Senate Bill S5987B

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5987

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public authorities law, in relation to  establishing
  the  metropolitan  transportation  authority  small business mentoring
  program; and providing for the repeal of such provisions upon  expira-
  tion thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings.   Historically, in  the  construction
industry,  there have been significant obstacles to the ability of small
businesses to compete for public work contracts. These include the  lack
of  sufficient  construction  management  expertise  to  compete for and
perform public work contracts and prime contractor and statutory  public
work  contracting requirements that may present insurmountable obstacles
to a small, inexperienced business including requirements  with  respect
to bonding, insurance and competitive bidding.
  It  is  hereby declared that there is a public purpose in initiating a
mentoring program to be implemented by the  metropolitan  transportation
authority  for  itself  and  its  affiliates  and subsidiaries that will
afford participating small businesses with  the  opportunity  to  obtain
public work construction management experience and training by providing
the  small  businesses  with  the  mentoring  services of an experienced
construction firm and with the opportunity to compete with certain other
small businesses in the program for the award of designated public  work
contracts.
  It  is  also hereby declared to be in the public interest of the state
of New York to authorize the metropolitan transportation  authority  and
its affiliates and subsidiaries to allocate a portion of their funds for
the  purpose of retaining on a competitive basis successful construction
management firms to act as mentors to small businesses participating  in
the  mentoring  program,  to  provide  such small businesses training to
facilitate their growth into successful bidders and performers on public
work contracts. It is also in the public interest for the state  of  New
York  to  provide for certain exceptions to the provisions of the public

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14142-01-9

S. 5987                             2

authorities law, the state finance law, and the insurance law to  enable
the metropolitan transportation authority and its affiliates and subsid-
iaries to designate specific public work contracts for award through the
mentoring  program  to  competing  small businesses participating in the
program and to waive or modify  otherwise  applicable  requirements  for
advertised  and  sealed  competitive bidding, bonding, and insurance for
such designated public work contracts.
  S 2. The public authorities law is amended by  adding  a  new  section
1265-b to read as follows:
  S 1265-B. METROPOLITAN TRANSPORTATION AUTHORITY SMALL BUSINESS MENTOR-
ING PROGRAM. 1. DEFINITIONS. AS USED IN THIS SECTION, UNLESS THE CONTEXT
REQUIRES  OTHERWISE:  (A) "AUTHORITY" MEANS THE METROPOLITAN TRANSPORTA-
