BILL NUMBER: S5127
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the executive law, in relation to requiring agencies to
provide unsuccessful bidders that are certified minority and women-owned
business enterprises with a written statement articulating the reasons
for such rejection
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to provide MWBEs which have had bids
rejected with the knowledge they need to secure state contracts in the
future:
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 requires the Director of the Division of Minority and Women's
Business Development to promulgate rules regulations requiring all
contracting agencies to promptly provide written notice to unsuccessful
bidders that are MWBEs notifying them that they were not selected and
the reasons why, and to disclose the identity of the successful bidder,
offer guidance for improving future proposals, and advise such MWBE of
services and debriefings available to help them with future proposals.
Section 2 establishes the effective date of this act.
 
JUSTIFICATION:
As we continue to strive towards achieving the 30%. MWBE goal as
outlined by Governor Cuomo, we recognize that there will be times when
an MWBE is denied the opportunity to secure a state contract. However,
we should still find ways to provide education to said MWBEs on why they
were not selected so that these capable businesses can take steps to
improve their chances for the future. With that goal in mind, these
explanations should not only clarify the reasons why an MWBE was
rejected, but should also provide recommendations on how to improve so
future consideration is possible as well as likely. Too often, MWBEs are
being turned down from an opportunity but not being given information
and explanation as to why and how to get better as a business so that
they may better serve our fellow New Yorkers.
 
PRIOR LEGISLATIVE HISTORY:
2024: S8497- procurement and contracts
2023: vetoed
2022: S3736 2015/16 A.6903 Referred to Governmental Operations/S.5282
Referred to finance
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become a
law; provided however, that the amendments to article 15-A of the execu-
tive law made by section one of this act shall not affect the expiration
of such article and shall be deemed to expire therewith; provided,
further, that the director of the division of minority and women's busi-
ness development shall be authorized to commence the rule-making process
required pursuant to section one of this act prior to the effective date
of this act.

Statutes affected:
S5127: 315 executive law