•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A01487 Summary:

BILL NOA01487
 
SAME ASNo Same As
 
SPONSORBichotte
 
COSPNSR
 
MLTSPNSR
 
Add §1678-b, Pub Auth L; add §204, Exec L; add §411, Pub Health L; add §23, Transp L
 
Establishes small business mentoring programs in the dormitory authority of the state of New York, office of general services, department of health, department of transportation, and the empire state development corporation.
Go to top

A01487 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1487
 
SPONSOR: Bichotte
  TITLE OF BILL: An act to amend the public authorities law, the executive law, the public health law, and the transportation law, in relation to establish- ing small business mentoring programs; and providing for the repeal of such provisions upon the expiration thereof   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to create a mentor capacity program provided by state agencies and authorities to prepare small businesses, including minority and women-owned businesses enterprises (MWBE), for the purpose of expanding capacity to become eligible to fulfill larger contracts.   SUMMARY OF SPECIFIC PROVISIONS: To amend the public authorities law, the executive law, the public health law, and transportation law, in relation to establishing small business mentoring programs; providing for the repeal of such previsions upon the expiration thereof   JUSTIFICATION: Many MWBEs have difficulty growing in capacity due to limited resources and training. This bill would increase their success by providing a structured mentorship institution facilitated by an agency or authority, in which a program for MWBEs is created in the span of up to four years. The program can include but it not limited to a lending program where MWBEs may apply for loans, a mentor-protege relationship with an experi- enced construction management firm, support and training on the proposal and bidding process and learning how to be unionized.   PRIOR LEGISLATIVE HISTORY: 2017-18: A11248; referred to governmental operations   FISCAL IMPLICATIONS: To be Determined   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law and shall expire December 31, 2023
Go to top

A01487 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1487
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2019
                                       ___________
 
        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN  ACT  to  amend  the  public  authorities law, the executive law, the
          public health law, and the transportation law, in relation  to  estab-
          lishing  small  business  mentoring  programs;  and  providing for the
          repeal of such provisions upon the expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  public  authorities  law  is amended by adding a new
     2  section 1678-b to read as follows:
     3    § 1678-b. Dormitory authority small business mentoring  program.    1.
     4  Definitions. As used in this section, unless the context requires other-
     5  wise:
     6    (a) "small business" means a business in the construction trades which
     7  (i)  is  independently  owned and operated; (ii) has annual revenues not
     8  exceeding a fiscal limitation of five million  dollars  or  such  lesser
     9  amount as established by the authority pursuant to these provisions; and
    10  (iii) meets additional criteria as otherwise established by the authori-
    11  ty.  The  authority shall establish a detailed definition in general and
    12  specific to different segments  of  the  construction  industry  to  the
    13  extent  necessary  to reflect differing characteristics of such segments
    14  based on the criteria used by the United States small business  adminis-
    15  tration  for  loans to small businesses as set forth in Sections 121.301
    16  through 121.305, or for awarding government procurements as set forth in
    17  Sections 121.401 through 121.413, of Subpart A of Part 121 of Chapter  I
    18  of  Title  13  of  the  Code of Federal Regulations as amended, and such
    19  other criteria as determined by the authority;
    20    (b) "small business mentoring program" is a program established by the
    21  authority pursuant to this section to provide small businesses  accepted
    22  into the program with the opportunity:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00306-01-9

        A. 1487                             2
 
     1    (i)  for  up  to  four  years,  to  compete for and, where awarded, to
     2  perform certain authority public work contracts to be designated by  the
     3  authority  for  inclusion  in this program under this subparagraph, with
     4  the assistance of an authority-provided mentor, which shall  be  a  firm
     5  competitively  selected by the authority that has extensive construction
     6  management and mentoring experience, with  the  mentor  to  provide  the
     7  small  business with advice and assistance in competing for and managing
     8  authority public work contracts; and
     9    (ii) for a small business  mentoring  program  participant  which  the
    10  authority  has  determined  has successfully completed the program under
    11  subparagraph (i) of this paragraph, for up to four additional years, (A)
    12  additional opportunities to compete with other  designated  small  busi-
    13  nesses in the program for certain public work contracts to be designated
    14  for  inclusion  under  this  subparagraph and, where awarded, to perform
    15  such authority public work contracts, with the further assistance of  an
    16  authority-provided  mentor, which shall be a firm competitively selected
    17  by the authority that has extensive construction management and  mentor-
    18  ing  experience,  with  the  mentor  to  provide the small business with
    19  advice and technical assistance in competing for and managing  authority
    20  public  work contracts, and (B) authority-provided assistance, as deter-
    21  mined by the authority, for such a small business to obtain bonding  for
    22  public  work  contracts  that  are  competitively  awarded  pursuant  to
    23  provisions of law other than this section; and
    24    (c) "small business mentoring program contract" means a  non-federally
    25  funded authority public work contract designated by the authority, in an
    26  estimated  amount  of  not  more  than one million dollars for contracts
    27  under subparagraph (i) of paragraph (b) of this  subdivision  and  three
    28  million  dollars  for contracts under subparagraph (ii) of paragraph (b)
    29  of this subdivision, for which bids or proposals are to be  invited  and
    30  accepted  only  from  businesses that are enrolled in the small business
    31  mentoring program and have been selected by the authority to compete for
    32  the contract.
    33    2. Small business mentoring program. (a) Pursuant to this section, the
    34  authority  shall  establish  a  small  business  mentoring  program.  In
    35  connection  therewith, the authority may determine the criteria pursuant
    36  to which a small business shall be eligible for and selected to  partic-
    37  ipate  in  the program under subparagraphs (i) and (ii) of paragraph (b)
    38  of subdivision one of  this  section,  the  number  of  participants  to
    39  participate  in each such component of the program, the criteria for the
    40  competitive selection of the firms that will  provide  small  businesses
    41  with  mentoring services, the assignment of a mentor to a specific small
    42  business in the small business mentoring program, and  the  funding  for
    43  the program.
    44    (b)  Under  the  small  business  mentoring  program, the authority is
    45  authorized, notwithstanding any other provision of law:
    46    (i) to designate which eligible public work contracts shall  be  small
    47  business mentoring program contracts under subparagraphs (i) and (ii) of
    48  paragraph (b) of subdivision one of this section, respectively;
    49    (ii)  to  establish  standards for qualifying small business mentoring
    50  program participants to compete for a small business  mentoring  program
    51  contract, provided that no less than three qualified small businesses in
    52  the program must submit responsive offers to perform the contract;
    53    (iii) to determine when bids or proposals for a small business mentor-
    54  ing  program  contract  should be restricted to small business mentoring
    55  program participants which, prior to the receipt of bids  or  proposals,
    56  have been qualified by the authority for such competition;

