N.Y. State Fin. Law § 139-G

Current through 2024 NY Law Chapter 553

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

In every state agency, department and authority which has let more than two million dollars in service and construction contracts in the prior fiscal year, the chief executive officer of that agency, department or authority shall, with respect to those contracts let by his agency, department or authority:

(a) undertake biannual studies submitted to the legislature, governor, department of economic development, and office of general services, to determine:

(i) whether current state policies and practices with respect to the procurement of services and construction for that agency, department or authority, including specifications and requirements for bid bonds, preclude small-business and certified women and minority-owned business concerns from the bidding process; and

(ii) the advisability of a revision of state policies with respect to the procurement of services and construction for that agency, department or authority to include alternatives such as breaking large contracts into smaller contracts. Twelve months from the effective date of this section, or twelve months from the close of the first fiscal year after the effective date of this section in which that agency, department or authority has let more than two million dollars in service and construction contracts, as the case may be, the chief executive officer of that agency, department or authority shall submit recommendations to the governor and the legislature with respect to the need for legislation based on the findings of the study conducted pursuant to this subdivision.

(b) identify all small-business and certified women and minority-owned business concerns which, in the judgment of the chief executive officer of that agency, department or authority, can bid on those contracts which are usually and customarily let by that agency, department or authority with a reasonable expectation of success. Such chief executive officers shall carry out the provisions of this subdivision:

(i) in consultation with the department of commerce of the United States and all agencies and departments of the United States which, in the judgment of the chief executive officer of that agency, department or authority contract for services and construction similar in nature to the services and construction contracted for by that agency, department or authority; and

(ii) with the cooperation of:

(1) the office of general services of the state;

(2) the department of economic development;

(3) all agencies, departments and authorities of the state which, in the judgment of the chief executive officer of the surveying agency, department or authority contract for services and construction similar in nature to the services and construction contracted for by the surveying agency, department or authority; and

(4) all agencies, departments, or authorities of all political subdivisions of the state which, in the judgment of the chief executive officer of the surveying agency, department or authority contract for services and construction similar in nature to the services and construction contracted for by the surveying agency, department or authority; and

(iii) by utilizing a study of those agency, department or authority contracts successfully bid upon by small-business and certified women and minority-owned business concerns at the time the survey is taken; and

(iv) by utilizing all other resources available to the chief executive officer of that agency, department or authority.

Twelve months from the effective date of this section, or twelve months from the close of the first fiscal year after the effective date of this section in which that agency, department or authority has let more than two million dollars in service and construction contracts, as the case may be, the chief executive officer of that agency, department or authority shall submit a report to the governor and the legislature setting forth in detail the efforts which that agency, department or authority has made to identify New York small-business and certified women and minority-owned business concerns which can bid on those contracts which are usually and customarily let for bid by that agency, department or authority with a reasonable expectation of success, which report shall set forth the number of small-business concerns and certified women and minority-owned business which were identified pursuant to subdivision (c) of this section on contracts usually and customarily let by that agency, department or authority in the last fiscal year.

(c) maintain a list of small-business and certified women and minority-owned business concerns identified pursuant to subdivision (b) of this section, which shall be known as the service directory of small-businesses and certified women and minority-owned businesses and which shall be revised at least annually. Except as otherwise provided in this paragraph, at least annually the chief executive officer of that agency, department or authority shall mail notice to those businesses listed in such directory explaining the opportunities for small-businesses and certified women and minority-owned businesses to sell services and provide construction services to that agency, department or authority and describing procedures necessary for competing for contracts from such agency, department or authority. Such notice shall solicit such businesses to request to be given notice, in the same manner in which other businesses which receive such notice are given notice, of opportunities to bid on contracts let by that agency, department or authority. When such request is received by the chief executive officer of that agency, department or authority, the chief executive officer of that agency, department or authority shall cause such business to receive notice of opportunities to bid on contracts let by that agency, department or authority in the same manner as other businesses which receive such notice are given such notice. Notwithstanding any other provision of law, no business need be given the annual notice explaining opportunities for small-businesses and certified women and minority-owned businesses to sell services and provide construction services to that agency, department or authority if it is receiving regular notices of opportunities to bid on contracts let by that agency, department or authority.

(d) label those invoices of small-business and certified women and minority-owned business concerns which that agency, department or authority processes so as to promote the expeditious payment for services and construction provided by such businesses on a priority basis.

N.Y. State Fin. Law § 139-G