TION AUTHORITY AND ITS SUBSIDIARIES CONSISTING OF THE LONG  ISLAND  RAIL
ROAD COMPANY, METRO-NORTH COMMUTER RAILROAD COMPANY, METROPOLITAN SUBUR-
BAN  BUS AUTHORITY, STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY, MTA
BUS, MTA CAPITAL CONSTRUCTION COMPANY, AND FIRST  MUTUAL  TRANSPORTATION
ASSURANCE  COMPANY,  AND  ITS AFFILIATES CONSISTING OF THE NEW YORK CITY
TRANSIT AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, AND MANHATTAN
AND BRONX SURFACE TRANSIT OPERATING AUTHORITY;
  (B) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE AUTHORITY
AND ITS SUBSIDIARIES AND AFFILIATES;
  (C) "SMALL BUSINESS" MEANS A BUSINESS IN THE CONSTRUCTION TRADES WHICH
(I) IS INDEPENDENTLY OWNED AND OPERATED; (II) HAS  ANNUAL  REVENUES  NOT
EXCEEDING  A  FISCAL  LIMITATION  OF FIVE MILLION DOLLARS OR SUCH LESSER
AMOUNT AS ESTABLISHED BY THE AUTHORITY PURSUANT TO THESE PROVISIONS; AND
(III) MEETS ADDITIONAL CRITERIA AS OTHERWISE ESTABLISHED BY  THE  EXECU-
TIVE DIRECTOR IN CONSULTATION WITH THE MEMBERS OF THE MTA SMALL BUSINESS
MENTORING  PROGRAM  ADVISORY COMMITTEE. THE CHAIR OF THE COMMITTEE SHALL
BE THE CHIEF DIVERSITY OFFICER OF THE MTA. THE AUTHORITY SHALL ESTABLISH
A DETAILED DEFINITION IN GENERAL AND SPECIFIC TO DIFFERENT  SEGMENTS  OF
THE  CONSTRUCTION  INDUSTRY TO THE EXTENT NECESSARY TO REFLECT DIFFERING
CHARACTERISTICS OF SUCH SEGMENTS BASED  ON  THE  CRITERIA  USED  BY  THE
UNITED  STATES  SMALL  BUSINESS  ADMINISTRATION FOR LOANS TO SMALL BUSI-
NESSES AS SET FORTH IN SECTIONS 121.301 THROUGH 121.305, OR FOR AWARDING
GOVERNMENT  PROCUREMENTS  AS  SET  FORTH  IN  SECTIONS  121.401  THROUGH
121.413,  OF  SUBPART A OF PART 121 OF CHAPTER I OF TITLE 13 OF THE CODE
OF FEDERAL REGULATIONS AS AMENDED, AND SUCH OTHER CRITERIA AS DETERMINED
BY THE AUTHORITY;
  (D) "SMALL BUSINESS MENTORING PROGRAM" IS A PROGRAM ESTABLISHED BY THE
AUTHORITY PURSUANT TO  THESE  PROVISIONS  TO  PROVIDE  SMALL  BUSINESSES
ACCEPTED INTO THE PROGRAM WITH THE OPPORTUNITY:
  (I)  FOR  UP  TO  FOUR  YEARS,  TO  COMPETE FOR AND, WHERE AWARDED, TO
PERFORM CERTAIN AUTHORITY PUBLIC WORK CONTRACTS TO BE DESIGNATED BY  THE
AUTHORITY  FOR  INCLUSION  IN THIS PROGRAM UNDER THIS SUBPARAGRAPH, WITH
THE ASSISTANCE OF AN AUTHORITY-PROVIDED MENTOR, WHICH SHALL  BE  A  FIRM
COMPETITIVELY  SELECTED BY THE AUTHORITY THAT HAS EXTENSIVE CONSTRUCTION
MANAGEMENT AND MENTORING EXPERIENCE, WITH  THE  MENTOR  TO  PROVIDE  THE
SMALL  BUSINESS WITH ADVICE AND ASSISTANCE IN COMPETING FOR AND MANAGING
AUTHORITY PUBLIC WORK CONTRACTS; AND
  (II) FOR A SMALL BUSINESS  MENTORING  PROGRAM  PARTICIPANT  WHICH  THE
AUTHORITY  HAS  DETERMINED  HAS SUCCESSFULLY COMPLETED THE PROGRAM UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH, FOR UP TO FOUR ADDITIONAL YEARS, (A)
ADDITIONAL OPPORTUNITIES TO COMPETE WITH OTHER  DESIGNATED  SMALL  BUSI-
NESSES IN THE PROGRAM FOR CERTAIN PUBLIC WORK CONTRACTS TO BE DESIGNATED
FOR  INCLUSION  UNDER  THIS  SUBPARAGRAPH AND, WHERE AWARDED, TO PERFORM
SUCH AUTHORITY PUBLIC WORK CONTRACTS, WITH THE FURTHER ASSISTANCE OF  AN