        A. 1487                             3
 
     1    (iv)  to competitively select, designate and contract with one or more
     2  experienced construction management firms that, under the general super-
     3  vision of the authority, will provide mentoring services  to  the  small
     4  businesses participating in the small business mentoring program, and to
     5  assign  such mentors one or more designated small businesses participat-
     6  ing in the program;
     7    (v) for small business mentoring  program  contracts,  except  as  set
     8  forth  herein, to waive requirements for the solicitation and award of a
     9  public work contract pursuant to sections twelve  hundred  nine,  twelve
    10  hundred sixty-five-a and twenty-eight hundred seventy-nine of this chap-
    11  ter and any other provision of law;
    12    (vi) to assist only small business mentoring program participants that
    13  have  been  awarded small business mentoring program contracts to obtain
    14  any surety bond or contract of insurance required of them in  connection
    15  with  such  contract  only  notwithstanding any provision of section two
    16  thousand five hundred four of the insurance law to the contrary; and
    17    (vii) for small businesses that have  been  accepted  into  the  small
    18  business  mentoring  program under subparagraph (ii) of paragraph (b) of
    19  subdivision one of this section, in addition to  the  benefits  of  such
    20  program and notwithstanding any other provision of law, to provide tech-
    21  nical  assistance  in obtaining bid, payment and performance bonding for
    22  authority public work contracts that are not  small  business  mentoring
    23  program contracts, for which the small business is otherwise qualified.
    24    (c)  Under  the small business mentoring program, the authority shall,
    25  notwithstanding any other provision of law:
    26    (i) require that thirty percent of all New York state funded contracts
    27  over one hundred thousand dollars be awarded to minority and women-owned
    28  businesses;
    29    (ii) require that eighteen percent of  all  federal  transit  adminis-
    30  tration  funded  contracts  be  awarded to disadvantaged business enter-
    31  prises;
    32    (iii) require that six percent of all New York state funded  contracts
    33  be awarded to service disabled veteran-owned businesses;
    34    (iv)  provide  a  thirteen-week  class  at  no  cost  for  training on
    35  construction and business development;
    36    (v) develop and implement a small business loan  program  where  firms
    37  are  eligible  to  obtain  loans up to nine hundred thousand dollars per
    38  contract; and
    39    (vi) develop and implement  a  program  for  providing  free  business
    40  plans,  legal  advice,  financial guidance, and administrative and back-
    41  office support for small businesses participating in the program.
    42    3. Withdrawal of  designation  of  small  business  mentoring  program
    43  contracts. (a) If the total number of qualified small business mentoring
    44  program  participants  that  respond to a competition and are considered
    45  capable of meeting the specifications and terms  of  the  invitation  to
    46  compete  is less than three, or if the authority determines that accept-
    47  ance of the best offer will result in the  payment  of  an  unreasonable
    48  price,  the authority may reject all offers and withdraw the designation
    49  of the contract as a small business mentoring program contract.
    50    (b) If the authority withdraws the designation  of  a  contract  as  a
    51  small  business mentoring program contract, the firms, if any, that made
    52  offers shall be notified. Invitations to compete containing the same  or
    53  rewritten  specifications  and  terms shall then be re-issued as a small
    54  business mentoring program contract for one or more additional  contract
    55  periods.

        A. 1487                             4
 
     1    4.  Construction  manager mentors. A mentor shall provide services and
     2  assistance to a small business as designated by the authority, which may
     3  include the following: (a)  provide  business  training  in  the  skills
     4  necessary  to  operate a successful construction business and to compete
     5  for and perform a public work contract;
     6    (b)  provide  technical assistance to the small business to assess the
     7  outcome if the  small  business  competes  for  but  is  not  awarded  a
     8  contract;
     9    (c) if the small business mentoring program contract is awarded to the
    10  small business, provide guidance, advice and technical assistance to the
    11  small business in the performance of the contract; and
    12    (d) provide other technical assistance to the small business to facil-
    13  itate learning, training and other issues which may arise.
    14    5.  Aggregate  amount.  The small business mentoring program contracts
    15  authorized by this section shall, for the initial year of  the  program,
    16  be  in  an  aggregate  amount  of not less than ten million dollars, and
    17  shall not exceed one hundred million dollars, with the maximum amount in
    18  future years to be set by the authority.
    19    § 2. The executive law is amended by adding a new section 204 to  read
    20  as follows:
    21    § 204. Office of general services small business mentoring program. 1.
    22  Definitions. As used in this section, unless the context requires other-
    23  wise:
    24    (a) "small business" means a business in the construction trades which
    25  (i)  is  independently  owned and operated; (ii) has annual revenues not
    26  exceeding a fiscal limitation of five million  dollars  or  such  lesser
    27  amount  as  established  by  the  office of general services pursuant to
    28  these provisions; and  (iii)  meets  additional  criteria  as  otherwise
    29  established  by  the  office  of general services. The office of general
    30  services shall establish a detailed definition in general  and  specific
    31  to  different segments of the construction industry to the extent neces-
    32  sary to reflect differing characteristics of such segments based on  the
    33  criteria  used  by  the  United States small business administration for
    34  loans to small businesses as  set  forth  in  Sections  121.301  through
    35  121.305,  or  for  awarding  government  procurements  as  set  forth in
    36  Sections 121.401 through 121.413, of Subpart A of Part 121 of Chapter  I
    37  of  Title  13  of  the  Code of Federal Regulations as amended, and such
    38  other criteria as determined by the office of general services;
    39    (b) "small business mentoring program" is a program established by the
    40  office of general services pursuant to this  section  to  provide  small
    41  businesses accepted into the program with the opportunity:
    42    (i)  for  up  to  four  years,  to  compete for and, where awarded, to
    43  perform certain office of general services public work contracts  to  be
    44  designated  by  the  office  of  general  services for inclusion in this
    45  program under this subparagraph, with the assistance  of  an  office  of
    46  general  services-provided  mentor,  which shall be a firm competitively
    47  selected  by  the  office  of  general  services  that   has   extensive
    48  construction  management  and  mentoring  experience, with the mentor to
    49  provide the small business with advice and assistance in  competing  for
    50  and managing office of general services public work contracts; and
    51    (ii)  for  a  small  business  mentoring program participant which the
    52  office of general services has determined has successfully completed the
    53  program under subparagraph (i) of this paragraph, for up to  four  addi-
    54  tional  years, (A) additional opportunities to compete with other desig-
    55  nated small businesses in the program for certain public work  contracts
    56  to  be  designated  for  inclusion  under  this  subparagraph and, where

