N.Y. State Finance Law § 139-g: Obligations to make contracts available to small and certified women and minority-owned business concerns

§ 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.