S. 5987                             3

AUTHORITY-PROVIDED  MENTOR, WHICH SHALL BE A FIRM COMPETITIVELY SELECTED
BY THE AUTHORITY THAT HAS EXTENSIVE CONSTRUCTION MANAGEMENT AND  MENTOR-
ING  EXPERIENCE,  WITH  THE  MENTOR  TO  PROVIDE THE SMALL BUSINESS WITH
ADVICE  AND TECHNICAL ASSISTANCE IN COMPETING FOR AND MANAGING AUTHORITY
PUBLIC WORK CONTRACTS, AND (B) AUTHORITY-PROVIDED ASSISTANCE, AS  DETER-
MINED  BY THE AUTHORITY, FOR SUCH A SMALL BUSINESS TO OBTAIN BONDING FOR
PUBLIC  WORK  CONTRACTS  THAT  ARE  COMPETITIVELY  AWARDED  PURSUANT  TO
PROVISIONS OF LAW OTHER THAN THIS SECTION.
  (E)  "SMALL BUSINESS MENTORING PROGRAM CONTRACT" MEANS A NON-FEDERALLY
FUNDED AUTHORITY PUBLIC WORK CONTRACT DESIGNATED BY THE AUTHORITY, IN AN
ESTIMATED AMOUNT OF NOT MORE THAN  ONE  MILLION  DOLLARS  FOR  CONTRACTS
UNDER  SUBPARAGRAPH  (I)  OF PARAGRAPH (D) OF THIS SUBDIVISION AND THREE
MILLION DOLLARS FOR CONTRACTS UNDER SUBPARAGRAPH (II) OF  PARAGRAPH  (D)
OF  THIS  SUBDIVISION, FOR WHICH BIDS OR PROPOSALS ARE TO BE INVITED AND
ACCEPTED ONLY FROM BUSINESSES THAT ARE ENROLLED IN  THE  SMALL  BUSINESS
MENTORING PROGRAM AND HAVE BEEN SELECTED BY THE AUTHORITY TO COMPETE FOR
THE CONTRACT.
  2. SMALL BUSINESS MENTORING PROGRAM. (A) PURSUANT TO THESE PROVISIONS,
THE  AUTHORITY  MAY  ESTABLISH  A  SMALL  BUSINESS MENTORING PROGRAM. IN
CONNECTION THEREWITH, THE AUTHORITY MAY DETERMINE THE CRITERIA  PURSUANT
TO  WHICH A SMALL BUSINESS SHALL BE ELIGIBLE FOR AND SELECTED TO PARTIC-
IPATE IN THE PROGRAM UNDER SUBPARAGRAPHS (I) AND (II) OF  PARAGRAPH  (D)
OF  SUBDIVISION  ONE  OF  THIS  SECTION,  THE  NUMBER OF PARTICIPANTS TO
PARTICIPATE IN EACH SUCH COMPONENTS OF THE PROGRAM, THE CRITERIA FOR THE
COMPETITIVE SELECTION OF THE FIRMS THAT WILL  PROVIDE  SMALL  BUSINESSES
WITH  MENTORING SERVICES, THE ASSIGNMENT OF A MENTOR TO A SPECIFIC SMALL
BUSINESS IN THE SMALL BUSINESS MENTORING PROGRAM, AND  THE  FUNDING  FOR
THE PROGRAM.
  (B) UNDER THE SMALL BUSINESS MENTORING PROGRAM, THE EXECUTIVE DIRECTOR
OR  THE EXECUTIVE DIRECTOR'S DESIGNEE IS AUTHORIZED, NOTWITHSTANDING ANY
OTHER PROVISION OF LAW:
  (I) TO DESIGNATE WHICH ELIGIBLE PUBLIC WORK CONTRACTS SHALL  BE  SMALL
BUSINESS MENTORING PROGRAM CONTRACTS UNDER SUBPARAGRAPHS (I) AND (II) OF
PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION, RESPECTIVELY;
  (II)  TO  ESTABLISH  STANDARDS FOR QUALIFYING SMALL BUSINESS MENTORING
PROGRAM PARTICIPANTS TO COMPETE FOR A SMALL BUSINESS  MENTORING  PROGRAM
CONTRACT, PROVIDED THAT NO LESS THAN THREE QUALIFIED SMALL BUSINESSES IN
THE PROGRAM MUST SUBMIT RESPONSIVE OFFERS TO PERFORM THE CONTRACT;
  (III) TO DETERMINE WHEN BIDS OR PROPOSALS FOR A SMALL BUSINESS MENTOR-
ING  PROGRAM  CONTRACT  SHOULD BE RESTRICTED TO SMALL BUSINESS MENTORING
PROGRAM PARTICIPANTS WHICH, PRIOR TO THE RECEIPT OF BIDS  OR  PROPOSALS,
HAVE BEEN QUALIFIED BY THE AUTHORITY FOR SUCH COMPETITION;
  (IV)  TO COMPETITIVELY SELECT, DESIGNATE AND CONTRACT WITH ONE OR MORE
EXPERIENCED CONSTRUCTION MANAGEMENT FIRMS THAT, UNDER THE GENERAL SUPER-
VISION OF THE AUTHORITY, WILL PROVIDE MENTORING SERVICES  TO  THE  SMALL
BUSINESSES PARTICIPATING IN THE SMALL BUSINESS MENTORING PROGRAM, AND TO
ASSIGN  SUCH MENTORS ONE OR MORE DESIGNATED SMALL BUSINESSES PARTICIPAT-
ING IN THE PROGRAM;
  (V) FOR SMALL BUSINESS MENTORING  PROGRAM  CONTRACTS,  EXCEPT  AS  SET
FORTH  HEREIN, TO WAIVE REQUIREMENTS FOR THE SOLICITATION AND AWARD OF A
PUBLIC WORK CONTRACT PURSUANT TO SECTIONS TWELVE  HUNDRED  NINE,  TWELVE
HUNDRED SIXTY-FIVE-A AND TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAP-
TER  AND  ANY  OTHER  PROVISION  OF LAW AND FOR OBTAINING A PERFORMANCE,
PAYMENT OR OTHER GUARANTEE BOND PURSUANT TO SECTION ONE HUNDRED  THIRTY-
SEVEN  OF  THE  STATE FINANCE LAW AND ANY OTHER PROVISION OF LAW, AND TO
WAIVE REQUIREMENTS FORBIDDING THE AUTHORITY FROM DESIGNATING  AN  INSUR-

