NY State Senate Bill 2025-S4155

Senate Bill S4155

2025-2026 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

Current 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2025	referred to governmental operations
Jun 12, 2025	delivered to assembly passed senate
Jun 04, 2025	advanced to third reading
May 29, 2025	2nd report cal.
May 28, 2025	1st report cal.1397
Feb 03, 2025	referred to procurement and contracts

Votes

- Jun 12, 2025 - Floor Vote
  S4155
  
  58
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2025
      
      aye (58)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Baskin
      
      Borrello
      
      Brisport
      
      Brouk
      
      Bynoe
      
      Canzoneri-Fitzpatrick
      
      Chan
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fahy
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Walczyk
      
      excused (4)
      
      Murray
      
      Myrie
      
      Ramos
      
      Sutton
      
      The following Member(s) participated via videoconferencing: Brouk
  May 28, 2025 - Procurement And Contracts Committee Vote
  S4155
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Procurement And Contracts Committee Vote: May 28, 2025
      
      aye (6)
      
      Baskin
      
      Brisport
      
      Comrie
      
      Rhoads
      
      Sanders Jr.
      
      Webb
      
      excused (1)
      
      Martins

co-Sponsors

2025-S4155 (ACTIVE) - Details

See Assembly Version of this Bill:: A3518
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Amd §313, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S9094
2021-2022: S634, A7778
2023-2024: S1757, A1266

2025-S4155 (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.

2025-S4155 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4155

SPONSOR: SANDERS
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would requires contractors to submit a utilization plan at the
time it submits a bid and specifies timeframes when work assignment and
payments to MWBES must be received and made, respectively.

 
SUMMARY OF PROVISIONS:

This legislation seeks to prevent contractors from circumventing Article
15-A to the detriment of MWBEs. This bill strengthens Article 15-A by
requiring:

1) Contractors to submit a utilization plan at the time it submits a bid
in response to a Request For Proposal (RFP)from an agency or authority;

2) Agencies or authorities to contact and inform the MBE and WBE that
they were identified on the utilization plan;

3) Contractors to provide MBEs and WBEs with a work assignment and
execute a subcontract agreement within 45 days of being awarded the
contract from the agency or authority. A contractor's failure to comply
with this provision will result in the agency awarding the contract to
the next lowest bidder or bidder;

4) Contractors to make a payment to the MBE or WBE within 20 days of
receiving payment from the agency or authority. Should a MBE or WBE
notifies the agency that it has not received payment from the prime
contractor, the contracting agency will notify contractor to make
payment to MBE or WBE with 10 days. A contractor's failure to comply
with this provision will result in the agency awarding the contract to
the next lowest bidder or bidder;

5) This bill self-certify goal.clarifies that a prime contractor who is
certified MBE can as a MBE and perform under the contract to meet its
MBE

6) This bill self-certifyclarifies that a prime contractor who is certi-
fied WBE can as a WBE and perform under the contract to meet its WEE
goal only, but must utilize a MBE to satisfy the MBE goal of the
contract because a WBE can never satisfy or meet the MBE goal of a
contract.

7) This bill clarifies that a prime contractor who is dually certified
as a MBE or WBE can self-certify as both a MBE and WBE and, perform
under the contract to meet its both goals.

8) Section 2 makes it clear that this bill applies to all contracts that
an agency issues a Request for Proposal that can otherwise be awarded

through the agency's discretionary contract award process, even if the
agency does not have such a process.

 
JUSTIFICATION:

Due to certain loop holes in Article 15-A, contractors are not required
to submit a utilization plan until after it is awarded a contract or
submits a utilization plan without contacting the MBE or WBE but uses
their information to be considered and/or awarded contracts.This bill
also specifies the timeframes for a contractor to execute a subcontract
agreement; provide work assignments; and make payments to MBEs and WBEs
post contract award. Failure for contractors to comply with these
provisions will result in the agency or authority re-awarding contract
to next lowest bidders or bidders.

This bill also makes clear that a certified WBE can never be used to
satisfy the MBE goal of a contract, and agencies cannot issue waivers on
such ground. Further, a prime contractor can meet the MBE and WBE goals
of a contract if it is a certified MBE or WBE or both.

