Senate Bill S1419

2023-2024 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

download bill text pdf

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Current Bill Status - Passed Senate & Assembly

  • 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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2023-S1419 (ACTIVE) - Details

See Assembly Version of this Bill:
A3861
Law Section:
Executive Law
Laws Affected:
Amd §315, Exec L
Versions Introduced in 2023-2024 Legislative Session:
S1419, A3861

2023-S1419 (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.

2023-S1419 (ACTIVE) - Sponsor Memo

2023-S1419 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1419
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sens. COMRIE, LIU -- 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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