S. 5987                             4

ANCE COMPANY OR OBTAINING INSURANCE FOR A CONTRACTOR PURSUANT TO SECTION
TWO  THOUSAND  FIVE  HUNDRED  FOUR  OF  THE  INSURANCE  LAW OR ANY OTHER
PROVISION OF LAW; AND
  (VI) FOR SMALL BUSINESSES THAT HAVE BEEN ACCEPTED INTO THE SMALL BUSI-
NESS  MENTORING  PROGRAM  UNDER  SUBPARAGRAPH  (II)  OF PARAGRAPH (D) OF
SUBDIVISION ONE OF THIS SECTION, IN ADDITION TO  THE  BENEFITS  OF  SUCH
PROGRAM AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO PROVIDE TECH-
NICAL  ASSISTANCE  IN OBTAINING BID, PAYMENT AND PERFORMANCE BONDING FOR
AUTHORITY PUBLIC WORK CONTRACTS THAT ARE NOT  SMALL  BUSINESS  MENTORING
PROGRAM CONTRACTS, FOR WHICH THE SMALL BUSINESS IS OTHERWISE QUALIFIED.
  3.  WITHDRAWAL  OF  DESIGNATION  OF  SMALL  BUSINESS MENTORING PROGRAM
CONTRACTS. (A) IF THE TOTAL NUMBER OF QUALIFIED SMALL BUSINESS MENTORING
PROGRAM PARTICIPANTS THAT RESPOND TO A COMPETITION  AND  ARE  CONSIDERED
CAPABLE  OF  MEETING  THE  SPECIFICATIONS AND TERMS OF THE INVITATION TO
COMPETE IS LESS THAN THREE, OR IF THE EXECUTIVE DIRECTOR OR  THE  EXECU-
TIVE  DIRECTOR'S  DESIGNEE  DETERMINES THAT ACCEPTANCE OF THE BEST OFFER
WILL RESULT IN THE PAYMENT OF AN UNREASONABLE PRICE, THE  AUTHORITY  MAY
REJECT  ALL  OFFERS  AND  WITHDRAW  THE DESIGNATION OF THE CONTRACT AS A
SMALL BUSINESS MENTORING PROGRAM CONTRACT.
  (B) IF THE AUTHORITY WITHDRAWS THE DESIGNATION OF CONTRACT AS A  SMALL
BUSINESS MENTORING PROGRAM CONTRACT, THE FIRMS, IF ANY, THAT MADE OFFERS
SHALL  BE  NOTIFIED.    INVITATIONS  TO  COMPETE  CONTAINING THE SAME OR
REWRITTEN SPECIFICATIONS AND TERMS SHALL THEN BE RE-ISSUED  AS  A  SMALL
BUSINESS  MENTORING PROGRAM CONTRACT FOR ONE OR MORE ADDITIONAL CONTRACT
PERIOD.
  4. CONSTRUCTION MANAGER MENTORS. A MENTOR SHALL PROVIDE  SERVICES  AND
ASSISTANCE TO A SMALL BUSINESS AS DESIGNATED BY THE AUTHORITY, WHICH MAY
INCLUDE  THE  FOLLOWING:  (A)  PROVIDE  BUSINESS  TRAINING IN THE SKILLS
NECESSARY TO OPERATE A SUCCESSFUL CONSTRUCTION BUSINESS AND  TO  COMPETE
FOR AND PERFORM A PUBLIC WORK CONTRACT;
  (B)  PROVIDE  TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO ASSESS THE
OUTCOME IF THE  SMALL  BUSINESS  COMPETES  FOR  BUT  IS  NOT  AWARDED  A
CONTRACT;
  (C) IF THE SMALL BUSINESS MENTORING PROGRAM CONTRACT IS AWARDED TO THE
SMALL BUSINESS, PROVIDE GUIDANCE, ADVICE AND TECHNICAL ASSISTANCE TO THE
SMALL BUSINESS IN THE PERFORMANCE OF THE CONTRACT;
  (D) PROVIDE OTHER TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO FACIL-
ITATE LEARNING, TRAINING AND OTHER ISSUES WHICH MAY ARISE.
  5.  THE AUTHORITY MAY DELEGATE TO THE EXECUTIVE DIRECTOR OR THE EXECU-
TIVE DIRECTOR'S DESIGNEE, THE  AUTHORITY'S  RESPONSIBILITIES  SET  FORTH
HEREIN.
  6.  THE  SMALL BUSINESS MENTORING PROGRAM CONTRACTS AUTHORIZED BY THIS
