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Assembly Bill A4685A

2019-2020 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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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A4685 - Details

See Senate Version of this Bill:
S8778
Current Committee:
Assembly Ways And Means
Law Section:
Executive Law
Laws Affected:
Amd §315, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6903
2017-2018: A4837
2021-2022: A6074, S3736
2023-2024: A3861, S1419, S8497
2025-2026: S5127

2019-A4685 - 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.

2019-A4685 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4685
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of A. BLAKE, BARRON, BICHOTTE, COLTON, COOK, CROUCH,
   JAFFEE, JOYNER, MOSLEY, PEOPLES-STOKES, RODRIGUEZ, SEAWRIGHT, TITUS --
   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.

co-Sponsors

multi-Sponsors

2019-A4685A (ACTIVE) - Details

See Senate Version of this Bill:
S8778
Current Committee:
Assembly Ways And Means
Law Section:
Executive Law
Laws Affected:
Amd §315, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6903
2017-2018: A4837
2021-2022: A6074, S3736
2023-2024: A3861, S1419, S8497
2025-2026: S5127

2019-A4685A (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.

2019-A4685A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4685--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of A. BLAKE, BARRON, BICHOTTE, COLTON, COOK, CROUCH,
   JAFFEE, JOYNER, MOSLEY, PEOPLES-STOKES, RODRIGUEZ, SEAWRIGHT, DICKENS,
   ARROYO, SAYEGH, CRUZ -- Multi-Sponsored by -- M. of A. THIELE, WOERNER
   -- read once and referred to the Committee on Governmental  Operations
   --  recommitted to the Committee on Governmental Operations in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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-b to read as follows:
   2-B. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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