 
PRIOR LEGISLATIVE HISTORY:

2021-22 REFERRED TO SENATE PROCUREMENT AND CONTRACTS

2021-22 referred to assembly governmental operations

2020 REFERRED TO SENATE RULES

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S4155 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4155
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2025
                                ___________
 
 Introduced  by  Sens.  SANDERS,  COONEY, FERNANDEZ, PARKER, WEBB -- 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 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 40 of the  laws  of  2023,  are
 amended and six new paragraphs (b-1), (b-2), (b-3), (b-4), (b-5) and (e)
 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
 subdivision  six of this section on the website of the contracting agen-
 cy[; shall require the]. WITHIN FIVE BUSINESS DAYS AFTER AN AWARD LETTER
 IS SENT TO THE PRIME CONTRACTOR, THE CONTRACTING AGENCY SHALL SUBMIT  AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07242-01-5

 S. 4155                             2
 
 AWARD  NOTIFICATION  LETTER  TO THE  MINORITY  AND WOMEN-OWNED  BUSINESS
 ENTERPRISE LISTED ON THE UTILIZATION PLAN. THE MINORITY AND  WOMEN-OWNED
 BUSINESS  ENTERPRISE LISTED ON THE ORIGINAL UTILIZATION PLAN AT THE TIME
 OF   SUBMISSION  SHALL NOT BE AMENDED OR CHANGED BY THE CONTRACTOR AFTER
 SUBMISSION TO THE CONTRACTING AGENCY FOR APPROVAL. THE contracting agen-
 cy SHALL BE REQUIRED to notify the PRIME contractor in writing within [a
 period of time specified by the director] TEN DAYS as to  any  deficien-
 cies contained in the contractor's utilization plan[;] AND shall require
 remedy thereof within [a period of time specified by the director; shall
 require  the  contractor  to  submit  compliance reports relating to the
 operation and implementation of any utilization  plan;]  SEVEN  DAYS  OF
 SUCH  NOTIFICATION. THE CONTRACTING AGENCY 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 business enterprise participation
 requirements  pursuant  to  subdivisions  six and seven of this section;
 shall allow a contractor to file a complaint with the director  pursuant
 to  subdivision  eight of this section in the event a contracting agency
 has failed or refused to issue a waiver of the minority and  women-owned
 business  enterprise  participation  requirements  or  has  denied  such
 request for a waiver; and shall allow a contracting  agency  to  file  a
 complaint with the director pursuant to subdivision nine of this section
 in  the  event  a contractor is failing or has failed to comply with the
 minority and women-owned business enterprise participation  requirements
 set forth in the state contract where no waiver has been granted.
   (b) The rules and regulations promulgated pursuant to this subdivision
 regarding  a  utilization plan shall provide that where enterprises have
 been identified within a utilization plan, a contractor  shall  attempt,
 in  good faith, to utilize such enterprise [at least to the extent indi-
 cated], UNLESS SUCH ENTERPRISE CANNOT PERFORM UNDER THE CONTRACT OR SUCH
 ENTERPRISE IS NO LONGER CERTIFIED BY THE STATE. A contracting agency may
 require a contractor to indicate, within a utilization plan, what  meas-
 ures and procedures [he or she] THE CONTRACTOR intends to take to comply
 with  the  provisions of this article[, but may not require, as a condi-
 tion of award of, or compliance  with,  a  contract  that  a  contractor
 utilize a particular enterprise in performance of the contract].
   (B-1)  AFTER  THE  CONTRACTING  AGENCY  AWARDS  A  CONTRACT, THE PRIME
 CONTRACTOR SHALL EXECUTE A SUBCONTRACTOR'S AGREEMENT AND PROVIDE A  WORK
 ASSIGNMENT  TO  THE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES LISTED
 IN THE UTILIZATION PLAN WITHIN FORTY-FIVE DAYS OF SUCH AWARD.    FAILURE
 TO  COMPLY WITH THIS REQUIREMENT SHALL RESULT IN DISQUALIFICATION OF THE
 PRIME CONTRACTOR AND THE CONTRACTING AGENCY SHALL RE-AWARD THE  CONTRACT
 TO THE NEXT LOWEST BIDDER OR ELIGIBLE BIDDER.
   (B-2)  AFTER  RECEIVING  THE  FIRST PAYMENT ON THE CONTRACT, THE PRIME
 CONTRACTOR SHALL MAKE PAYMENTS TO THE MINORITY AND WOMEN-OWNED  BUSINESS
 ENTERPRISE  FOR  WORK PERFORMED UNDER THE CONTRACT WITHIN TWENTY DAYS OF
 RECEIPT OF EACH PAYMENT RECEIVED FROM THE CONTRACTING AGENCY. A MINORITY
 AND WOMEN-OWNED BUSINESS ENTERPRISE MAY NOTIFY THE CONTRACTING AGENCY OF
 ANY VIOLATION  OF  THIS  PARAGRAPH  BY  THE  PRIME  CONTRACTOR  AND  THE
 CONTRACTING  AGENCY  SHALL  THEN  NOTIFY THE PRIME CONTRACTOR TO CORRECT
 SUCH DEFICIENCY WITHIN TEN DAYS OF  NOTIFICATION.  THE  FAILURE  OF  THE
 CONTRACTOR  TO  MAKE SUCH PAYMENTS TO THE MINORITY AND WOMEN-OWNED BUSI-
 NESS ENTERPRISE SHALL RESULT IN  DISQUALIFICATION  AND  THE  CONTRACTING
 AGENCY  SHALL RE-AWARD SUCH CONTRACT TO THE NEXT LOWEST BIDDER OR ELIGI-
 BLE BIDDER.
 S. 4155                             3
 