        A. 1487                             5
 
     1  awarded,  to  perform  such  office  of  general  services  public  work
     2  contracts,  with  the further assistance of an office of general servic-
     3  es-provided mentor, which shall be a firm competitively selected by  the
     4  office  of  general  services that has extensive construction management
     5  and mentoring experience, with the mentor to provide the small  business
     6  with  advice  and  technical  assistance  in  competing for and managing
     7  office of general services public work  contracts,  and  (B)  office  of
     8  general  services-provided  assistance,  as  determined by the office of
     9  general services, for such a small business to obtain bonding for public
    10  work contracts that are competitively awarded pursuant to provisions  of
    11  law other than this section;
    12    (c)  "small business mentoring program contract" means a non-federally
    13  funded office of general services public work contract designated by the
    14  office of general services, in an estimated amount of not more than  one
    15  million dollars for contracts under subparagraph (i) of paragraph (b) of
    16  this  subdivision and three million dollars for contracts under subpara-
    17  graph (ii) of paragraph (b) of  this  subdivision,  for  which  bids  or
    18  proposals  are  to be invited and accepted only from businesses that are
    19  enrolled in the small business mentoring program and have been  selected
    20  by the office of general services to compete for the contract.
    21    2. Small business mentoring program. (a) Pursuant to this section, the
    22  office  of  general  services shall establish a small business mentoring
    23  program. In connection therewith, the office  of  general  services  may
    24  determine  the  criteria  pursuant  to  which  a small business shall be
    25  eligible for and selected to participate in the program  under  subpara-
    26  graphs (i) and (ii) of paragraph (b) of subdivision one of this section,
    27  the  number of participants to participate in each such component of the
    28  program, the criteria for the competitive selection of  the  firms  that
    29  will provide small businesses with mentoring services, the assignment of
    30  a  mentor  to  a specific small business in the small business mentoring
    31  program, and the funding for the program.
    32    (b) Under the small business mentoring program, the office of  general
    33  services is authorized, notwithstanding any other provision of law:
    34    (i)  to  designate which eligible public work contracts shall be small
    35  business mentoring program contracts under subparagraphs (i) and (ii) of
    36  paragraph (b) of subdivision one of this section, respectively;
    37    (ii) to establish standards for qualifying  small  business  mentoring
    38  program  participants  to compete for a small business mentoring program
    39  contract, provided that no less than three qualified small businesses in
    40  the program must submit responsive offers to perform the contract;
    41    (iii) to determine when bids or proposals for a small business mentor-
    42  ing program contract should be restricted to  small  business  mentoring
    43  program  participants  which, prior to the receipt of bids or proposals,
    44  have been qualified by the office of general services for such  competi-
    45  tion;
    46    (iv)  to competitively select, designate and contract with one or more
    47  experienced construction management firms that, under the general super-
    48  vision of  the  office  of  general  services,  will  provide  mentoring
    49  services  to  the  small  businesses participating in the small business
    50  mentoring program, and to assign such mentors  one  or  more  designated
    51  small businesses participating in the program;
    52    (v)  for  small  business  mentoring  program contracts, except as set
    53  forth herein, to waive requirements for the solicitation and award of  a
    54  public  work  contract  pursuant to sections twelve hundred nine, twelve
    55  hundred sixty-five-a and twenty-eight hundred seventy-nine of the public
    56  authorities law and any other provision of law;

