2023 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.