N.Y. Public Authorities Law § 1696*2: Designation of small business set-asides at the Bronx community college and York college

* § 1696. Designation of small business set-asides at the Bronx

community college and York college. The chairman has authority to

designate as small business set-asides specified commodities, equipment

or services or contracts for construction, reconstruction,

rehabilitation or improvement of college facilities for which purchase

or work contract have been requested by the board of trustees of the

Bronx community college and York college under the provisions of this

title. The designation shall be made prior to the advertisement for bids

as provided by law, and when the advertisement is published it shall

indicate the purchases which have been designated small business

set-asides. To effectuate the purposes of this title, the chairman may

exercise this authority whenever there is a reasonable expectation that

bids will be obtained from at least three small businesses capable of

furnishing the desired property or service at a fair and reasonable

price.

In the case of purchases or work contracts designated as small

business set-asides, invitations to bid shall be confined to small

businesses and bids from other businesses shall be rejected. The

purchase, contract or expenditure of funds shall be awarded to the

lowest responsible bidder among the small businesses (considering

conformity with specifications and terms) in accordance with the rules

and regulations for purchasing published by the authority.

It is hereby declared that a portion of small business set-asides,

shall be set aside in turn as exclusively as possible, to small

businesses owned or controlled by minority entrepreneurs as previously

defined, and that such aforementioned businesses, shall constitute not

less than twenty-five percent of the successful bidders under this

title. Other contracts and business that in the opinion of the chairman

can be judged to be substantially beneficial to socially or economically

disadvantaged individuals may also be excluded from the general

provisions and procedures applicable to the larger set-aside contracts.

Minority business concerns eligible hereunder shall be excluded from

stipulated limitations of sales volume, number of employees and other

factors defined in this title.

Offers must be advertised in the locality where a contract is to be

effectuated. In locations where twenty-five percent or more of the

population is non-English-speaking, notices shall be published in

appropriate translated form. The procurement officer shall cooperate

with county-wide business development organizations servicing minority

communities in the formulation and maintenance of lists of qualified

contractors, and shall notify such contractors of opportunities to

submit bids for set-aside contracts. Minority bidders will be notified

of reasons why their bids were unsuccessful. That each minority small

business concern which bids is notified of reasons for failure to secure

a successful bid, and that where responsibility as defined by the

procurement officer or officers, agent or agents is a factor, such

responsibility will be defined, and such reasons for determination of

lack of responsibility will be provided the minority small business

bidders.

Bonding requirements shall be negotiable for minority bidders.

* NB There are 2 § 1696's