        A. 1487                             6
 
     1    (vi) to assist only small business mentoring program participants that
     2  have been awarded small business mentoring program contracts  to  obtain
     3  any  surety bond or contract of insurance required of them in connection
     4  with such contract only notwithstanding any  provision  of  section  two
     5  thousand five hundred four of the insurance law to the contrary; and
     6    (vii)  for  small  businesses  that  have been accepted into the small
     7  business mentoring program under subparagraph (ii) of paragraph  (b)  of
     8  subdivision  one  of  this  section, in addition to the benefits of such
     9  program and notwithstanding any other provision of law, to provide tech-
    10  nical assistance in obtaining bid, payment and performance  bonding  for
    11  office  of  general  services  public  work contracts that are not small
    12  business mentoring program contracts, for which the  small  business  is
    13  otherwise qualified.
    14    (c)  Under the small business mentoring program, the office of general
    15  services shall, notwithstanding any other provision of law:
    16    (i) require that thirty percent of all New York state funded contracts
    17  over one hundred thousand dollars be awarded to minority and women-owned
    18  businesses;
    19    (ii) require that eighteen percent of  all  federal  transit  adminis-
    20  tration  funded  contracts  be  awarded to disadvantaged business enter-
    21  prises;
    22    (iii) require that six percent of all New York state funded  contracts
    23  be awarded to service disabled veteran-owned businesses;
    24    (iv)  provide  a  thirteen-week  class  at  no  cost  for  training on
    25  construction and business development;
    26    (v) develop and implement a small business loan  program  where  firms
    27  are  eligible  to  obtain  loans up to nine hundred thousand dollars per
    28  contract; and
    29    (vi) develop and implement  a  program  for  providing  free  business
    30  plans,  legal  advice,  financial guidance, and administrative and back-
    31  office for support small businesses participating in the program.
    32    3. Withdrawal of  designation  of  small  business  mentoring  program
    33  contracts. (a) If the total number of qualified small business mentoring
    34  program  participants  that  respond to a competition and are considered
    35  capable of meeting the specifications and terms  of  the  invitation  to
    36  compete  is less than three, or if the office of general services deter-
    37  mines that acceptance of the best offer will result in the payment of an
    38  unreasonable price, the office of general services may reject all offers
    39  and withdraw the designation of the contract as a small business mentor-
    40  ing program contract.
    41    (b) If the office of general services withdraws the designation  of  a
    42  contract  as  a small business mentoring program contract, the firms, if
    43  any, that made offers shall be notified. Invitations to compete contain-
    44  ing the same or rewritten specifications and terms shall then be  re-is-
    45  sued  as  a  small  business  mentoring program contract for one or more
    46  additional contract periods.
    47    4. Construction manager mentors. A mentor shall provide  services  and
    48  assistance  to  a  small business as designated by the office of general
    49  services, which may include the following: (a) provide business training
    50  in the skills necessary to operate a  successful  construction  business
    51  and to compete for and perform a public work contract;
    52    (b)  provide  technical assistance to the small business to assess the
    53  outcome if the  small  business  competes  for  but  is  not  awarded  a
    54  contract;

        A. 1487                             7
 
     1    (c) if the small business mentoring program contract is awarded to the
     2  small business, provide guidance, advice and technical assistance to the
     3  small business in the performance of the contract; and
     4    (d) provide other technical assistance to the small business to facil-
     5  itate learning, training and other issues which may arise.
     6    5.  Aggregate amount.   The small business mentoring program contracts
     7  authorized by this section shall, for the initial year of  the  program,
     8  be  in  an  aggregate  amount  of not less than ten million dollars, and
     9  shall not exceed one hundred million dollars, with the maximum amount in
    10  future years to be set by the office of general services.
    11    § 3. The public health law is amended by adding a new section  411  to
    12  read as follows:
    13    §  411.  Department  of  health small business mentoring program.   1.
    14  Definitions. As used in this section, unless the context requires other-
    15  wise:
    16    (a) "small business" means a business in the construction trades which
    17  (i) is independently owned and operated; (ii) has  annual  revenues  not
    18  exceeding  a  fiscal  limitation  of five million dollars or such lesser
    19  amount as established by the department pursuant  to  these  provisions;
    20  and  (iii)  meets  additional  criteria  as otherwise established by the
    21  department. The department shall  establish  a  detailed  definition  in
    22  general  and specific to different segments of the construction industry
    23  to the extent necessary to reflect  differing  characteristics  of  such
    24  segments  based on the criteria used by the United States small business
    25  administration for loans to small businesses as set  forth  in  Sections
    26  121.301  through 121.305, or for awarding government procurements as set
    27  forth in Sections 121.401 through 121.413, of Subpart A of Part  121  of
    28  Chapter I of Title 13 of the Code of Federal Regulations as amended, and
    29  such other criteria as determined by the department;
    30    (b) "small business mentoring program" is a program established by the
    31  department  pursuant  to  these  provisions  to provide small businesses
    32  accepted into the program with the opportunity:
    33    (i) for up to four years,  to  compete  for  and,  where  awarded,  to
    34  perform certain department public work contracts to be designated by the
    35  department  for  inclusion in this program under this subparagraph, with
    36  the assistance of a department-provided mentor, which shall  be  a  firm
    37  competitively selected by the department that has extensive construction
    38  management  and  mentoring  experience,  with  the mentor to provide the
    39  small business with advice and assistance in competing for and  managing
    40  department public work contracts; and
    41    (ii)  for  a  small  business  mentoring program participant which the
    42  department has determined has successfully completed the  program  under
    43  subparagraph (i) of this paragraph, for up to four additional years, (A)
    44  additional  opportunities  to  compete with other designated small busi-
    45  nesses in the program for certain public work contracts to be designated
    46  for inclusion under this subparagraph and,  where  awarded,  to  perform
    47  such  department public work contracts, with the further assistance of a
    48  department-provided mentor, which shall be a firm competitively selected
    49  by the department that has extensive construction management and mentor-
    50  ing experience, with the mentor  to  provide  the  small  business  with
    51  advice and technical assistance in competing for and managing department
    52  public work contracts, and (B) department-provided assistance, as deter-
    53  mined by the department, for such a small business to obtain bonding for
    54  public  work  contracts  that  are  competitively  awarded  pursuant  to
    55  provisions of law other than this section.

