New York State Finance Code § 139-G

Obligations to make contracts available to small and certified women and minority-owned business concerns
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§ 139-g. Obligations to make contracts available to small and\ncertified women and minority-owned business concerns. In every state\nagency, department and authority which has let more than two million\ndollars in service and construction contracts in the prior fiscal year,\nthe chief executive officer of that agency, department or authority\nshall, with respect to those contracts let by his agency, department or\nauthority:\n  (a) undertake biannual studies submitted to the legislature, governor,\ndepartment of economic development, and office of general services, to\ndetermine:\n  (i) whether current state policies and practices with respect to the\nprocurement of services and construction for that agency, department or\nauthority, including specifications and requirements for bid bonds,\npreclude small-business and certified women and minority-owned business\nconcerns from the bidding process; and\n  (ii) the advisability of a revision of state policies with respect to\nthe procurement of services and construction for that agency, department\nor authority to include alternatives such as breaking large contracts\ninto smaller contracts. Twelve months from the effective date of this\nsection, or twelve months from the close of the first fiscal year after\nthe effective date of this section in which that agency, department or\nauthority has let more than two million dollars in service and\nconstruction contracts, as the case may be, the chief executive officer\nof that agency, department or authority shall submit recommendations to\nthe governor and the legislature with respect to the need for\nlegislation based on the findings of the study conducted pursuant to\nthis subdivision.\n  (b) identify all small-business and certified women and minority-owned\nbusiness concerns which, in the judgment of the chief executive officer\nof that agency, department or authority, can bid on those contracts\nwhich are usually and customarily let by that agency, department or\nauthority with a reasonable expectation of success. Such chief executive\nofficers shall carry out the provisions of this subdivision:\n  (i) in consultation with the department of commerce of the United\nStates and all agencies and departments of the United States which, in\nthe judgment of the chief executive officer of that agency, department\nor authority contract for services and construction similar in nature to\nthe services and construction contracted for by that agency, department\nor authority; and\n  (ii) with the cooperation of:\n  (1) the office of general services of the state;\n  (2) the department of economic development;\n  (3) all agencies, departments and authorities of the state which, in\nthe judgment of the chief executive officer of the surveying agency,\ndepartment or authority contract for services and construction similar\nin nature to the services and construction contracted for by the\nsurveying agency, department or authority; and\n  (4) all agencies, departments, or authorities of all political\nsubdivisions of the state which, in the judgment of the chief executive\nofficer of the surveying agency, department or authority contract for\nservices and construction similar in nature to the services and\nconstruction contracted for by the surveying agency, department or\nauthority; and\n  (iii) by utilizing a study of those agency, department or authority\ncontracts successfully bid upon by small-business and certified women\nand minority-owned business concerns at the time the survey is taken;\nand\n  (iv) by utilizing all other resources available to the chief executive\nofficer of that agency, department or authority.\n  Twelve months from the effective date of this section, or twelve\nmonths from the close of the first fiscal year after the effective date\nof this section in which that agency, department or authority has let\nmore than two million dollars in service and construction contracts, as\nthe case may be, the chief executive office

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