Requires that public contracts be divided by size into large, medium, small and micro contracts for the purpose of increasing opportunities for small businesses, including minority-owned business enterprises and women-owned business enterprises, to participate in state contracts.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3894
SPONSOR: Bichotte Hermelyn TITLE OF BILL:
An act to amend the state finance law, in relation to requiring that
public contracts be divided by size into large, medium, small and micro
contracts for the purpose of increasing opportunities for small busi-
nesses to participate in state contracts
PURPOSE OR GENERAL IDEA OF BILL:
Requires empire state development corporation to retain independent
minority and women-owned business consultant firms for the propose of
helping reduce contractor and sub-contractor violations when projects
are subjected to MWBE goals
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 315 of the executive law to require independent
MWBE consulting firms to monitor possible violations of contracts when
dealing with the minority and women-owned business enterprise programs.
Section 2 is the effective date.
JUSTIFICATION:
In certain instances, empire state development corporation minority and
women-owned business enterprises (MWBEs) may need assistance complying
with requirements outlined for contractors. This bill would ensure MWBE
programs retain consulting firms to avoid the possibility of violations
and maintain compliance outlined in program requirements. Such measures
will further the integrity of MWBEs.
PRIOR LEGISLATIVE HISTORY:
2021-22:A06270, referred to government operations
2019-20:A1676; Referred to government operations
2017-18:A9906; Referred to government operations
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
The act shall take effect on the ninetieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
3894
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. BICHOTTE HERMELYN, SEAWRIGHT, JEAN-PIERRE, HYND-
MAN, COOK, WALKER, DAVILA -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the state finance law, in relation to requiring that
public contracts be divided by size into large, medium, small and
micro contracts for the purpose of increasing opportunities for small
businesses to participate in state contracts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph c of subdivision 10 of section 163 of the state
2 finance law, as amended by chapter 95 of the laws of 2000, is amended to
3 read as follows:
4 c. The commissioner or state agency may elect to award a contract to
5 one or more responsive and responsible offerers provided, however, that
6 the basis for the selection among multiple contracts at the time of
7 purchase shall be the most practical and economical alternative and
8 shall be in the best interests of the state, and further provided that
9 the requirements set forth herein shall not preclude the commissioner
10 from establishing multiple award contracts for reasons including
11 increased opportunities for small businesses to participate in state
12 contracts. To the extent feasible, the commissioner or state agency
13 shall endeavor to divide contracts by size into large, medium, small and
14 micro contracts for the purpose of increasing opportunities for small
15 businesses, including minority-owned business enterprises and women-
16 owned business enterprises as defined in section three hundred ten of
17 the executive law, to participate in state contracts.
18 § 2. This act shall take effect on the sixtieth day after it shall
19 have become a law; provided, however, that the amendments to paragraph c
20 of subdivision 10 of section 163 of the state finance law made by
21 section one of this act shall not affect the repeal of such section and
22 shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05450-01-3
