New York 2025-2026 Regular Session

New York Assembly Bill A03518

Introduced
1/28/25  
Refer
1/28/25  

Caption

Requires contracting agencies to contact minority and women-owned business enterprises when such enterprise is listed on a utilization plan and when a contract is awarded; mandates that the prime contractor use such enterprise identified on the utilization plan, unless such enterprise cannot perform or is no longer state certified.

Summary

Bill A03518 amends the executive law to enhance the participation of minority and women-owned business enterprises (MWBEs) in state contracting. It requires contracting agencies to notify MWBEs listed on a utilization plan when a contract is awarded and mandates that prime contractors utilize these businesses unless they are unable to perform or are no longer certified. The bill also establishes timelines for notifying contractors of deficiencies in their utilization plans and requires prompt payment to MWBEs for work performed under contracts.

Impact

The bill aims to strengthen the enforcement of MWBE participation in public contracts, ensuring that contracting agencies actively engage with these enterprises. It modifies existing regulations to require that prime contractors adhere to their submitted utilization plans and imposes penalties for non-compliance, which could lead to increased opportunities for MWBEs in state contracts and potentially improve economic equity.

Sentiment

The sentiment around Bill A03518 appears to be supportive among advocates for minority and women-owned businesses, as it seeks to address barriers to their participation in state contracts. However, there may be concerns from some contractors regarding the additional administrative burdens and compliance requirements imposed by the bill.

Contention

Notable points of contention include the potential pushback from contractors who may feel that the requirements are too stringent or could limit their flexibility in choosing subcontractors. Additionally, there may be debates over the adequacy of the proposed timelines for compliance and notification, as well as the implications for contract awards if compliance is not met.

Companion Bills

NY S04155

Same As Requires contracting agencies to contact minority and women-owned business enterprises when such enterprise is listed on a utilization plan and when a contract is awarded; mandates that the prime contractor use such enterprise identified on the utilization plan, unless such enterprise cannot perform or is no longer state certified.

Previously Filed As

NY S01757

Requires contracting agencies to contact minority and women-owned business enterprises when such enterprise is listed on a utilization plan and when a contract is awarded; mandates that the prime contractor use such enterprise identified on the utilization plan, unless such enterprise cannot perform or is no longer state certified.

NY A01266

Requires contracting agencies to contact minority and women-owned business enterprises when such enterprise is listed on a utilization plan and when a contract is awarded; mandates that the prime contractor use such enterprise identified on the utilization plan, unless such enterprise cannot perform or is no longer state certified.

NY S04155

Requires contracting agencies to contact minority and women-owned business enterprises when such enterprise is listed on a utilization plan and when a contract is awarded; mandates that the prime contractor use such enterprise identified on the utilization plan, unless such enterprise cannot perform or is no longer state certified.

NY HR190

House Study Committee on Minority Business Enterprises, Women Owned Businesses, and Veteran Owned Businesses in State Contracting; create

NY S08815

Relates to requiring that the annual report from the division of minority and women's business development contain information on the annual minority and women-owned business enterprise utilization and expenditure categorized by minority-owned enterprises, women-owned enterprises, and total utilization and expenditure, and be organized by certain industry categories.

NY A09455

Relates to requiring that the annual report from the division of minority and women's business development contain information on the annual minority and women-owned business enterprise utilization and expenditure categorized by minority-owned enterprises, women-owned enterprises, and total utilization and expenditure, and be organized by certain industry categories.

NY S09926

Requires that certain contracts let by the office of general services be reserved for small businesses, including minority-owned business enterprises and women-owned business enterprises.

NY A10864

Establishes minority youth-owned business enterprises in the state of New York and the city of New York; creates certain contracting opportunities for members of minority youth-owned business enterprises; establishes an implementation program and oversight committee for minority youth-owned business enterprises.

NY S3805

Provides for State agencies to issue advanced payments to certified business enterprises awarded State contracts.

NY S08291

Requires that public contracts be divided by size into large, medium, small and micro contracts for the purpose of increasing opportunities for small businesses, including minority-owned business enterprises and women-owned business enterprises, to participate in state contracts.

Similar Bills

NJ S3805

Provides for State agencies to issue advanced payments to certified business enterprises awarded State contracts.

NJ S2769

Establishes sheltered market program for certain business enterprises seeking State contracts.

MI HB5786

Labor: employment preference; prioritization of local union labor; require for the construction of enterprise data centers. Creates new act. TIE BAR WITH: HB 5785'26, HB 5787'26

CA SB656

Small business: small business liaison.

RI S0311

Requires the department of administration to provide a list of certified minority and women-owned business enterprises to each prospective contractor of a construction project.

RI H5684

Requires the department of administration to provide a list of certified minority and women-owned business enterprises to each prospective contractor of a construction project.

CT SB01518

An Act Implementing The Recommendations Of The State Disparity Study.

FL H5207

Department of Management Services