NY State Senate Bill 2021-S8090

Archive: Last Bill Status - In Senate Committee Procurement And Contracts 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2022	referred to procurement and contracts

2021-S8090 (ACTIVE) - Details

See Assembly Version of this Bill:: A6075
Current Committee:: Senate Procurement And Contracts
Law Section:: Executive Law
Laws Affected:: Add §316-b, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5698, A6905
2017-2018: S1847, S7137, A4437
2019-2020: S213, A4686
2023-2024: S5077, A3945
2025-2026: S7172, A1871

2021-S8090 (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.

2021-S8090 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8090

SPONSOR: CLEARE
 
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:

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.

 
EXISTING LAW:

There is no third-party review of MWBE activity in this section of law.

 
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 on 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 Cyrus 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.

 
LEGISLATIVE HISTORY:

2017-18: S.7137 / A.4437

2015-16: S.5698/A.6905

 
FISCAL IMPLICATIONS:

To be determined
 
LOCAL 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.

2021-S8090 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8090
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 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
 AND  WOMEN-OWNED  BUSINESSES  AND  THE  ESTABLISHED  PROCUREMENT   GOALS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04870-01-1
 S. 8090                             2
 
 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.

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Senate Bill S8090

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Archive: Last Bill Status - In Senate Committee Procurement And Contracts Committee

Actions

2021-S8090 (ACTIVE) - Details

2021-S8090 (ACTIVE) - Summary

2021-S8090 (ACTIVE) - Sponsor Memo

2021-S8090 (ACTIVE) - Bill Text download pdf

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Sponsored By

Cordell Cleare

Archive: Last Bill Status - In Senate Committee Procurement And Contracts Committee

Actions

2021-S8090 (ACTIVE) - Details

2021-S8090 (ACTIVE) - Summary

2021-S8090 (ACTIVE) - Sponsor Memo

2021-S8090 (ACTIVE) - Bill Text download pdf

Comments