S T A T E O F N E W Y O R K
________________________________________________________________________
7327
2023-2024 Regular Sessions
I N A S S E M B L Y
May 17, 2023
___________
Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state finance law, the public authorities law and
the New York city charter, in relation to discretionary purchasing
thresholds for certified minority and women-owned business enter-
prises
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 163 of the state finance law, as
separately amended by section 28 of part PP of chapter 56 and chapter
572 of the laws of 2022, is amended to read as follows:
6. Discretionary buying thresholds. Pursuant to guidelines established
by the state procurement council: the commissioner may purchase services
and commodities for the office of general services or its customer agen-
cies serviced by the office of general services business services center
in an amount not exceeding eighty-five thousand dollars without a formal
competitive process; state agencies may purchase services and commod-
ities in an amount not exceeding fifty thousand dollars without a formal
competitive process; and state agencies may purchase commodities or
services from small business concerns or those certified pursuant to
article fifteen-A of the executive law and article three of the veter-
ans' services law, or commodities or technology that are recycled or
remanufactured in an amount not exceeding ONE MILLION five hundred thou-
sand dollars without a formal competitive process AND STATE AGENCIES MAY
ENTER INTO CONSTRUCTION OR PROFESSIONAL SERVICE CONTRACTS WITH THOSE
CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW AND ARTICLE
THREE OF THE VETERANS' SERVICES LAW IN AN AMOUNT NOT EXCEEDING ONE
MILLION FIVE HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROC-
ESS, and for commodities that are food, including milk and milk
products, or animal or plant fiber products, grown, produced, harvested,
or processed in New York state or textile products manufactured from
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10783-02-3
A. 7327 2
animal or plant fiber grown or produced predominantly in New York state
in an amount not to exceed two hundred thousand dollars, without a
formal competitive process.
§ 2. Subparagraph (i) of paragraph (b) of subdivision 3 of section
2879 of the public authorities law, as amended by chapter 96 of the laws
of 2019, is amended to read as follows:
(i) for the selection of such contractors on a competitive basis, and
provisions relating to the circumstances under which the board may by
resolution waive competition, including, notwithstanding any other
provision of law requiring competition, the purchase of goods or
services from small business concerns those certified as minority or
women-owned business enterprises PURSUANT TO ARTICLE FIFTEEN-A OF THE
EXECUTIVE LAW, THOSE CERTIFIED PURSUANT TO ARTICLE THREE OF THE VETER-
ANS' SERVICES LAW, or goods or technology that are recycled or remanu-
factured, in an amount not to exceed ONE MILLION five hundred thousand
dollars without a formal competitive process AND THE ENTERING INTO
CONSTRUCTION AND PROFESSIONAL SERVICE CONTRACTS WITH THOSE CERTIFIED AS
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE
FIFTEEN-A OF THE EXECUTIVE LAW AND THOSE CERTIFIED PURSUANT TO ARTICLE
THREE OF THE VETERANS' SERVICES LAW IN AN AMOUNT NOT EXCEEDING ONE
MILLION FIVE HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROC-
ESS;
§ 3. Paragraph 1 of subdivision i of section 311 of the New York city
charter, as amended by chapter 569 of the laws of 2022, is amended to
read as follows:
1. agencies may make procurements of goods, services and construction
for amounts not exceeding one million FIVE HUNDRED THOUSAND dollars from
businesses certified as minority or women-owned business enterprises
pursuant to section thirteen hundred four of the charter without a
formal competitive process.
§ 4. This act shall take effect immediately; provided that the amend-
ments to section 163 of the state finance law made by section one of
this act shall not affect the repeal of such section and shall be
deemed repealed therewith.