S 5127: Relates to requiring agencies to provide unsuccessful bidders that are certified minority- and women-owned business enterprises with a written statement of the completion of the procurement selection process and that such enterprise was not selected.

  
  STATE OF NEW YORK ________________________________________________________________________ 5127 2025-2026 Regular Sessions  IN SENATE February 19, 2025 ___________ Introduced by Sens. COMRIE, FERNANDEZ, PARKER, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Procurement and Contracts AN ACT to amend the executive law, in relation to requiring agencies to provide unsuccessful bidders that are certified minority and women- owned business enterprises with a written statement articulating the reasons for such rejection The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 315 of the executive law is amended by adding a new 2 subdivision 2-b to read as follows: 3 2-b. The director shall promulgate rules and regulations to require 4 all contracting agencies to promptly provide written notice to all 5 unsuccessful bidders that are certified minority-owned or women-owned 6 business enterprises advising such enterprises of the completion of a 7 procurement selection process and that such enterprise was not selected. 8 Such notice shall also (a) disclose the identity of the successful 9 bidder or bidders; (b) advise such enterprise, to the extent practica- 10 ble, of the reasons for not being selected; (c) include, to the extent 11 practicable, guidance concerning methods of improving future proposals 12 or bids by such enterprise; (d) advise such enterprise, if applicable, 13 of the opportunity to request a debriefing pursuant to section one 14 hundred sixty-three of the state finance law; and (e) inform such enter- 15 prise of the services available through the division of minority and 16 women's business development and the office of the minority and women- 17 owned business enterprise statewide advocate. 18 § 2. This act shall take effect on the ninetieth day after it shall 19 have become a law; provided however, that the amendments to article 15-A 20 of the executive law made by section one of this act shall not affect 21 the expiration of such article and shall be deemed to expire therewith; 22 provided, further, that the director of the division of minority and 23 women's business development shall be authorized to commence the rule- 24 making process required pursuant to section one of this act prior to the 25 effective date of this act. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06070-01-5