Lawmakers considering M/WBE bill

The New York State Conference of Black Senators unveiled its 2010 Signature Agenda earlier this month, and increasing M/WBE utilization on state contractors is featured as a leading concern.

"There has been a disparity in the way contracts have been let and the opportunities that have been awarded to minority and women," said conference Chairwoman Sen. Ruth Hassell-Thompson, D-Mount Vernon.

Members of the conference have drafted legislation (A4810-A/S1799-B) intended to put more bite into laws governing M/WBE participation and make those administering the program more publicly accountable. Some of the measures proposed include:

• Debarring contractors that do not live up to their M/WBE participation commitments from state contract awards for up to four years;

• Requiring contracting agencies to establish M/WBE participation goals;

• Requiring contracting agencies to submit an annual report on their M/WBE utilization and efforts to promote M/WBEs in contracting to the Division of Minority and Women Business Development (DMWBD);

• Authorizing the DMWBD to intervene in an agency's contracting approval process if the awarding agency is delinquent in its management of M/WBE contracting;

• Requiring that the DMWBD publish annually a report on agencies' progress on M/WBE contracting and procurement; and

• Expanding M/WBE utilization goals to include professional service.

The bill would also require contracting agencies to "[take] into account the diversity practices" of the bidders before determining the bid award. In the same vein, in the event that a contract is required by law to be awarded to the lowest responsible bidder and two or more bidders have submitted roughly equal bids, a bidder's record of compliance with M/WBE participation will be a deciding factor in the award.

The conference's announcement comes after a M/WBE disparity study published last month found that minorities are still not receiving their fair-share of government contracting and procurement expenditures.

To read the Assembly bill, visit:
http://assembly.state.ny.us/leg/default_fld=&bn=A04810&Summary=
Y&Actions=Y&Votes=Y&Memo=Y&Text=Y

To read the Senate Bill, visit:
http://open.nysenate.gov/legislation/api/1.0/html/bill/S1799

NYS DOT PUBLIC NOTICE
DBE GOAL FOR FHWA, FTA, AND FAA FUNDED CONTRACTS

Pursuant to 49 CFR Part 26.45(g)(2), the NYS Department of Transportation makes Public Notice of its proposed goal for DBE utilization on projects funded/assisted by the: FTA - 2.5% goal; FAA - 9% goal; and, FHWA - 12% goal, for the FFY beginning 10/1/10.

The goal and a description of how it was developed are available for inspection at the address below for 30 days following the original date of this Notice. The Department will accept comments 45 days from the original date of this Notice.

NYS Department of Transportation
Office of Civil Rights
50 Wolf Road
POD 6-2
Albany, New York 12232
E-mail comments to:
OCR-Public-Comments@dot.state.ny.us

OR

US Department of Transportation
1200 New Jersey Avenue, SE
Washington, DC 20590

Legislature tackles contract awards

To the delight of New York's contractors, Senate transportation committee chairman Martin Malave Dilan (D-Brooklyn) and Assemblyman Richard Brodsky (D-Westchester) have introduced legislation that would authorize the award of contracts let before April 1st.

"Senator Dilan's and Assemblyman Brodsky's efforts will put people back to work, repair our aging roads and bridges, and generate the tax revenues New York State so desperately needs," said Denise Richardson, Managing Director of the General Contractors Association of New York.

Governor David Paterson put a hold on many contract awards after Albany failed to pass a budget before April 1st, the beginning of Fiscal Year 2010-2011.

The governor also stopped payments to contractors working on active state-funded projects. He has, however, released some money for public projects in recent budget extenders after coming under fire from construction advocates.

The Senate and Assembly bills are currently working their way through legislative committees.

To read the General Contractors Association of New York's press release on the bill, visit:
http://open.nysenate.gov/legislation/api/1.0/html/bill/S8078

To read the Assembly bill, visit:
http://assembly.state.ny.us/leg/?default_fld=&bn=A11382&Summary
=Y&Actions=Y&Memo=Y&Text=Y

To read the Senate bill, visit:
http://open.nysenate.gov/legislation/api/1.0/html/bill/S8078

Let us help with your 'GFE'

Since its start in 2005, DBE GoodFaith Inc. has become a leader in disadvantaged business outreach, having helped over 1,110 firms meet contracts' outreach  requirements on more than 6,000 contract bids.

With DBE GoodFaith's intuitive outreach service, disadvantaged businesses (DBEs & M/WBEs) can be targeted to receive subcontracting and supplier opportunities for your contract. Our system allows users to:

• Place DBE & M/WBE outreach ads online;

• Automatically fax and email invitations to bid to DBE subcontractors of the users choice;

• Complete initial phone call solicitations with the help of DBE GoodFaith's call center; and

• Automatically document all outreach performed.

For more information on how DBE GoodFaith can help your business, contact a representative at (877) 802-3394 or visit www.dbegoodfaith.com.

DBE GoodFaith Inc. | P.O. Box 521 | Newark, CA 94560
www.dbegoodfaith.com | info@dbegoodfaith.com
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