        A. 1487                             8

     1    (c) "small business mentoring program contract" means a  non-federally
     2  funded  department public work contract designated by the department, in
     3  an estimated amount of not more than one million dollars  for  contracts
     4  under  subparagraph  (i)  of paragraph (b) of this subdivision and three
     5  million  dollars  for contracts under subparagraph (ii) of paragraph (b)
     6  of this subdivision, for which bids or proposals are to be  invited  and
     7  accepted  only  from  businesses that are enrolled in the small business
     8  mentoring program and have been selected by the  department  to  compete
     9  for the contract.
    10    2. Small business mentoring program. (a) Pursuant to this section, the
    11  department  shall  establish  a  small  business  mentoring  program. In
    12  connection therewith, the department may determine the criteria pursuant
    13  to which a small business shall be eligible for and selected to  partic-
    14  ipate  in  the program under subparagraphs (i) and (ii) of paragraph (b)
    15  of subdivision one of  this  section,  the  number  of  participants  to
    16  participate  in each such component of the program, the criteria for the
    17  competitive selection of the firms that will  provide  small  businesses
    18  with  mentoring services, the assignment of a mentor to a specific small
    19  business in the small business mentoring program, and  the  funding  for
    20  the program.
    21    (b)  Under  the  small  business  mentoring program, the department is
    22  authorized, notwithstanding any other provision of law:
    23    (i) to designate which eligible public work contracts shall  be  small
    24  business mentoring program contracts under subparagraphs (i) and (ii) of
    25  paragraph (b) of subdivision one of this section, respectively;
    26    (ii)  to  establish  standards for qualifying small business mentoring
    27  program participants to compete for a small business  mentoring  program
    28  contract, provided that no less than three qualified small businesses in
    29  the program must submit responsive offers to perform the contract;
    30    (iii) to determine when bids or proposals for a small business mentor-
    31  ing  program  contract  should be restricted to small business mentoring
    32  program participants which, prior to the receipt of bids  or  proposals,
    33  have been qualified by the department for such competition;
    34    (iv)  to competitively select, designate and contract with one or more
    35  experienced construction management firms that, under the general super-
    36  vision of the department, will provide mentoring services to  the  small
    37  businesses participating in the small business mentoring program, and to
    38  assign  such mentors one or more designated small businesses participat-
    39  ing in the program;
    40    (v) for small business mentoring  program  contracts,  except  as  set
    41  forth  herein, to waive requirements for the solicitation and award of a
    42  public work contract pursuant to sections twelve  hundred  nine,  twelve
    43  hundred sixty-five-a and twenty-eight hundred seventy-nine of the public
    44  authorities law and any other provision of law;
    45    (vi) to assist only small business mentoring program participants that
    46  have  been  awarded small business mentoring program contracts to obtain
    47  any surety bond or contract of insurance required of them in  connection
    48  with  such  contract  only  notwithstanding any provision of section two
    49  thousand five hundred four of the insurance law to the contrary; and
    50    (vii) for small businesses that have  been  accepted  into  the  small
    51  business  mentoring  program under subparagraph (ii) of paragraph (b) of
    52  subdivision one of this section, in addition to  the  benefits  of  such
    53  program and notwithstanding any other provision of law, to provide tech-
    54  nical  assistance  in obtaining bid, payment and performance bonding for
    55  department public work contracts that are not small  business  mentoring
    56  program contracts, for which the small business is otherwise qualified.

        A. 1487                             9
 
     1    (c)  Under the small business mentoring program, the department shall,
     2  notwithstanding any other provision of law:
     3    (i) require that thirty percent of all New York state funded contracts
     4  over one hundred thousand dollars be awarded to minority and women-owned
     5  businesses;
     6    (ii)  require  that  eighteen  percent of all federal transit adminis-
     7  tration funded contracts be awarded  to  disadvantaged  business  enter-
     8  prises;
     9    (iii)  require that six percent of all New York state funded contracts
    10  be awarded to service disabled veteran-owned businesses;
    11    (iv) provide  a  thirteen-week  class  at  no  cost  for  training  in
    12  construction and business development for small businesses participating
    13  in the program;
    14    (v)  develop  and  implement a small business loan program where firms
    15  are eligible to obtain loans up to nine  hundred  thousand  dollars  per
    16  contract; and
    17    (vi)  develop  and  implement  a  program  for providing free business
    18  plans, legal advice, financial guidance, and  administrative  and  back-
    19  office support for small businesses participating in the program.
    20    3.  Withdrawal  of  designation  of  small  business mentoring program
    21  contracts. (a) If the total number of qualified small business mentoring
    22  program participants that respond to a competition  and  are  considered
    23  capable  of  meeting  the  specifications and terms of the invitation to
    24  compete is less than three, or if the department determines that accept-
    25  ance of the best offer will result in the  payment  of  an  unreasonable
    26  price, the department may reject all offers and withdraw the designation
    27  of the contract as a small business mentoring program contract.
    28    (b)  If  the  department  withdraws the designation of a contract as a
    29  small business mentoring program contract, the firms, if any, that  made
    30  offers  shall be notified. Invitations to compete containing the same or
    31  rewritten specifications and terms shall then be re-issued  as  a  small
    32  business  mentoring program contract for one or more additional contract
    33  periods.
    34    4. Construction manager mentors. A mentor shall provide  services  and
    35  assistance  to  a  small business as designated by the department, which
    36  may include the following: (a) provide business training in  the  skills
    37  necessary  to  operate a successful construction business and to compete
    38  for and perform a public work contract;
    39    (b) provide technical assistance to the small business to  assess  the
    40  outcome  if  the  small  business  competes  for  but  is  not awarded a
    41  contract;
    42    (c) if the small business mentoring program contract is awarded to the
    43  small business, provide guidance, advice and technical assistance to the
    44  small business in the performance of the contract; and
    45    (d) provide other technical assistance to the small business to facil-
    46  itate learning, training and other issues which may arise.
    47    5. Aggregate amount. The small business  mentoring  program  contracts
    48  authorized  by  this  legislation  shall,  for  the  initial year of the
    49  program, be in an aggregate amount of not less than ten million dollars,
    50  and shall not exceed one  hundred  million  dollars,  with  the  maximum
    51  amount in future years to be set by the department.
    52    §  4.  The transportation law is amended by adding a new section 23 to
    53  read as follows:
    54    § 23. Department of transportation small business  mentoring  program.
    55  1.  Definitions.  As  used  in this section, unless the context requires
    56  otherwise:

