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A03861 Summary:

BILL NOA03861
 
SAME ASSAME AS S01419
 
SPONSORJackson
 
COSPNSRTapia, Cunningham, Taylor, Dickens, Septimo, Epstein, Kelles, Forrest, Raga, Simone
 
MLTSPNSRSimon
 
Amd §315, Exec L
 
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.
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A03861 Actions:

BILL NOA03861
 
02/08/2023referred to governmental operations
05/09/2023reported referred to ways and means
06/01/2023reported referred to rules
06/05/2023reported
06/05/2023rules report cal.497
06/05/2023substituted by s1419
 S01419 AMEND= COMRIE
 01/11/2023REFERRED TO PROCUREMENT AND CONTRACTS
 01/23/20231ST REPORT CAL.179
 01/24/20232ND REPORT CAL.
 01/25/2023ADVANCED TO THIRD READING
 02/07/2023PASSED SENATE
 02/07/2023DELIVERED TO ASSEMBLY
 02/07/2023referred to governmental operations
 06/05/2023substituted for a3861
 06/05/2023ordered to third reading rules cal.497
 06/20/2023passed assembly
 06/20/2023returned to senate
 11/29/2023DELIVERED TO GOVERNOR
 12/08/2023VETOED MEMO.98
 01/11/2023REFERRED TO PROCUREMENT AND CONTRACTS
 01/23/20231ST REPORT CAL.179
 01/24/20232ND REPORT CAL.
 01/25/2023ADVANCED TO THIRD READING
 02/07/2023PASSED SENATE
 02/07/2023DELIVERED TO ASSEMBLY
 02/07/2023referred to governmental operations
 06/05/2023substituted for a3861
 06/05/2023ordered to third reading rules cal.497
 06/20/2023passed assembly
 06/20/2023returned to senate
 11/29/2023DELIVERED TO GOVERNOR
 12/08/2023VETOED MEMO.98
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A03861 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3861
 
SPONSOR: Jackson
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to provide MWBEs which have had bids rejected with the knowledge they need to secure state contracts in the future:   SUMMARY OF SPECIFIC PROVISIONS: Section 1 requires the Director of the Division of Minority and Women's Business Development to promulgate rules regulations requiring all contracting agencies to promptly provide written notice to unsuccessful bidders that are MWBEs notifying them that they were not selected and the reasons why, and to disclose the identity of the successful bidder, offer guidance for improving future proposals, and advise such MWBE of services and debriefings available to help them with future proposals. Section 2 establishes the effective date of this act.   JUSTIFICATION: As we continue to strive towards achieving the 30%. MWBE goal as outlined by Governor Cuomo, we recognize that there will be times when an MWBE is denied the opportunity to secure a state contract. However, we should still find ways to provide education to said MWBEs on why they were not selected so that these capable businesses can take steps to improve their chances for the future. With that goal in mind, these explanations should not only clarify the reasons why an MWBE was rejected, but should also provide recommendations on how to improve so future consideration is possible as well as likely. Too often, MWBEs are being turned down from an opportunity but not being given information and explanation as to why and how to get better as a business so that they may better serve our fellow New Yorkers.   PRIOR LEGISLATIVE HISTORY: 2021-22 A.6074 Referred to Governmental Operations / S.3736 Referred to Governmental Operations 2019-20: A.4685A Reported referred to Ways and Means / S.8778 Referred to Rules 2017-18: A.4837 Referred to Governmental Operations 2015/16 A.6903 Referred to Governmental Operations/S.5282 Referred to finance   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall become a law; provided however, that the amendments to article 15-A of the execu- tive 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 busi- ness 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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A03861 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3861
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2023
                                       ___________
 
        Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
          tee on Governmental Operations
 
        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:
 
     1    Section 1. Section 315 of the executive law is amended by adding a new
     2  subdivision 2-b to read as follows:
     3    2-b. The director shall promulgate rules and  regulations  to  require
     4  all  contracting  agencies  to  promptly  provide  written notice to all
     5  unsuccessful bidders that are certified  minority-owned  or  women-owned
     6  business  enterprises  advising  such enterprises of the completion of a
     7  procurement selection process and that such enterprise was not selected.
     8  Such notice shall also (a)  disclose  the  identity  of  the  successful
     9  bidder  or  bidders; (b) advise such enterprise, to the extent practica-
    10  ble, of the reasons for not being selected; (c) include, to  the  extent
    11  practicable,  guidance  concerning methods of improving future proposals
    12  or bids by such enterprise; (d) advise such enterprise,  if  applicable,
    13  of  the  opportunity  to  request  a  debriefing pursuant to section one
    14  hundred sixty-three of the state finance law; and (e) inform such enter-
    15  prise of the services available through the  division  of  minority  and
    16  women's  business  development and the office of the minority and women-
    17  owned business enterprise statewide advocate.
    18    § 2. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law; provided however, that the amendments to article 15-A
    20  of  the  executive  law made by section one of this act shall not affect
    21  the expiration of such article and shall be deemed to expire  therewith;
    22  provided,  further,  that  the  director of the division of minority and
    23  women's business development shall be authorized to commence  the  rule-
    24  making process required pursuant to section one of this act prior to the
    25  effective date of this act.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03559-01-3
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