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Assembly Bill A6907

2015-2016 Legislative Session

Relates to at least one minority and women-owned business enterprise being selected by a contractor as one of three finalists

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Archive: Last Bill Status - In Assembly Committee

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2015-A6907 (ACTIVE) - Details

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

2015-A6907 (ACTIVE) - Summary

Relates to at least one minority- and women-owned business enterprise being selected by a contractor as one of three finalists.

2015-A6907 (ACTIVE) - Bill Text download pdf 

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

                                  6907

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 10, 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 at least one  minority
  and  women-owned business enterprise being selected by a contractor as
  one of three finalists

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

  Section 1. Section 313-a of the executive law, as added by chapter 175
of the laws of 2010, is amended to read as follows:
  S  313-a. Diversity practices of state contractors. The director shall
promulgate rules and regulations setting forth measures  and  procedures
to  require  all  contracting  agencies, where practicable, feasible and
appropriate, to assess the diversity practices of contractors submitting
bids or proposals in connection with the award of a state contract. Such
rules and regulations shall take into account: the nature of the  labor,
services,  supplies,  equipment or materials being procured by the state
agency; the method of procurement required to be used by a state  agency
to  award the contract and minority and women-owned business utilization
plans required to be submitted pursuant to sections three hundred twelve
and three hundred thirteen of this article; and such  other  factors  as
the  director  deems  appropriate  or  necessary to promote the award of
state contracts to contractors having sound  diversity  practices.  Such
assessment  shall not in any way permit the automatic rejection of a bid
or procurement contract proposal based on lack of adherence to diversity
practices. Each bid or proposal shall be analyzed on an  individual  per
bid  or  per  proposal  basis  with the contractor's diversity practices
considered as only a part of a wider consideration  of  several  factors
when deciding to award or decline to award a bid or proposal.  CONTRACT-
ING  AGENCIES  SHALL REQUIRE CONTRACTORS TO SELECT AT LEAST ONE MINORITY
AND WOMEN-OWNED BUSINESS AS ONE OF THEIR THREE FINALISTS. THIS  REQUIRE-
MENT  DOES  NOT  SERVE  AS  A  QUOTA OR A PREFERENCE. The director shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09759-01-5

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