NY State Senate Bill 2025-S5127

Senate Bill S5127

2025-2026 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 19, 2025	referred to procurement and contracts

co-Sponsors

2025-S5127 (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
2023-2024: S1419, S8497

2025-S5127 (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.

2025-S5127 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5127

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:

2024: S8497- procurement and contracts

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.

2025-S5127 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5127
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 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, 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.
                                                            LBD06070-01-5

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Senate Bill S5127

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Sponsored By

Leroy Comrie