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Assembly Bill A6877

2015-2016 Legislative Session

Relates to establishing a prequalification system for certified minority and women-owned business enterprises

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Archive: Last Bill Status - In Assembly Committee

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2015-A6877 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง313, Exec L

2015-A6877 (ACTIVE) - Summary

Relates to establishing a prequalification system for certified minority- and women-owned business enterprises.

2015-A6877 (ACTIVE) - Bill Text download pdf 

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

                                  6877

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 8, 2015
                               ___________

Introduced  by M. of A. BLAKE -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend  the  executive  law,  in  relation  to  establishing  a
  prequalification  system  for certified minority and women-owned busi-
  ness enterprises

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

  Section  1.  Subdivision  4  of  section  313  of the executive law is
amended by adding a new paragraph (e) to read as follows:
  (E) ESTABLISH A PREQUALIFICATION SYSTEM  FOR  CERTIFIED  MINORITY  AND
WOMEN-OWNED BUSINESS ENTERPRISES TO ENSURE SUCH BUSINESSES ARE GIVEN THE
OPPORTUNITY  FOR MAXIMUM FEASIBLE PARTICIPATION. PROSPECTIVE BIDDERS MAY
BE PREQUALIFIED IN ACCORDANCE WITH GENERAL CRITERIA ESTABLISHED  BY  THE
CONTRACTING  AGENCY  WHICH MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, THE
EXPERIENCE, PAST PERFORMANCE, ABILITY TO UNDERTAKE THE TYPE AND COMPLEX-
ITY OF WORK, FINANCIAL CAPABILITY, RESPONSIBILITY, COMPLIANCE WITH EQUAL
EMPLOYMENT OPPORTUNITY REQUIREMENTS AND  ANTI-DISCRIMINATION  LAWS,  AND
RELIABILITY.  LISTS  OF  PREQUALIFIED  BIDDERS  MAY  BE ESTABLISHED ON A
PROJECT-SPECIFIC BASIS. PREQUALIFIED LISTS  SHALL  INCLUDE  ALL  BIDDERS
THAT  QUALIFY;  PROVIDED, HOWEVER, THAT ANY SUCH LIST SHALL HAVE NO LESS
THAN FIVE BIDDERS BUT SHALL REMAIN OPEN  FOR  ALL  ADDITIONAL  QUALIFIED
BIDDERS. THE AGENCY'S PROCEDURES FOR PREQUALIFYING BIDDERS SHALL INCLUDE
AN  APPEALS PROCESS FOR THOSE DENIED PREQUALIFICATION OR WHOSE PREQUALI-
FICATION IS REVOKED OR SUSPENDED. THE AGENCY MAY  MOVE  FORWARD  ON  THE
CONTRACT AWARD DURING SUCH APPEALS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to subdivision
4 of section 313 of the executive law made by section one  of  this  act
shall  not  affect the expiration of such section and shall be deemed to
expire therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09757-01-5

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