S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4437
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  BLAKE, PEOPLES-STOKES, MOSLEY, COOK, JOYNER,
   SEAWRIGHT, HOOPER -- Multi-Sponsored by -- M. of  A.  THIELE  --  read
   once and referred to the Committee on Governmental Operations
 
 AN  ACT to amend the executive law, in relation to third party oversight
   for state contracts involving minority and women-owned businesses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 316-b
 to read as follows:
   § 316-B. THIRD PARTY OVERSIGHT. 1. A THIRD PARTY ENTITY NOT  EMPLOYED,
 ENGAGED  IN  BUSINESS  WITH OR HOLDING OFFICE IN NEW YORK STATE SHALL BE
 SELECTED BY THE LEGISLATURE AND CONFIRMED BY THE CHIEF  DIVERSITY  OFFI-
 CER, AS DEFINED IN SECTION FOUR-A OF THIS CHAPTER, THROUGH A REQUEST FOR
 PROPOSAL PROCESS TO OVERSEE EACH CONTRACTING AGENCY'S PROCUREMENT PROCE-
 DURE  FOR  CONTRACTS  MADE DIRECTLY OR INDIRECTLY TO MINORITY AND WOMEN-
 OWNED BUSINESSES.
   2. EACH CONTRACTING AGENCY SHALL SUBMIT THE FOLLOWING  INFORMATION  TO
 SUCH THIRD PARTY ENTITY ON A QUARTERLY BASIS:
   (A)  TOTAL  AGENCY  PROCUREMENT  INCLUDING  FROM  WHICH INDUSTRY UNDER
 SUBDIVISION ONE OF SECTION THREE HUNDRED THIRTEEN OF THIS  ARTICLE  EACH
 CONTRACT IS CATEGORIZED;
   (B)  UPCOMING CONFIRMED AND PROPOSED PROCUREMENT OPPORTUNITIES INCLUD-
 ING ESTIMATED OVERALL COST AND STEPS TAKEN OR TO BE TAKEN  IN  ORDER  TO
 ENSURE  MAXIMUM FEASIBLE PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSI-
 NESS;
   (C) A LIST OF ALL BIDS FOR EACH  CONTRACT  INCLUDING  A  LIST  OF  ALL
 CONTRACTORS,  KNOWN  SUBCONTRACTORS, AND WHETHER ANY OR ALL QUALIFY AS A
 MINORITY OR WOMEN-OWNED BUSINESS; AND
   (D) A  LIST  OF  ALL  CONTRACTOR'S  AWARDED  WAIVERS  WITH  SUPPORTING
 DOCUMENTATION ILLUSTRATING SUCH CONTRACTOR'S GOOD FAITH EFFORT TO COMPLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00161-01-7
              

 A. 4437                             2
 
 WITH THE CRITERIA OUTLINED IN SUBDIVISION SEVEN OF SECTION THREE HUNDRED
 THIRTEEN OF THIS ARTICLE.
   3.  SUCH  THIRD  PARTY  ENTITY SHALL DEVELOP AN EVALUATION SYSTEM THAT
 CLEARLY DELINEATES AND COMPARES EACH AGENCY'S  UTILIZATION  OF  MINORITY
 AND   WOMEN-OWNED  BUSINESSES  AND  THE  ESTABLISHED  PROCUREMENT  GOALS
 OUTLINED IN SUBDIVISION ONE OF SECTION THREE HUNDRED  THIRTEEN  OF  THIS
 ARTICLE.
   4.  SUCH THIRD PARTY ENTITY SHALL REPORT ANNUALLY ON THE FIFTEENTH DAY
 OF MAY DIRECTLY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE  SENATE  AND
 SPEAKER  OF  THE  ASSEMBLY  THE COLLECTIVE FINDINGS FROM THE PAST YEAR'S
 QUARTERLY SUBMISSIONS. ADDITIONALLY, SUCH REPORT SHALL BE MADE AVAILABLE
 ON THE EMPIRE STATE DEVELOPMENT DIVISION OF MINORITY AND  WOMEN'S  BUSI-
 NESS DEVELOPMENT WEBSITE FOR PUBLIC REVIEW.
   §  2.  This  act shall take effect immediately and shall expire on the
 same date and in the same manner as article 15-A of  the  executive  law
 pursuant to subdivision (h) of section 121 of chapter 261 of the laws of
 1988, as amended.