        A. 1487                            10
 
     1    (a) "small business" means a business in the construction trades which
     2  (i) is independently owned and operated; (ii) has  annual  revenues  not
     3  exceeding  a  fiscal  limitation  of five million dollars or such lesser
     4  amount as established by the department pursuant  to  these  provisions;
     5  and  (iii)  meets  additional  criteria  as otherwise established by the
     6  department. The department shall  establish  a  detailed  definition  in
     7  general  and specific to different segments of the construction industry
     8  to the extent necessary to reflect  differing  characteristics  of  such
     9  segments  based on the criteria used by the United States small business
    10  administration for loans to small businesses as set  forth  in  Sections
    11  121.301  through 121.305, or for awarding government procurements as set
    12  forth in Sections 121.401 through 121.413, of Subpart A of Part  121  of
    13  Chapter I of Title 13 of the Code of Federal Regulations as amended, and
    14  such other criteria as determined by the department;
    15    (b) "small business mentoring program" is a program established by the
    16  department pursuant to this section to provide small businesses accepted
    17  into the program with the opportunity:
    18    (i)  for  up  to  four  years,  to  compete for and, where awarded, to
    19  perform certain department public  work  contracts,  including  but  not
    20  limited  to  contracts for thruway and bridge projects, to be designated
    21  by the department for inclusion in this program under this subparagraph,
    22  with the assistance of a department-provided mentor, which  shall  be  a
    23  firm  competitively  selected  by  the  department  that  has  extensive
    24  construction management and mentoring experience,  with  the  mentor  to
    25  provide  the  small business with advice and assistance in competing for
    26  and managing department public work contracts; and
    27    (ii) for a small business  mentoring  program  participant  which  the
    28  department  has  determined has successfully completed the program under
    29  subparagraph (i) of this paragraph, for up to four additional years, (A)
    30  additional opportunities to compete with other  designated  small  busi-
    31  nesses in the program for certain public work contracts to be designated
    32  for  inclusion  under  this  subparagraph and, where awarded, to perform
    33  such department public work contracts, with the further assistance of  a
    34  department-provided mentor, which shall be a firm competitively selected
    35  by the department that has extensive construction management and mentor-
    36  ing  experience,  with  the  mentor  to  provide the small business with
    37  advice and technical assistance in competing for and managing department
    38  public work contracts, and (B) department-provided assistance, as deter-
    39  mined by the department, for such a small business to obtain bonding for
    40  public  work  contracts  that  are  competitively  awarded  pursuant  to
    41  provisions of law other than this section.
    42    (c)  "small business mentoring program contract" means a non-federally
    43  funded department public work contract designated by the department,  in
    44  an  estimated  amount of not more than one million dollars for contracts
    45  under subparagraph (i) of paragraph (b) of this  subdivision  and  three
    46  million  dollars  for contracts under subparagraph (ii) of paragraph (b)
    47  of this subdivision, for which bids or proposals are to be  invited  and
    48  accepted  only  from  businesses that are enrolled in the small business
    49  mentoring program and have been selected by the  department  to  compete
    50  for the contract.
    51    2. Small business mentoring program. (a) Pursuant to this section, the
    52  department  shall  establish  a  small  business  mentoring  program. In
    53  connection therewith, the department may determine the criteria pursuant
    54  to which a small business shall be eligible for and selected to  partic-
    55  ipate  in  the program under subparagraphs (i) and (ii) of paragraph (b)
    56  of subdivision one of  this  section,  the  number  of  participants  to

        A. 1487                            11
 
     1  participate  in each such component of the program, the criteria for the
     2  competitive selection of the firms that will  provide  small  businesses
     3  with  mentoring services, the assignment of a mentor to a specific small
     4  business  in  the  small business mentoring program, and the funding for
     5  the program.
     6    (b) Under the small business  mentoring  program,  the  department  is
     7  authorized, notwithstanding any other provision of law:
     8    (i)  to  designate which eligible public work contracts shall be small
     9  business mentoring program contracts under subparagraphs (i) and (ii) of
    10  paragraph (b) of subdivision one of this section, respectively;
    11    (ii) to establish standards for qualifying  small  business  mentoring
    12  program  participants  to compete for a small business mentoring program
    13  contract, provided that no less than three qualified small businesses in
    14  the program must submit responsive offers to perform the contract;
    15    (iii) to determine when bids or proposals for a small business mentor-
    16  ing program contract should be restricted to  small  business  mentoring
    17  program  participants  which, prior to the receipt of bids or proposals,
    18  have been qualified by the department for such competition;
    19    (iv) to competitively select, designate and contract with one or  more
    20  experienced construction management firms that, under the general super-
    21  vision  of  the department, will provide mentoring services to the small
    22  businesses participating in the small business mentoring program, and to
    23  assign such mentors one or more designated small businesses  participat-
    24  ing in the program;
    25    (v)  for  small  business  mentoring  program contracts, except as set
    26  forth herein, to waive requirements for the solicitation and award of  a
    27  public  work  contract  pursuant to sections twelve hundred nine, twelve
    28  hundred sixty-five-a and twenty-eight hundred seventy-nine of the public
    29  authorities law and any other provision of law;
    30    (vi) to assist only small business mentoring program participants that
    31  have been awarded small business mentoring program contracts  to  obtain
    32  any  surety bond or contract of insurance required of them in connection
    33  with such contract only notwithstanding any  provision  of  section  two
    34  thousand five hundred four of the insurance law to the contrary; and
    35    (vii)  for  small  businesses  that  have been accepted into the small
    36  business mentoring program under subparagraph (ii) of paragraph  (b)  of
    37  subdivision  one  of  this  section, in addition to the benefits of such
    38  program and notwithstanding any other provision of law, to provide tech-
    39  nical assistance in obtaining bid, payment and performance  bonding  for
    40  department  public  work contracts that are not small business mentoring
    41  program contracts, for which the small business is otherwise qualified.
    42    (c) Under the small business mentoring program, the department  shall,
    43  notwithstanding any other provision of law:
    44    (i) require that thirty percent of all New York state funded contracts
    45  over one hundred thousand dollars be awarded to minority and women-owned
    46  businesses;
    47    (ii)  require  that  eighteen  percent of all federal transit adminis-
    48  tration funded contracts be awarded  to  disadvantaged  business  enter-
    49  prises;
    50    (iii)  require that six percent of all New York state funded contracts
    51  be awarded to service disabled veteran-owned businesses;
    52    (iv) provide  a  thirteen-week  class  at  no  cost  for  training  in
    53  construction and business development for small businesses participating
    54  in the program;

