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Assembly Bill A4837

2017-2018 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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Archive: Last Bill Status - In Assembly Committee

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2017-A4837 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §315, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6903
2019-2020: A4685
2021-2022: A6074
2023-2024: A3861

2017-A4837 (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.

2017-A4837 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4837
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by M. of A. BLAKE, RODRIGUEZ, PEOPLES-STOKES, TITUS, COLTON,
   MOSLEY, BARRON,  COOK,  JOYNER,  SEAWRIGHT,  CROUCH,  JAFFEE,  HOOPER,
   SEPULVEDA,  BICHOTTE -- Multi-Sponsored by -- M. of A. THIELE, WOERNER
   -- read once and referred to the Committee on Governmental Operations
 
 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-a to read as follows:
   2-A. 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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