Section 1699-N. Designation of small business set-asides at the Medgar Evers college, city university of New York  


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  • The chairman has authority to  designate as small business set-asides specified commodities,  equipment
      or    services    or   contracts   for   construction,   reconstruction,
      rehabilitation or improvement of college facilities for  which  purchase
      or  work  contract  have been requested by the board of trustees for the
      Medgar Evers college, city university of New York under  the  provisions
      of  this title. The designation shall be made prior to the advertisement
      for bids as provided by law, and when the advertisement is published  it
      shall  indicate  the purchases which have been designated small business
      set-asides. To effectuate the purposes of this title, the  chairman  may
      exercise  this authority whenever there is a reasonable expectation that
      bids will be obtained from at least three small  businesses  capable  of
      furnishing  the  desired  property  or  service at a fair and reasonable
      price.
        In the case  of  purchases  or  work  contracts  designated  as  small
      business  set-asides,  invitations  to  bid  shall  be confined to small
      businesses and  bids  from  other  businesses  shall  be  rejected.  The
      purchase,  contract  or  expenditure  of  funds  shall be awarded to the
      lowest  responsible  bidder  among  the  small  businesses  (considering
      conformity  with  specifications and terms) in accordance with the rules
      and regulations for purchasing published by the authority.
        It is hereby declared that a portion  of  small  business  set-asides,
      shall  be  set  aside  in  turn  as  exclusively  as  possible, to small
      businesses owned or controlled by minority entrepreneurs  as  previously
      defined,  and  that such aforementioned businesses, shall constitute not
      less than twenty-five percent  of  the  successful  bidders  under  this
      title.  Other contracts and business that in the opinion of the chairman
      can be judged to be substantially beneficial to socially or economically
      disadvantaged  individuals  may  also  be  excluded  from  the   general
      provisions and procedures applicable to the larger set-aside contracts.
        Minority  business  concerns eligible hereunder shall be excluded from
      stipulated limitations of sales volume, number of  employees  and  other
      factors defined in this title.
        Offers  must  be  advertised in the locality where a contract is to be
      effectuated. In locations where  twenty-five  percent  or  more  of  the
      population  is  non-English-speaking,  notices  shall  be  published  in
      appropriate translated form. The  procurement  officer  shall  cooperate
      with  county-wide  business development organizations servicing minority
      communities in the formulation and maintenance  of  lists  of  qualified
      contractors,  and  shall  notify  such  contractors  of opportunities to
      submit bids for set-aside contracts. Minority bidders will  be  notified
      of  reasons  why  their bids were unsuccessful. That each minority small
      business concern which bids is notified of reasons for failure to secure
      a successful bid, and  that  where  responsibility  as  defined  by  the
      procurement  officer  or  officers,  agent  or  agents is a factor, such
      responsibility will be defined, and such reasons  for  determination  of
      lack  of  responsibility  will  be  provided the minority small business
      bidders.
        Bonding requirements shall be negotiable for minority bidders.