senate Bill S634A

2021-2022 Legislative Session

Requires contracting agencies to contact minority and women-owned business enterprises when such enterprise is listed on a utilization plan and when a contract is awarded

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Procurement And Contracts Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to procurement and contracts
May 11, 2021 print number 634a
May 11, 2021 amend (t) and recommit to procurement and contracts
Jan 25, 2021 committee discharged and committed to procurement and contracts
Jan 06, 2021 referred to finance

Co-Sponsors

S634 - Details

See Assembly Version of this Bill:
A7778
Current Committee:
Senate Procurement And Contracts
Law Section:
Executive Law
Laws Affected:
Amd §313, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S9094

S634 - Summary

Requires contracting agencies to contact minority and women-owned business enterprises when such enterprise is listed on a utilization plan and when a contract is awarded; mandates that the prime contractor use such enterprise identified on the utilization plan, unless such enterprise cannot perform or is no longer state certified.

S634 - Sponsor Memo

S634 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    634
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 requiring  contracting
   agencies to contact minority and women-owned business enterprises when
   such enterprise is listed on a utilization plan
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a) and (b) of subdivision 5 of section  313  of
 the  executive  law,  as  amended by chapter 96 of the laws of 2019, are
 amended to read as follows:
   (a) Contracting agencies shall administer the  rules  and  regulations
 promulgated  by the director in a good faith effort to achieve the maxi-
 mum feasible participation by minority and women owned  business  enter-
 prises  adopted  pursuant  to  this  article  and the regulations of the
 director. Such rules and regulations:  shall  require  a  contractor  to
 submit a utilization plan after bids are opened, when bids are required,
 but  prior to the award of a state contract; shall require the contract-
 ing agency to review the utilization plan submitted  by  the  contractor
 and  to  post  the utilization plan and any waivers of compliance issued
 pursuant to subdivision six of  this  section  on  the  website  of  the
 contracting  agency;  SHALL REQUIRE THE CONTRACTING AGENCY TO NOTIFY THE
 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE WHEN LISTED ON THE UTILIZA-
 TION PLAN; shall require the contracting agency to notify the contractor
 in writing within a period of time specified by the director as  to  any
 deficiencies  contained  in  the  contractor's  utilization  plan; shall
 require remedy thereof within a period of time specified by  the  direc-
 tor;  shall require the contractor to submit periodic compliance reports
 relating to the operation and implementation of  any  utilization  plan;
 shall  not  allow  any automatic waivers but shall allow a contractor to
 apply for a partial or total waiver  of  the  minority  and  women-owned
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S634A (ACTIVE) - Details

See Assembly Version of this Bill:
A7778
Current Committee:
Senate Procurement And Contracts
Law Section:
Executive Law
Laws Affected:
Amd §313, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S9094

S634A (ACTIVE) - Summary

Requires contracting agencies to contact minority and women-owned business enterprises when such enterprise is listed on a utilization plan and when a contract is awarded; mandates that the prime contractor use such enterprise identified on the utilization plan, unless such enterprise cannot perform or is no longer state certified.

S634A (ACTIVE) - Sponsor Memo

S634A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  634--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. SANDERS, KAPLAN -- read twice and ordered printed,
   and when printed to be  committed  to  the  Committee  on  Finance  --
   committee  discharged  and  said  bill  committed  to the Committee on
   Procurement and  Contracts  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the executive law, in relation to requiring contracting
   agencies to contact minority and women-owned business enterprises when
   such enterprise is listed on a utilization plan and when a contract is
   awarded
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (a) and (b) of subdivision 5 of section 313 of
 the executive law, as amended by chapter 96 of the  laws  of  2019,  are
 amended and six new paragraphs (b-1), (b-2), (b-3), (b-4), (b-5) and (d)
 are added to read as follows:
   (a)  Contracting  agencies  shall administer the rules and regulations
 promulgated by the director in a good faith effort to achieve the  maxi-
 mum  feasible participation by [minority] BOTH MINORITY-OWNED and [women
 owned] WOMEN-OWNED business enterprises adopted pursuant to this article
 and the regulations of the director  PRIOR  TO  THE  PRIME  CONTRACTOR'S
 INCEPTION  OF  THE  SCOPE  OF WORK OUTLINED IN AN AWARDED CONTRACT. Such
 rules and regulations: shall require a PRIME contractor  to  [submit  a]
 UTILIZE  THE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES LISTED ON THE
 utilization plan [after] SUBMITTED WHEN bids are opened, [when bids  are
 required,  but  prior]  PROVIDED  THAT THE MINORITY-OWNED OR WOMEN-OWNED
 BUSINESS ENTERPRISE IS STILL CERTIFIED WITH NEW YORK STATE. PRIOR to the
 award of a state contract[; shall require] WITH MINORITY AND WOMEN-OWNED
 BUSINESS ENTERPRISE GOALS the contracting agency [to] SHALL  review  the
 utilization  plan  submitted by the PRIME contractor and [to] SHALL post
 the utilization plan and any waivers of compliance  issued  pursuant  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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