LEGISLATION SHALL, FOR THE INITIAL YEAR OF THE PROGRAM, BE IN AN  AGGRE-
GATE  AMOUNT  OF NOT LESS THAN TEN MILLION DOLLARS, AND SHALL NOT EXCEED
ONE HUNDRED MILLION DOLLARS, WITH THE MAXIMUM AMOUNT IN FUTURE YEARS  TO
BE SET BY THE EXECUTIVE DIRECTOR.
  S  3.    This  act  shall take effect January 1, 2010 and shall expire
December 31, 2019 when upon such date the provisions of this  act  shall
be  deemed  repealed;  provided  that such expiration shall not apply to
pending and awarded public work  contracts  and  provided  further  that
effective  immediately,  the  addition, amendment or repeal of any rule,
regulation or standard necessary for the implementation of this  act  on
its  effective date are authorized and directed to be made and completed
on or before such effective date.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5987--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by Sens. SAMPSON, HASSELL-THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules --
  recommitted to the Committee  on  Transportation  in  accordance  with
  Senate  Rule 6, sec. 8 -- committee discharged and said bill committed
  to the Committee  on  Corporations,  Authorities  and  Commissions  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the public authorities law, in relation to  establishing
  the  metropolitan  transportation  authority  small business mentoring
  program; and providing for the repeal of such provisions upon  expira-
  tion thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings.   Historically, in  the  construction
industry,  there have been significant obstacles to the ability of small
businesses to compete for public work contracts. These include the  lack
of  sufficient  construction  management  expertise  to  compete for and
perform public work contracts and prime contractor and statutory  public
work  contracting requirements that may present insurmountable obstacles
to a small, inexperienced business including requirements  with  respect
to bonding, insurance and competitive bidding.
  It  is  hereby declared that there is a public purpose in initiating a
mentoring program to be implemented by the  metropolitan  transportation
authority  for  itself  and  its  affiliates  and subsidiaries that will
afford participating small businesses with  the  opportunity  to  obtain
public work construction management experience and training by providing
the  small  businesses  with  the  mentoring  services of an experienced
construction firm and with the opportunity to compete with certain other
small businesses in the program for the award of designated public  work
contracts.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14142-02-0

