Authorizes the empire state development corporation to retain one or more independent MWBE consultant firms to conduct an independent review of procurement procedures utilized by state agencies.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3523
SPONSOR: Bichotte Hermelyn TITLE OF BILL:
An act to amend the executive law, in relation to authorizing the empire
state development corporation to retain one or more independent MWBE
consultant firms to conduct an independent review of procurement proce-
dures utilized by state agencies
PURPOSE OR GENERAL IDEA OF BILL:
This bill requires the empire state development corporation to establish
an independent consulting firm that would promulgate rules and regu-
lations for state agencies and provide for outreach during the state
procurement process
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 311-a of the executive law to require empire
state development to retain an independent minority and women-owned
consultant firm to conduct independent review or procurement procedures
utilized by state agencies, the level of training of the staff involved
in such process and outreach measures to ensure the firm remains an
advocate with a report done on a quarterly basis.
Section 2 is the enacting clause.
JUSTIFICATION:
This bill allows for the state agencies to become more knowledgeable on
issues related to achieving the goals set forth by Article 15a, the
minority and women-owned business enterprise (MWBE) program, through a
review of minority and women-owned business procurement practices by
state agencies.
While there are a series of goals set forth by state and local programs,
some agencies and their respective staff may be unaware of MWBE procure-
ment goals, procurement discretionary thresholds and standard way of
doing business with small businesses and MWBEs. In the recent past,
MWBEs and small businesses have been promised payment for rendered
services to the agencies and have not been paid. Usually, a standard
process or contractual agreement including invoicing was not properly in
place by the agencies leaving many small businesses stranded with sunk
cost, no payment or not the correct payment owed to them based on
contractual agreement.
Providing for further understanding through a consultant firm will help
the state in the procurement process and provide for a diverse, and
healthy business environment across New York state that will not hurt
MBE and small business procurement practices but further advance them
for growth.
PRIOR LEGISLATIVE HISTORY:
2021-22: A05572, referred to government operations
2017-18: A9934; Referred to government operations
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
3523
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to authorizing the empire
state development corporation to retain one or more independent MWBE
consultant firms to conduct an independent review of procurement
procedures utilized by state agencies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 311-a of the executive law is amended by adding a
2 new subdivision 6 to read as follows:
3 6. The empire state development corporation, acting through the state-
4 wide advocate, shall retain one or more independent MWBE consultant
5 firms to conduct an independent review of procurement procedures
6 utilized by state agencies, the level and training of staff involved in
7 the procurement process and the outreach measures used by such staff to
8 work with minority-owned and women-owned businesses during the procure-
9 ment process. The WMBE contractor shall report its findings and recom-
10 mendations for improvements to the statewide advocate on a quarterly
11 basis.
12 § 2. This act shall take effect on the ninetieth day after it shall
13 have become a law; provided, however, that the amendments to section
14 311-a of the executive law made by section one of this act shall not
15 affect the repeal of article 15-A of the executive law and shall be
16 deemed to repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07282-01-3