        A. 1487                            12
 
     1    (v)  develop  and  implement a small business loan program where firms
     2  are eligible to obtain loans up to nine  hundred  thousand  dollars  per
     3  contract; and
     4    (vi)  develop  and  implement  a  program  for providing free business
     5  plans, legal advice, financial guidance, and  administrative  and  back-
     6  office support for small businesses participating in the program.
     7    3.  Withdrawal  of  designation  of  small  business mentoring program
     8  contracts. (a) If the total number of qualified small business mentoring
     9  program participants that respond to a competition  and  are  considered
    10  capable  of  meeting  the  specifications and terms of the invitation to
    11  compete is less than three, or if the department determines that accept-
    12  ance of the best offer will result in the  payment  of  an  unreasonable
    13  price, the department may reject all offers and withdraw the designation
    14  of the contract as a small business mentoring program contract.
    15    (b)  If  the  department  withdraws the designation of a contract as a
    16  small business mentoring program contract, the firms, if any, that  made
    17  offers  shall be notified. Invitations to compete containing the same or
    18  rewritten specifications and terms shall then be re-issued  as  a  small
    19  business  mentoring program contract for one or more additional contract
    20  periods.
    21    4. Construction manager mentors. A mentor shall provide  services  and
    22  assistance  to  a  small business as designated by the department, which
    23  may include the following: (a) provide business training in  the  skills
    24  necessary  to  operate a successful construction business and to compete
    25  for and perform a public work contract;
    26    (b) provide technical assistance to the small business to  assess  the
    27  outcome  if  the  small  business  competes  for  but  is  not awarded a
    28  contract;
    29    (c) if the small business mentoring program contract is awarded to the
    30  small business, provide guidance, advice and technical assistance to the
    31  small business in the performance of the contract; and
    32    (d) provide other technical assistance to the small business to facil-
    33  itate learning, training and other issues which may arise.
    34    5. Aggregate amount. The small business  mentoring  program  contracts
    35  authorized  by  this section shall, for the initial year of the program,
    36  be in an aggregate amount of not less  than  ten  million  dollars,  and
    37  shall not exceed one hundred million dollars, with the maximum amount in
    38  future years to be set by the department.
    39    §  5. 1. The empire state development corporation (hereinafter "corpo-
    40  ration") shall  develop,  establish,  and  implement  a  small  business
    41  mentoring  program  to  provide  small businesses with opportunities for
    42  public work contracts and assistance in management.
    43    2. As used in this section, unless the context requires otherwise:
    44    (a) "small business" means a business in the construction trades which
    45  (i) is independently owned and operated; (ii) has  annual  revenues  not
    46  exceeding  a  fiscal  limitation  of five million dollars or such lesser
    47  amount as established by the corporation pursuant to  these  provisions;
    48  and  (iii)  meets  additional  criteria  as otherwise established by the
    49  corporation. The corporation shall establish a  detailed  definition  in
    50  general  and specific to different segments of the construction industry
    51  to the extent necessary to reflect  differing  characteristics  of  such
    52  segments  based on the criteria used by the United States small business
    53  administration for loans to small businesses as set  forth  in  Sections
    54  121.301  through 121.305, or for awarding government procurements as set
    55  forth in Sections 121.401 through 121.413, of Subpart A of Part  121  of

        A. 1487                            13
 
     1  Chapter I of Title 13 of the Code of Federal Regulations as amended, and
     2  such other criteria as determined by the corporation;
     3    (b) "small business mentoring program" is a program established by the
     4  corporation  pursuant  to  this  section  to  provide  small  businesses
     5  accepted into the program with the opportunity:
     6    (i) for up to four years,  to  compete  for  and,  where  awarded,  to
     7  perform  certain  corporation  public work contracts to be designated by
     8  the corporation for inclusion in this program under  this  subparagraph,
     9  with  the  assistance of a corporation-provided mentor, which shall be a
    10  firm competitively  selected  by  the  corporation  that  has  extensive
    11  construction  management  and  mentoring  experience, with the mentor to
    12  provide the small business with advice and assistance in  competing  for
    13  and managing corporation public work contracts; and
    14    (ii)  for  a  small  business  mentoring program participant which the
    15  corporation has determined has successfully completed the program  under
    16  subparagraph (i) of this paragraph, for up to four additional years, (A)
    17  additional  opportunities  to  compete with other designated small busi-
    18  nesses in the program for certain public work contracts to be designated
    19  for inclusion under this subparagraph and,  where  awarded,  to  perform
    20  such corporation public work contracts, with the further assistance of a
    21  corporation-provided   mentor,  which  shall  be  a  firm  competitively
    22  selected by the corporation that has extensive  construction  management
    23  and  mentoring experience, with the mentor to provide the small business
    24  with advice and technical  assistance  in  competing  for  and  managing
    25  corporation  public work contracts, and (B) corporation-provided assist-
    26  ance, as determined by the corporation, for such  a  small  business  to
    27  obtain  bonding for public work contracts that are competitively awarded
    28  pursuant to provisions of law other than this section; and
    29    (c) "small business mentoring program contract" means a  non-federally
    30  funded  corporation  public work contract designated by the corporation,
    31  in an estimated  amount  of  not  more  than  one  million  dollars  for
    32  contracts  under  subparagraph  (i) of paragraph (b) of this subdivision
    33  and three million dollars for contracts under subparagraph (ii) of para-
    34  graph (b) of this subdivision, for which bids or  proposals  are  to  be
    35  invited and accepted only from businesses that are enrolled in the small
    36  business  mentoring program and have been selected by the corporation to
    37  compete for the contract.
    38    3. Small business mentoring program. (a) In connection with the estab-
    39  lishment of the program pursuant to subdivision one  of  this  act,  the
    40  corporation  may  determine the criteria pursuant to which a small busi-
    41  ness shall be eligible for and selected to participate  in  the  program
    42  under  subparagraphs (i) and (ii) of paragraph (b) of subdivision two of
    43  this section, the number of participants to  participate  in  each  such
    44  component  of the program, the criteria for the competitive selection of
    45  the firms that will provide small businesses  with  mentoring  services,
    46  the  assignment  of  a  mentor to a specific small business in the small
    47  business mentoring program, and the funding for the program.
    48    (b) Under the small business mentoring  program,  the  corporation  is
    49  authorized, notwithstanding any other provision of law:
    50    (i)  to  designate which eligible public work contracts shall be small
    51  business mentoring program contracts under subparagraphs (i) and (ii) of
    52  paragraph (b) of subdivision two of this section, respectively;
    53    (ii) to establish standards for qualifying  small  business  mentoring
    54  program  participants  to compete for a small business mentoring program
    55  contract, provided that no less than three qualified small businesses in
    56  the program must submit responsive offers to perform the contract;