              

S. 5987--A                          2

  It  is  also hereby declared to be in the public interest of the state
of New York to authorize the metropolitan transportation  authority  and
its affiliates and subsidiaries to allocate a portion of their funds for
the  purpose of retaining on a competitive basis successful construction
management  firms to act as mentors to small businesses participating in
the mentoring program, to provide  such  small  businesses  training  to
facilitate their growth into successful bidders and performers on public
work  contracts.  It is also in the public interest for the state of New
York to provide for certain exceptions to the provisions of  the  public
authorities  law, the state finance law, and the insurance law to enable
the metropolitan transportation authority and its affiliates and subsid-
iaries to designate specific public work contracts for award through the
mentoring program to competing small  businesses  participating  in  the
program  and  to  waive  or modify otherwise applicable requirements for
advertised and sealed competitive bidding, bonding,  and  insurance  for
such designated public work contracts.
  S  2.  The  public  authorities law is amended by adding a new section
1265-b to read as follows:
  S 1265-B. METROPOLITAN TRANSPORTATION AUTHORITY SMALL BUSINESS MENTOR-
ING PROGRAM. 1. DEFINITIONS. AS USED IN THIS SECTION, UNLESS THE CONTEXT
REQUIRES OTHERWISE: (A) "AUTHORITY" MEANS THE  METROPOLITAN  TRANSPORTA-
TION  AUTHORITY  AND ITS SUBSIDIARIES CONSISTING OF THE LONG ISLAND RAIL
ROAD COMPANY, METRO-NORTH COMMUTER RAILROAD COMPANY, METROPOLITAN SUBUR-
BAN BUS AUTHORITY, STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY,  MTA
BUS,  MTA  CAPITAL CONSTRUCTION COMPANY, AND FIRST MUTUAL TRANSPORTATION
ASSURANCE COMPANY, AND ITS AFFILIATES CONSISTING OF THE  NEW  YORK  CITY
TRANSIT AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, AND MANHATTAN
AND BRONX SURFACE TRANSIT OPERATING AUTHORITY;
  (B)  "CHAIRMAN"  MEANS  THE  CHAIRMAN OF THE AUTHORITY AND ITS SUBSID-
IARIES AND AFFILIATES;
  (C) "SMALL BUSINESS" MEANS A BUSINESS IN THE CONSTRUCTION TRADES WHICH
(I) IS INDEPENDENTLY OWNED AND OPERATED; (II) HAS  ANNUAL  REVENUES  NOT
EXCEEDING  A  FISCAL  LIMITATION  OF FIVE MILLION DOLLARS OR SUCH LESSER
AMOUNT AS ESTABLISHED BY THE AUTHORITY PURSUANT TO THESE PROVISIONS; AND
(III) MEETS ADDITIONAL CRITERIA AS OTHERWISE ESTABLISHED BY THE CHAIRMAN
IN CONSULTATION WITH THE MEMBERS OF THE  MTA  SMALL  BUSINESS  MENTORING
PROGRAM  ADVISORY  COMMITTEE.  THE  CHAIR  OF THE COMMITTEE SHALL BE THE
CHIEF DIVERSITY OFFICER OF THE MTA.  THE  AUTHORITY  SHALL  ESTABLISH  A
DETAILED DEFINITION IN GENERAL AND SPECIFIC TO DIFFERENT SEGMENTS OF THE
CONSTRUCTION INDUSTRY TO THE EXTENT NECESSARY TO REFLECT DIFFERING CHAR-
ACTERISTICS  OF  SUCH  SEGMENTS BASED ON THE CRITERIA USED BY THE UNITED
STATES SMALL BUSINESS ADMINISTRATION FOR LOANS TO  SMALL  BUSINESSES  AS
SET  FORTH  IN SECTIONS 121.301 THROUGH 121.305, OR FOR AWARDING GOVERN-
MENT PROCUREMENTS AS SET FORTH IN SECTIONS 121.401 THROUGH  121.413,  OF
SUBPART  A  OF  PART 121 OF CHAPTER I OF TITLE 13 OF THE CODE OF FEDERAL
REGULATIONS AS AMENDED, AND SUCH OTHER CRITERIA  AS  DETERMINED  BY  THE
AUTHORITY;
  (D) "SMALL BUSINESS MENTORING PROGRAM" IS A PROGRAM ESTABLISHED BY THE
AUTHORITY  PURSUANT  TO  THESE  PROVISIONS  TO  PROVIDE SMALL BUSINESSES
ACCEPTED INTO THE PROGRAM WITH THE OPPORTUNITY:
  (I) FOR UP TO FOUR YEARS,  TO  COMPETE  FOR  AND,  WHERE  AWARDED,  TO
PERFORM  CERTAIN AUTHORITY PUBLIC WORK CONTRACTS TO BE DESIGNATED BY THE
AUTHORITY FOR INCLUSION IN THIS PROGRAM UNDER  THIS  SUBPARAGRAPH,  WITH
THE  ASSISTANCE  OF  AN AUTHORITY-PROVIDED MENTOR, WHICH SHALL BE A FIRM
COMPETITIVELY SELECTED BY THE AUTHORITY THAT HAS EXTENSIVE  CONSTRUCTION
MANAGEMENT  AND  MENTORING  EXPERIENCE,  WITH  THE MENTOR TO PROVIDE THE

