NY State Senate Bill 2019-S8767

Senate Bill S8767

2019-2020 Legislative Session

Encourages the participation of minority and women-owned business enterprises in state contracts

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 15, 2020	referred to rules

2019-S8767 (ACTIVE) - Details

See Assembly Version of this Bill:: A5139
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §313, Exec L; amd §139-g, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A6906
2017-2018: A4430
2021-2022: S3943, A6068
2023-2024: S1548, A3852

2019-S8767 (ACTIVE) - Summary

Encourages the participation of minority- and women-owned business enterprises in state contracts by avoiding unnecessary and unjustified bundling of contract requirements that preclude minority- and women-owned business participation.

2019-S8767 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8767

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the executive law and the state finance law, in relation
to encouraging the participation of minority and women-owned business
enterprises in state contracts

 
PURPOSE OR GENERAL IDEA OF BILL:

To encourage the participation of Minority and Women-Owned Business
Enterprises in state contracts by making it more feasible for MWBE's to
secure contracts.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 313 f of the executive law by requiring that
each state contract avoids unnecessary and unjustified building of
contract requirements that precludes Minority and Women-Owned Business
Enterprises' Participation in procurements as prime contractors.

Section 2 amends section 139-g of the state finance law by requiring
each state contract avoids unnecessary and unjustified bundling of
contract requirements that precludes small and certified women and
minority-owned business' participation in procurement as prime contrac-
tors.

Section 3 (a) amends section 313 of the executive law to require a
contracting agency to refer to the Disparity Study when administering
MWBE related regulations. (b) creates a program allowing agencies to
evaluate contracts as to identify ways which certified businesses may
best bid to facilitate the award of a fair share of state contracts to
such businesses (c) requires agencies to consider the severability of
contracts where it applies, and to comply with the regulations of any
MWBE related federal law.

Section 4 establishes the effective date of this act

 
JUSTIFICATION:

In order to afford MWBE's greater opportunity in competing for contracts
and funding, we must find ways to unbundle contracts. In a letter in
2002, the Office of Federal Procurement said, "Although contract bundl-
ing can serve a useful purpose, the effect of this increase in contract
bundling over the past ten years cannot be underestimated. Not only are
substantially fewer small businesses receiving federal contracts, but
the federal government is suffering from a reduced supplier base". A
similar impact is felt on the state and city level, and it should be
avoided whenever possible. While understanding that contracts are often
bundled as a means of cost-saving, we have to find ways to identify more
capable companies who are able to do the work to improve the lives of
New Yorkers. Doing so will increase the likelihood of more certif-
ication. MWBEs having an opportunity for state procurement and funding.

 
PRIOR LEGISLATIVE HISTORY:

2015-16 A.6906 Reported and referred to Ways and Means

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8767 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8767
 
                             I N  S E N A T E
 
                               July 15, 2020
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law and the state finance law, in relation
   to encouraging the participation of minority and women-owned  business
   enterprises in state contracts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2-a of section 313  of  the  executive  law  is
 amended by adding a new paragraph (k) to read as follows:
   (K)  REQUIRE  THAT EACH STATE CONTRACT AVOIDS UNNECESSARY AND UNJUSTI-
 FIED BUNDLING OF  CONTRACT  REQUIREMENTS  THAT  PRECLUDES  MINORITY  AND
 WOMEN-OWNED BUSINESS ENTERPRISES' PARTICIPATION IN PROCUREMENTS AS PRIME
 CONTRACTORS.   FOR PURPOSES OF THIS PARAGRAPH, "UNNECESSARY AND UNJUSTI-
 FIED" SHALL MEAN NOT REQUIRED, NOT NEEDED AND WITH NO LEGITIMATE REASON.
   § 2. Section 139-g of the state finance law is amended by adding a new
 subdivision (e) to read as follows:
   (E) REQUIRE THAT EACH STATE CONTRACT AVOIDS UNNECESSARY  AND  UNJUSTI-
 FIED  BUNDLING  OF CONTRACT REQUIREMENTS THAT PRECLUDES SMALL AND CERTI-
 FIED WOMEN AND MINORITY-OWNED BUSINESS' PARTICIPATION IN PROCUREMENTS AS
 PRIME CONTRACTORS.  FOR PURPOSES OF THIS SUBDIVISION,  "UNNECESSARY  AND
 UNJUSTIFIED"  SHALL MEAN NOT REQUIRED, NOT NEEDED AND WITH NO LEGITIMATE
 REASON.
   § 3. Subdivision 4 of section 313 of the executive law, as amended  by
 chapter 96 of the laws of 2019, is amended to read as follows:
   4. In the implementation of this section, the contracting agency shall
 (a) consult the findings contained within the disparity study evidencing
 relevant  industry  specific  disparities in the utilization of minority
 and women-owned businesses relative to their availability;
   (b) implement a program that will enable the agency to  evaluate  each
 contract  to determine the appropriate goal for participation by minori-
 ty-owned business enterprises and women-owned business enterprises; AND
   (c) [consider where  practicable,  the  severability  of  construction
 projects and other bundled contracts; and

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

                                                            LBD08797-05-0

 S. 8767                             2

   (d)]  consider  compliance  with  the  requirements of any federal law
 concerning opportunities for minority and  women-owned  business  enter-
 prises  which  effectuates  the purpose of this section. The contracting
 agency shall determine whether the imposition of the requirements of any
 such  law  duplicate  or conflict with the provisions hereof and if such
 duplication or conflict exists, the contracting agency shall  waive  the
 applicability  of  this  section  to  the  extent of such duplication or
 conflict.
   § 4. This act shall take effect immediately;  provided  however,  that
 the  amendments to section 313 of the executive law made by sections one
 and three of this act shall not affect the expiration  of  such  section
 and shall be deemed to expire therewith.

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