BILL NUMBER: S2439
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the executive law and the state finance law, in relation
to encouraging the participation of minority and women-owned business
enterprises in state contracts
 
PURPOSE OR GENERAL IDEA OF BILL:
To encourage the participation of Minority and Women-Owned Business
Enterprises in state contracts by making it more feasible for MWBE's to
secure contracts.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 313 f of the executive law by requiring that
each state contract avoids unnecessary and unjustified building of
contract requirements that precludes Minority and Women-Owned Business
Enterprises' Participation in procurements as prime contractors.
Section 2 amends section 139-g of the state finance law by requiring
each state contract avoids unnecessary and unjustified bundling of
contract requirements that precludes small and certified women and
minority-owned business' participation in procurement as prime contrac-
tors.
Section 3 (a) amends section 313 of the executive law to require a
contracting agency to refer to the Disparity Study when administering
MWBE related regulations. (b) creates a program allowing agencies to
evaluate contracts as to identify ways which certified businesses may
best bid to facilitate the award of a fair share of state contracts to
such businesses (c) requires agencies to consider the severability of
contracts where it applies, and to comply with the regulations of any
MWBE related federal law.
Section 4 establishes the effective date of this act
 
JUSTIFICATION:
In order to afford MWBE's greater opportunity in competing for contracts
and funding, we must find ways to unbundle contracts. In a letter in
2002, the Office of Federal Procurement said, "Although contract bundl-
ing can serve a useful purpose, the effect of this increase in contract
bundling over the past ten years cannot be underestimated. Not only are
substantially fewer small business receiving federal contracts, but the
federal government is suffering from a reduced supplier base". A similar
impact is felt on the state and city level, and it should be avoided
whenever possible. While understanding that contracts are often bundled
as a means of cost-saving, we have to find ways to identify more capable
companies who are able to do the work to improve the lives of New York-
ers. Doing so will increase the likelihood of more certification. MWBEs
having an opportunity for state procurement and funding.
 
PRIOR LEGISLATIVE HISTORY:
2024: S1548 Comrie/ A3852 Jackson
2022: S3943
2015-16 A.6906 Reported and referred to Ways and Means
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S2439: 313 executive law, 313(2-a) executive law, 139-g state finance law, 313(4) executive law