NY State Senate Bill 2017-S7137

Senate Bill S7137

2017-2018 Legislative Session

Relates to requiring third party oversight over the state's contracting agency's procurement procedure

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance

2017-S7137 (ACTIVE) - Details

See Assembly Version of this Bill:: A4437
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §316-b, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5698, A6905
2019-2020: S213, A4686
2021-2022: S611, S8090, A6075
2023-2024: S5077, A3945

2017-S7137 (ACTIVE) - Summary

Relates to requiring third party oversight over the state's contracting agency's procurement procedure specific to the use of minority- and women-owned businesses.

2017-S7137 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7137             Revised 4/12/18

SPONSOR: BENJAMIN
 
TITLE OF BILL:  An act to amend the executive law, in relation to
third party oversight for state contracts involving minority and women-
owned businesses

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that State contracts are being reviewed and distributed fairly
among Minority and Women-Owned Business Enterprise bidders.

 
SUMMARY OF PROVISIONS:

Section 1 establishes an independent third party to oversee each
contracting agency's procurement procedure for contracts made with
Minority and Women-Owned Businesses. Each of these contracting agencies
submit information to this third party including proposed and confirmed
procurement opportunities, a list of all bids for each contract, and a
list of all contractors awarded waivers. This third party shall create
an evaluation system that assesses each agency's utilization of Minority

and Women-Owned businesses and the established procurement goals. Addi-
tionally, this third party entity is required to provide a monthly and
annual metrics based reporting, along with observations and recommenda-
tions for improvements of the MWBE contracting process including a
clearly defined MWBE point person within each agency.

Section 2 defines the effective date of this act.

 
JUSTIFICATION:

As we strive to achieve the MWBE goal as outlined by Governor Cuomo, it
is crucial that contracting agencies make considerations that are both
fair and impartial. Doing so will allow MBE's to transcend those barri-
ers, so that they may be judged n their merit alone. Equally crucial is
that we tackle any challenge, whether perceived or actual, that poses a
threat towards this balance of fairness and impartiality. Such a threat
is noted in the rise of MWBE fraud as outlined recently by Manhattan
District Attorney CY Vance. This legislation would require a third party
entity to oversee the MWBE auditing and reporting procurement process.
As part of this process the third party entity would provide monthly and
annual metrics based reporting and recommendations. It would ensure an
unbiased mechanism for review and responsiveness without fear of a
potential pushback from any administration or legislature.

 
PRIOR LEGISLATIVE HISTORY:

2016: S5698/A6905 - REFERRED TO FINANCE/ referred to governmental oper-
ations
2015: S5698/A6905 - REFERRED TO FINANCE/ referred to governmental oper-
ations

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
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.

2017-S7137 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7137
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00161-01-7

 S. 7137                             2
 
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.