        A. 1487                            14
 
     1    (iii) to determine when bids or proposals for a small business mentor-
     2  ing program contract should be restricted to  small  business  mentoring
     3  program  participants  which, prior to the receipt of bids or proposals,
     4  have been qualified by the corporation for such competition;
     5    (iv)  to competitively select, designate and contract with one or more
     6  experienced construction management firms that, under the general super-
     7  vision of the corporation, will provide mentoring services to the  small
     8  businesses participating in the small business mentoring program, and to
     9  assign  such mentors one or more designated small businesses participat-
    10  ing in the program;
    11    (v) for small business mentoring  program  contracts,  except  as  set
    12  forth  herein, to waive requirements for the solicitation and award of a
    13  public work contract pursuant to sections twelve  hundred  nine,  twelve
    14  hundred sixty-five-a and twenty-eight hundred seventy-nine of the public
    15  authorities law and any other provision of law;
    16    (vi) to assist only small business mentoring program participants that
    17  have  been  awarded small business mentoring program contracts to obtain
    18  any surety bond or contract of insurance required of them in  connection
    19  with  such  contract  only  notwithstanding any provision of section two
    20  thousand five hundred four of the insurance law to the contrary; and
    21    (vii) for small businesses that have  been  accepted  into  the  small
    22  business  mentoring  program under subparagraph (ii) of paragraph (b) of
    23  subdivision two of this section, in addition to  the  benefits  of  such
    24  program and notwithstanding any other provision of law, to provide tech-
    25  nical  assistance  in obtaining bid, payment and performance bonding for
    26  corporation public work contracts that are not small business  mentoring
    27  program contracts, for which the small business is otherwise qualified.
    28    (c) Under the small business mentoring program, the corporation shall,
    29  notwithstanding any other provision of law:
    30    (i) require that thirty percent of all New York state funded contracts
    31  over one hundred thousand dollars be awarded to minority and women-owned
    32  businesses;
    33    (ii)  require  that  eighteen  percent of all federal transit adminis-
    34  tration funded contracts be awarded  to  disadvantaged  business  enter-
    35  prises;
    36    (iii)  require that six percent of all New York state funded contracts
    37  be awarded to service disabled veteran-owned businesses;
    38    (iv) provide  a  thirteen-week  class  at  no  cost  for  training  in
    39  construction and business development for small businesses participating
    40  in the program;
    41    (v)  develop  and  implement a small business loan program where firms
    42  are eligible to obtain loans up to nine  hundred  thousand  dollars  per
    43  contract; and
    44    (vi)  develop  and  implement  a  program  for providing free business
    45  plans, legal advice, financial guidance, and  administrative  and  back-
    46  office support for small businesses participating in the program.
    47    4.  Withdrawal  of  designation  of  small  business mentoring program
    48  contracts. (a) If the total number of qualified small business mentoring
    49  program participants that respond to a competition  and  are  considered
    50  capable  of  meeting  the  specifications and terms of the invitation to
    51  compete is less than  three,  or  if  the  corporation  determines  that
    52  acceptance  of the best offer will result in the payment of an unreason-
    53  able price, the corporation may  reject  all  offers  and  withdraw  the
    54  designation  of  the  contract  as  a  small  business mentoring program
    55  contract.

        A. 1487                            15
 
     1    (b) If the corporation withdraws the designation of a  contract  as  a
     2  small  business mentoring program contract, the firms, if any, that made
     3  offers shall be notified. Invitations to compete containing the same  or
     4  rewritten  specifications  and  terms shall then be re-issued as a small
     5  business  mentoring program contract for one or more additional contract
     6  periods.
     7    5. Construction manager mentors. A mentor shall provide  services  and
     8  assistance  to  a small business as designated by the corporation, which
     9  may include the following: (a) provide business training in  the  skills
    10  necessary  to  operate a successful construction business and to compete
    11  for and perform a public work contract;
    12    (b) provide technical assistance to the small business to  assess  the
    13  outcome  if  the  small  business  competes  for  but  is  not awarded a
    14  contract;
    15    (c) if the small business mentoring program contract is awarded to the
    16  small business, provide guidance, advice and technical assistance to the
    17  small business in the performance of the contract; and
    18    (d) provide other technical assistance to the small business to facil-
    19  itate learning, training and other issues which may arise.
    20    6. Aggregate amount. The small business  mentoring  program  contracts
    21  authorized  by  this section shall, for the initial year of the program,
    22  be in an aggregate amount of not less  than  ten  million  dollars,  and
    23  shall not exceed one hundred million dollars, with the maximum amount in
    24  future years to be set by the corporation.
    25    §  6.  This  act shall take effect on the thirtieth day after it shall
    26  have become a law and shall expire December 31, 2023 when upon such date
    27  the provisions of this act shall be deemed repealed; provided that  such
    28  expiration  shall not apply to pending and awarded public work contracts
    29  and provided further that effective immediately, the addition, amendment
    30  and/or repeal of any rule or regulation necessary for the implementation
    31  of this act on  its  effective  date  are  authorized  to  be  made  and
    32  completed on or before such effective date.
Go to top