NY State Fin L § 139-G (2021)
2021 New York Laws STF - State Finance Article 9 - Contracts 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.