New York Laws
Article 9 - Contracts
139-G - Obligations to Make Contracts Available to Small and Certified Women and Minority-Owned Business Concerns.

(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.

Structure New York Laws