S. 5987--A                          3

SMALL BUSINESS WITH ADVICE AND ASSISTANCE IN COMPETING FOR AND  MANAGING
AUTHORITY PUBLIC WORK CONTRACTS; AND
  (II)  FOR  A  SMALL  BUSINESS  MENTORING PROGRAM PARTICIPANT WHICH THE
AUTHORITY HAS DETERMINED HAS SUCCESSFULLY COMPLETED  THE  PROGRAM  UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH, FOR UP TO FOUR ADDITIONAL YEARS, (A)
ADDITIONAL  OPPORTUNITIES  TO  COMPETE WITH OTHER DESIGNATED SMALL BUSI-
NESSES IN THE PROGRAM FOR CERTAIN PUBLIC WORK CONTRACTS TO BE DESIGNATED
FOR INCLUSION UNDER THIS SUBPARAGRAPH AND,  WHERE  AWARDED,  TO  PERFORM
SUCH  AUTHORITY PUBLIC WORK CONTRACTS, WITH THE FURTHER ASSISTANCE OF AN
AUTHORITY-PROVIDED MENTOR, WHICH SHALL BE A FIRM COMPETITIVELY  SELECTED
BY  THE AUTHORITY THAT HAS EXTENSIVE CONSTRUCTION MANAGEMENT AND MENTOR-
ING EXPERIENCE, WITH THE MENTOR  TO  PROVIDE  THE  SMALL  BUSINESS  WITH
ADVICE  AND TECHNICAL ASSISTANCE IN COMPETING FOR AND MANAGING AUTHORITY
PUBLIC WORK CONTRACTS, AND (B) AUTHORITY-PROVIDED ASSISTANCE, AS  DETER-
MINED  BY THE AUTHORITY, FOR SUCH A SMALL BUSINESS TO OBTAIN BONDING FOR
PUBLIC  WORK  CONTRACTS  THAT  ARE  COMPETITIVELY  AWARDED  PURSUANT  TO
PROVISIONS OF LAW OTHER THAN THIS SECTION.
  (E)  "SMALL BUSINESS MENTORING PROGRAM CONTRACT" MEANS A NON-FEDERALLY
FUNDED AUTHORITY PUBLIC WORK CONTRACT DESIGNATED BY THE AUTHORITY, IN AN
ESTIMATED AMOUNT OF NOT MORE THAN  ONE  MILLION  DOLLARS  FOR  CONTRACTS
UNDER  SUBPARAGRAPH  (I)  OF PARAGRAPH (D) OF THIS SUBDIVISION AND THREE
MILLION DOLLARS FOR CONTRACTS UNDER SUBPARAGRAPH (II) OF  PARAGRAPH  (D)
OF  THIS  SUBDIVISION, FOR WHICH BIDS OR PROPOSALS ARE TO BE INVITED AND
ACCEPTED ONLY FROM BUSINESSES THAT ARE ENROLLED IN  THE  SMALL  BUSINESS
MENTORING PROGRAM AND HAVE BEEN SELECTED BY THE AUTHORITY TO COMPETE FOR
THE CONTRACT.
  2. SMALL BUSINESS MENTORING PROGRAM. (A) PURSUANT TO THESE PROVISIONS,
THE  AUTHORITY  MAY  ESTABLISH  A  SMALL  BUSINESS MENTORING PROGRAM. IN
CONNECTION THEREWITH, THE AUTHORITY MAY DETERMINE THE CRITERIA  PURSUANT
TO  WHICH A SMALL BUSINESS SHALL BE ELIGIBLE FOR AND SELECTED TO PARTIC-
IPATE IN THE PROGRAM UNDER SUBPARAGRAPHS (I) AND (II) OF  PARAGRAPH  (D)
OF  SUBDIVISION  ONE  OF  THIS  SECTION,  THE  NUMBER OF PARTICIPANTS TO
PARTICIPATE IN EACH SUCH COMPONENTS OF THE PROGRAM, THE CRITERIA FOR THE
COMPETITIVE SELECTION OF THE FIRMS THAT WILL  PROVIDE  SMALL  BUSINESSES
WITH  MENTORING SERVICES, THE ASSIGNMENT OF A MENTOR TO A SPECIFIC SMALL
BUSINESS IN THE SMALL BUSINESS MENTORING PROGRAM, AND  THE  FUNDING  FOR
THE PROGRAM.
  (B)  UNDER  THE  SMALL BUSINESS MENTORING PROGRAM, THE CHAIRMAN OR THE
CHAIRMAN'S DESIGNEE IS AUTHORIZED, NOTWITHSTANDING ANY  OTHER  PROVISION
OF LAW:
  (I)  TO  DESIGNATE WHICH ELIGIBLE PUBLIC WORK CONTRACTS SHALL BE SMALL
BUSINESS MENTORING PROGRAM CONTRACTS UNDER SUBPARAGRAPHS (I) AND (II) OF
PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION, RESPECTIVELY;
  (II) TO ESTABLISH STANDARDS FOR QUALIFYING  SMALL  BUSINESS  MENTORING
PROGRAM  PARTICIPANTS  TO COMPETE FOR A SMALL BUSINESS MENTORING PROGRAM
CONTRACT, PROVIDED THAT NO LESS THAN THREE QUALIFIED SMALL BUSINESSES IN
THE PROGRAM MUST SUBMIT RESPONSIVE OFFERS TO PERFORM THE CONTRACT;
  (III) TO DETERMINE WHEN BIDS OR PROPOSALS FOR A SMALL BUSINESS MENTOR-
ING PROGRAM CONTRACT SHOULD BE RESTRICTED TO  SMALL  BUSINESS  MENTORING
PROGRAM  PARTICIPANTS  WHICH, PRIOR TO THE RECEIPT OF BIDS OR PROPOSALS,
HAVE BEEN QUALIFIED BY THE AUTHORITY FOR SUCH COMPETITION;
  (IV) TO COMPETITIVELY SELECT, DESIGNATE AND CONTRACT WITH ONE OR  MORE
EXPERIENCED CONSTRUCTION MANAGEMENT FIRMS THAT, UNDER THE GENERAL SUPER-
VISION  OF  THE  AUTHORITY, WILL PROVIDE MENTORING SERVICES TO THE SMALL
BUSINESSES PARTICIPATING IN THE SMALL BUSINESS MENTORING PROGRAM, AND TO

