  section.  The  contracting
 agency shall determine whether the imposition of the requirements of any
 such  law  duplicate  or conflict with the provisions hereof and if such
 duplication or conflict exists, the contracting agency shall  waive  the
 applicability  of  this  section  to  the  extent of such duplication or
 conflict.
   § 4. This act shall take effect immediately;  provided  however,  that
 the  amendments to section 313 of the executive law made by sections one
 and three of this act shall not affect the repeal of  such  article  and
 shall be deemed repealed therewith.

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Senate Bill S2439

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Sponsored By

Leroy Comrie