NY S04438

Adds new arbitration provision requirement to state finance law prohibiting state agencies from contracting with vendors who impose mandatory private arbitration on employees or independent contractors for claims under Title VII of the Civil Rights Act of 1964 or Article Fifteen of the Executive Law

Applies to competitive bidding contracts where a compliant bidder offers commodities, services, or construction within five percent of the lowest or best value offer, allowing the Commissioner of General Services to award to the non-lowest bidder

Applies to non-competitive contracts for goods or services exceeding the discretionary buying threshold or construction exceeding $15,000, unless the contracting entity determines no other responsible contractor will supply comparable quality at comparable price

Exempts arbitration provisions mandated by collective bargaining agreements, contracts with governmental and non-profit organizations, emergency procurements, and financial/fiscal obligation instruments

Requires contracting entities to investigate violations of the arbitration stipulation, offer contractors opportunity to respond, and take appropriate action including sanctions, seeking compliance, recovering damages, or declaring default