Requires agencies to post contractor utilization plans on the agency website.
BILL NUMBER: S1787
TITLE OF BILL : An act to amend the executive law, in relation to contractor utilization plans
PURPOSE : To require contracting agencies to post minority and women-owned business utilization plans on agency websites.
SUMMARY OF PROVISIONS : Amends section 313 of the Executive law to require posting of contractor utilization plans.
JUSTIFICATION : Utilization plans listing the certified minority and women-owned subcontractors that the prime contractor will use to fill minority and women-owned business enterprise goals are required by Article 15-A for construction contracts over $100,000. At recent Assembly hearings in Buffalo, Utica and NYC, minority and women contractors testified that often they are contacted by contractors and told that they will, be listed as subcontractors for a certain amount, but the actual job--and payment--either does not materialize, or is much smaller than promised. Prime contractors list them to fulfill agency goal requirements on paper, but do not follow through. Posting the utilization plans, along with waivers granted to contractors from meeting agency goals, on agency websites would enable subcontractors to verify that good faith efforts were made to achieve MWBE participation, and to identify and notify agency construction managers about discrepancies between planned and actual utilization, thus assisting the agency compliance review process.
LEGISLATIVE HISTORY : 2005-2006: A.9067; Passed Assembly 145-0, referred to Senate Standing Committee on Investigations and Government Operations. 2007-2007: S.5197 - Died in Senate Finance
FISCAL IMPLICATIONS : None of consequence noted.
EFFECTIVE DATE : Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1787 2009-2010 Regular Sessions IN SENATE February 6, 2009 ___________Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to contractor utilization plans THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 4 of section 313 of the execu- tive law, as added by chapter 261 of the laws of 1988, is amended to read as follows: (a) Contracting agencies shall administer the rules and regulations promulgated by the director to ensure compliance with the provisions of this section. Such rules and regulations: shall require a contractor to submit a utilization plan after bids are opened, when bids are required, but prior to the award of a state contract; shall require the contract- ing agency to review the utilization plan submitted by the contractor AND TO POST THE UTILIZATION PLAN AND ANY WAIVERS OF COMPLIANCE ISSUED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION ON THE WEBSITE OF THE CONTRACTING AGENCY within a reasonable period of time as established by the director; shall require the contracting agency to notify the contractor in writing within a period of time specified by the director as to any deficiencies contained in the contractor's utilization plan; shall require remedy thereof within a period of time specified by the director;
[may]SHALL require the contractor to submit periodic compli- ance reports relating to the operation and implementation of any utili- zation plan; shall allow a contractor to apply for a partial or total waiver of the minority and women-owned business enterprise participation requirements pursuant to subdivisions five and six of this section; shall allow a contractor to file a complaint with the director pursuant to subdivision seven of this section in the event a contracting agency has failed or refused to issue a waiver of the minority and women-owned business enterprise participation requirements or has denied suchEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04441-01-9 S. 1787 2
request for a waiver; and shall allow a contracting agency to file a complaint with the director pursuant to subdivision eight of this section in the event a contractor is failing or has failed to comply with the minority and women-owned business enterprise participation requirements set forth in the state contract where no waiver has been granted. S 2. This act shall take effect immediately; provided, however, that the amendments to paragraph (a) of subdivision 4 of section 313 of the executive law made by section one of this act shall not affect the expi- ration of such paragraph and shall be deemed to expire therewith.