   (B-3) A PRIME CONTRACTOR WHICH IS A CERTIFIED MINORITY-OWNED  BUSINESS
 MAY  SELF-CERTIFY  AND PERFORM UNDER THE CONTRACT TO MEET THE CONTRACT'S
 MINORITY-OWNED BUSINESS ENTERPRISE GOALS.
   (B-4) A PRIME CONTRACTOR WHICH IS A CERTIFIED WOMEN-OWNED BUSINESS MAY
 SELF-CERTIFY  AND  PERFORM  UNDER  THE  CONTRACT  TO MEET THE CONTRACT'S
 WOMEN-OWNED BUSINESS ENTERPRISE GOAL ONLY, AND IT MUST UTILIZE A  CERTI-
 FIED MINORITY-OWNED BUSINESS ENTERPRISE TO PERFORM UNDER THE CONTRACT TO
 MEET THE CONTRACT'S MINORITY-OWNED BUSINESS GOALS.
   (B-5)  A PRIME CONTRACTOR WHICH IS DUALLY CERTIFIED MINORITY-OWNED AND
 WOMEN-OWNED BUSINESS ENTERPRISE MAY SELF-CERTIFY AND PERFORM  UNDER  THE
 CONTRACT  TO MEET THE CONTRACT'S MINORITY-OWNED AND WOMEN-OWNED BUSINESS
 ENTERPRISE GOALS.
   (E) THIS SUBDIVISION SHALL APPLY  TO  ALL  PUBLIC  CONTRACTS  WHERE  A
 PUBLIC  AGENCY  ISSUES  A REQUEST FOR PROPOSALS, NOTWITHSTANDING WHETHER
 THE CONTRACT COULD OTHERWISE BE AWARDED THROUGH THE AGENCY'S DISCRETION-
 ARY CONTRACT AWARD PROCESS  OR  THE  NON-EXISTENCE  OF  A  DISCRETIONARY
 CONTRACT AWARD PROCESS WITHIN THE PUBLIC AGENCY.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 5 of section 313 of the executive law made
 by section one of this act shall not affect the repeal of  such  section
 and shall be deemed repealed therewith.

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Senate Bill S4155

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Sponsored By

James Sanders Jr.

Current Bill Status - In Assembly Committee

co-Sponsors

Jeremy Cooney

Nathalia Fernandez

Kevin S. Parker

Lea Webb

2025-S4155 (ACTIVE) - Details

2025-S4155 (ACTIVE) - Summary

2025-S4155 (ACTIVE) - Sponsor Memo

2025-S4155 (ACTIVE) - Bill Text download pdf

Comments