Senate Bill S3736

2021-2022 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

  • 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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2021-S3736 (ACTIVE) - Details

See Assembly Version of this Bill:
A6074
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §315, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6903
2017-2018: A4837
2019-2020: S8778, A4685
2023-2024: S1419, S8497, A3861

2021-S3736 (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.

2021-S3736 (ACTIVE) - Sponsor Memo

2021-S3736 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3736
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 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.
   § 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;
 provided,  further,  that  the  director of the division of minority and
 women's business development shall be authorized to commence  the  rule-
 making process required pursuant to section one of this act prior to the
 effective date of this act.

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