§ 139-G — Obligations to make contracts available to small and certified women and minority-owned business concerns

New York § 139-G

• Jurisdiction: New York
• Law STF: State Finance
• Art. 9: Contracts

Text

§ 139-g. Obligations to make contracts available to small and\ncertified women and minority-owned business concerns. In every state\nagency, department and authority which has let more than two million\ndollars in service and construction contracts in the prior fiscal year,\nthe chief executive officer of that agency, department or authority\nshall, with respect to those contracts let by his agency, department or\nauthority:\n (a) undertake biannual studies submitted to the legislature, governor,\ndepartment of economic development, and office of general services, to\ndetermine:\n (i) whether current state policies and practices with respect to the\nprocurement of services and construction for that agency, department or\nauthority, including specifications and requirements for bid bonds,\npreclude small-business and certified women and minority-owned business\nconcerns from the bidding process; and\n (ii) the advisability of a revision of state policies with respect to\nthe procurement of services and construction for that agency, department\nor authority to include alternatives such as breaking large contracts\ninto smaller contracts. Twelve months from the effective date of this\nsection, or twelve months from the close of the first fiscal year after\nthe effective date of this section in which that agency, department or\nauthority has let more than two million dollars in service and\nconstruction contracts, as the case may be, the chief executive officer\nof that agency, department or authority shall submit recommendations to\nthe governor and the legislature with respect to the need for\nlegislation based on the findings of the study conducted pursuant to\nthis subdivision.\n (b) identify all small-business and certified women and minority-owned\nbusiness concerns which, in the judgment of the chief executive officer\nof that agency, department or authority, can bid on those contracts\nwhich are usually and customarily let by that agency, department or\nauthority with a reasonable expectation of success. Such chief executive\nofficers shall carry out the provisions of this subdivision:\n (i) in consultation with the department of commerce of the United\nStates and all agencies and departments of the United States which, in\nthe judgment of the chief executive officer of that agency, department\nor authority contract for services and construction similar in nature to\nthe services and construction contracted for by that agency, department\nor authority; and\n (ii) with the cooperation of:\n (1) the office of general services of the state;\n (2) the department of economic development;\n (3) all agencies, departments and authorities of the state which, in\nthe judgment of the chief executive officer of the surveying agency,\ndepartment or authority contract for services and construction similar\nin nature to the services and construction contracted for by the\nsurveying agency, department or authority; and\n (4) all agencies, departments, or authorities of all political\nsubdivisions of the state which, in the judgment of the chief executive\nofficer of the surveying agency, department or authority contract for\nservices and construction similar in nature to the services and\nconstruction contracted for by the surveying agency, department or\nauthority; and\n (iii) by utilizing a study of those agency, department or authority\ncontracts successfully bid upon by small-business and certified women\nand minority-owned business concerns at the time the survey is taken;\nand\n (iv) by utilizing all other resources available to the chief executive\nofficer of that agency, department or authority.\n Twelve months from the effective date of this section, or twelve\nmonths from the close of the first fiscal year after the effective date\nof this section in which that agency, department or authority has let\nmore than two million dollars in service and construction contracts, as\nthe case may be, the chief executive officer of that agency, department\nor authority shall submit a report to the governor and the legislature\nsetting forth in detail the efforts which that agency, department or\nauthority has made to identify New York small-business and certified\nwomen and minority-owned business concerns which can bid on those\ncontracts which are usually and customarily let for bid by that agency,\ndepartment or authority with a reasonable expectation of success, which\nreport shall set forth the number of small-business concerns and\ncertified women and minority-owned business which were identified\npursuant to subdivision (c) of this section on contracts usually and\ncustomarily let by that agency, department or authority in the last\nfiscal year.\n (c) maintain a list of small-business and certified women and\nminority-owned business concerns identified pursuant to subdivision (b)\nof this section, which shall be known as the service directory of\nsmall-businesses and certified women and minority-owned businesses and\nwhich shall be revised at least annually. Except as otherwise provided\nin this paragraph, at least annually the chief executive officer of that\nagency, department or authority shall mail notice to those businesses\nlisted in such directory explaining the opportunities for\nsmall-businesses and certified women and minority-owned businesses to\nsell services and provide construction services to that agency,\ndepartment or authority and describing procedures necessary for\ncompeting for contracts from such agency, department or authority. Such\nnotice shall solicit such businesses to request to be given notice, in\nthe same manner in which other businesses which receive such notice are\ngiven notice, of opportunities to bid on contracts let by that agency,\ndepartment or authority. When such request is received by the chief\nexecutive officer of that agency, department or authority, the chief\nexecutive officer of that agency, department or authority shall cause\nsuch business to receive notice of opportunities to bid on contracts let\nby that agency, department or authority in the same manner as other\nbusinesses which receive such notice are given such notice.\nNotwithstanding any other provision of law, no business need be given\nthe annual notice explaining opportunities for small-businesses and\ncertified women and minority-owned businesses to sell services and\nprovide construction services to that agency, department or authority if\nit is receiving regular notices of opportunities to bid on contracts let\nby that agency, department or authority.\n (d) label those invoices of small-business and certified women and\nminority-owned business concerns which that agency, department or\nauthority processes so as to promote the expeditious payment for\nservices and construction provided by such businesses on a priority\nbasis.\n