S. 5987--A                          4

ASSIGN SUCH MENTORS ONE OR MORE DESIGNATED SMALL BUSINESSES  PARTICIPAT-
ING IN THE PROGRAM;
  (V)  FOR  SMALL  BUSINESS  MENTORING  PROGRAM CONTRACTS, EXCEPT AS SET
FORTH HEREIN, TO WAIVE REQUIREMENTS FOR THE SOLICITATION AND AWARD OF  A
PUBLIC  WORK  CONTRACT  PURSUANT TO SECTIONS TWELVE HUNDRED NINE, TWELVE
HUNDRED SIXTY-FIVE-A AND TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAP-
TER AND ANY OTHER PROVISION OF LAW  AND  FOR  OBTAINING  A  PERFORMANCE,
PAYMENT  OR OTHER GUARANTEE BOND PURSUANT TO SECTION ONE HUNDRED THIRTY-
SEVEN OF THE STATE FINANCE LAW AND ANY OTHER PROVISION OF LAW;
  (VI) TO ASSIST ANY SMALL BUSINESS MENTORING PROGRAM  PARTICIPANT  THAT
HAS  BEEN  AWARDED A SMALL BUSINESS MENTORING PROGRAM CONTRACT TO OBTAIN
ANY SURETY BOND OR CONTRACT OF INSURANCE  REQUIRED  IN  CONNECTION  WITH
SUCH CONTRACT NOTWITHSTANDING ANY PROVISION OF SECTION TWO THOUSAND FIVE
HUNDRED FOUR OF THE INSURANCE LAW TO THE CONTRARY; AND
  (VII)  FOR  SMALL  BUSINESSES  THAT  HAVE BEEN ACCEPTED INTO THE SMALL
BUSINESS MENTORING PROGRAM UNDER SUBPARAGRAPH (II) OF PARAGRAPH  (D)  OF
SUBDIVISION  ONE  OF  THIS  SECTION, IN ADDITION TO THE BENEFITS OF SUCH
PROGRAM AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO PROVIDE TECH-
NICAL ASSISTANCE IN OBTAINING BID, PAYMENT AND PERFORMANCE  BONDING  FOR
AUTHORITY  PUBLIC  WORK  CONTRACTS THAT ARE NOT SMALL BUSINESS MENTORING
PROGRAM CONTRACTS, FOR WHICH THE SMALL BUSINESS IS OTHERWISE QUALIFIED.
  3. WITHDRAWAL OF  DESIGNATION  OF  SMALL  BUSINESS  MENTORING  PROGRAM
CONTRACTS. (A) IF THE TOTAL NUMBER OF QUALIFIED SMALL BUSINESS MENTORING
PROGRAM  PARTICIPANTS  THAT  RESPOND TO A COMPETITION AND ARE CONSIDERED
CAPABLE OF MEETING THE SPECIFICATIONS AND TERMS  OF  THE  INVITATION  TO
COMPETE  IS LESS THAN THREE, OR IF THE CHAIRMAN OR THE CHAIRMAN'S DESIG-
NEE DETERMINES THAT ACCEPTANCE OF THE BEST  OFFER  WILL  RESULT  IN  THE
PAYMENT  OF  AN  UNREASONABLE PRICE, THE AUTHORITY MAY REJECT ALL OFFERS
AND WITHDRAW THE DESIGNATION OF THE CONTRACT AS A SMALL BUSINESS MENTOR-
ING PROGRAM CONTRACT.
  (B) IF THE AUTHORITY WITHDRAWS THE DESIGNATION OF CONTRACT AS A  SMALL
BUSINESS MENTORING PROGRAM CONTRACT, THE FIRMS, IF ANY, THAT MADE OFFERS
SHALL  BE  NOTIFIED.    INVITATIONS  TO  COMPETE  CONTAINING THE SAME OR
REWRITTEN SPECIFICATIONS AND TERMS SHALL THEN BE RE-ISSUED  AS  A  SMALL
BUSINESS  MENTORING PROGRAM CONTRACT FOR ONE OR MORE ADDITIONAL CONTRACT
PERIOD.
  4. CONSTRUCTION MANAGER MENTORS. A MENTOR SHALL PROVIDE  SERVICES  AND
ASSISTANCE TO A SMALL BUSINESS AS DESIGNATED BY THE AUTHORITY, WHICH MAY
INCLUDE  THE  FOLLOWING:  (A)  PROVIDE  BUSINESS  TRAINING IN THE SKILLS
NECESSARY TO OPERATE A SUCCESSFUL CONSTRUCTION BUSINESS AND  TO  COMPETE
FOR AND PERFORM A PUBLIC WORK CONTRACT;
  (B)  PROVIDE  TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO ASSESS THE
OUTCOME IF THE  SMALL  BUSINESS  COMPETES  FOR  BUT  IS  NOT  AWARDED  A
CONTRACT;
  (C) IF THE SMALL BUSINESS MENTORING PROGRAM CONTRACT IS AWARDED TO THE
SMALL BUSINESS, PROVIDE GUIDANCE, ADVICE AND TECHNICAL ASSISTANCE TO THE
SMALL BUSINESS IN THE PERFORMANCE OF THE CONTRACT;
  (D) PROVIDE OTHER TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO FACIL-
ITATE LEARNING, TRAINING AND OTHER ISSUES WHICH MAY ARISE.
  5. THE AUTHORITY MAY DELEGATE TO THE CHAIRMAN OR THE CHAIRMAN'S DESIG-
NEE, THE AUTHORITY'S RESPONSIBILITIES SET FORTH HEREIN.
  6.  THE  SMALL BUSINESS MENTORING PROGRAM CONTRACTS AUTHORIZED BY THIS
LEGISLATION SHALL, FOR THE INITIAL YEAR OF THE PROGRAM, BE IN AN  AGGRE-
GATE  AMOUNT  OF NOT LESS THAN TEN MILLION DOLLARS, AND SHALL NOT EXCEED
ONE HUNDRED MILLION DOLLARS, WITH THE MAXIMUM AMOUNT IN FUTURE YEARS  TO
BE SET BY THE CHAIRMAN.

S. 5987--A                          5

  S 3.  This act shall take effect immediately and shall expire December
31,  2019 when upon such date the provisions of this act shall be deemed
repealed; provided that such expiration shall not apply to  pending  and
awarded  public work contracts and provided further that effective imme-
diately,  the  addition,  amendment or repeal of any rule, regulation or
standard necessary for the implementation of this act on  its  effective
date  are  authorized and directed to be made and completed on or before
such effective date.