NY Exec L § 315 (2021)
2021 New York Laws EXC - Executive Article 15-A - Participation by Minority Group Members and Women With Respect to State Contracts 315 - Responsibilities of Contracting Agencies.

* § 315. Responsibilities of contracting agencies. 1. Each contracting agency  shall  be  responsible  for monitoring state contracts under its jurisdiction,  and  recommending  matters  to  the   office   respecting non-compliance  with  the  provisions of this article so that the office may take such action as is appropriate to  ensure  compliance  with  the provisions  of  this  article, the rules and regulations of the director issued hereunder and the contractual  provisions  required  pursuant  to this  article.  All contracting agencies shall comply with the rules and regulations of the office and are directed to cooperate with the  office and  to  furnish to the office such information and assistance as may be required in the performance of its functions under this article.   2. Each contracting agency shall  provide  to  prospective  bidders  a current copy of the directory of certified businesses, and a copy of the regulations required pursuant to sections three hundred twelve and three hundred  thirteen  of  this  article  at  the time bids or proposals are solicited.   2-a. To the extent practicable, upon  completion  of  the  restrictive period  of  a  procurement,  each  contracting  agency  when notifying a contractor of a winning bid award shall  also  notify  any  minority  or women-owned business enterprise identified in the contractor's submitted utilization plan of such contractor's receipt of the winning bid award.   3.  Each  contracting agency shall report to the director with respect to activities undertaken to promote employment of minority group members and women and promote and increase participation by certified businesses with respect to state contracts and subcontracts. Such reports shall  be submitted  no  later  than May fifteenth of every year and shall include such information as is necessary for the director to  determine  whether the contracting agency and any contractor to the contracting agency have complied   with   the  purposes  of  this  article,  including,  without limitation, a summary of all waivers of the requirements of subdivisions six and seven of section three hundred thirteen of this article  allowed by  the  contracting  agency  during  the  period covered by the report, including a description of the basis  of  the  waiver  request  and  the rationale  for  granting  any such waiver and any instances in which the contract agency has deemed a contractor to have  committed  a  violation pursuant to section three hundred sixteen of this article and such other information  as  the  director  shall  require.  Each  agency shall also include in such annual report whether or not it  has  been  required  to prepare  a  remedial  plan, and, if so, the plan and the extent to which the agency has complied with each element of the plan.   4. The division of minority and  women's  business  development  shall issue  an  annual  report  which: (a) summarizes the report submitted by each contracting agency pursuant to subdivision three of  this  section; (b) contains such comparative or other information as the director deems appropriate,  including  but  not  limited  to  goals compared to actual participation of minority and women-owned business enterprises in  state contracting and a listing of annual participation rates for each agency, the  total  number  of certified minority and women-owned businesses for that reporting year, and the total dollar value of state expenditures on certified minority and women-owned business contracts  and  subcontracts for that reporting year, to evaluate the effectiveness of the activities undertaken   by  each  such  contracting  agency  to  promote  increased participation by  certified  minority  or  women-owned  businesses  with respect  to  state contracts and subcontracts; (c) contains a summary of all waivers of the requirements of subdivisions six and seven of section three hundred thirteen of  this  article  allowed  by  each  contracting agency  during the period covered by the report, including a description of the  basis  of  the  waiver  request  and  the  contracting  agency's  rationale  for  granting  any  such waiver; (d) describes any efforts to create a database or other  information  storage  and  retrieval  system containing   information  relevant  to  contracting  with  minority  and women-owned  business enterprises; and (e) contains a summary of (i) all determinations of violations of  this  article  by  a  contractor  or  a contracting  agency  made during the period covered by the annual report pursuant to section three hundred sixteen-a of this article and (ii) the penalties or  sanctions,  if  any,  assessed  in  connection  with  such determinations and the rationale for such penalties or sanctions. Copies of  the  annual  report  shall  be  provided  to  the  commissioner, the governor, the comptroller, the temporary president of  the  senate,  the speaker of the assembly, the minority leader of the senate, the minority leader  of  the  assembly and shall also be made widely available to the public via, among other things, publication on a website  maintained  by the division of minority and women's business development.   5.  Each agency shall include in its annual report to the governor and legislature pursuant to section one hundred sixty-four of this  chapter: (a)  its  annual goals for contracts with minority-owned and women-owned business enterprises; (b) the  number  of  actual  contracts  issued  to minority-owned  and  women-owned  business enterprises; (c) a summary of all waivers of the requirements of subdivisions six and seven of section three hundred thirteen of this article allowed by the  reporting  agency during  the  preceding year, including a description of the basis of the waiver request and the rationale for granting such waiver;  (d)  whether or  not it has been required to prepare a remedial plan, and, if so, the plan and the extent to which the agency has complied with  each  element of  the plan; (e) which expenditures are exempt from participation goals and the  rationale  for  such  exemption;  and  (f)  every  four  years, beginning  September  fifteenth,  two thousand twenty, each agency shall include in such annual report its  four-year  growth  plan  pursuant  to section three hundred eleven of this article.   6.  Each  contracting  agency  that substantially fails to make a good faith effort as defined by regulation of the director,  to  achieve  the maximum  feasible  participation  of  minority  and women-owned business enterprises in such agency's contracting shall be required to submit  to the director a remedial action plan to remedy such failure.   7.  If  it is determined by the director that any agency has failed to act in good faith to implement the remedial  action  plan,  pursuant  to subdivision  six  of  this  section  within one year, the director shall provide written notice of  such  a  finding,  which  shall  be  publicly available, and direct implementation of remedial actions to:  (a) assure that sufficient and effective solicitation efforts to women and minority-owned business enterprises are being made by said agency;  (b)  divide  contract  requirements,  when economically feasible, into quantities  that  will   expand   the   participation   of   women   and minority-owned business enterprises;  (c) eliminate extended experience or capitalization requirements, when programmatically   and   economically   feasible,   that   will   expand participation by women and minority-owned business enterprises;  (d) identify specific proposed contracts as particularly attractive or appropriate for  participation  by  women  and  minority-owned  business enterprises  with such identification to result from and be coupled with the efforts of paragraphs (a), (b), and (c) of this subdivision; and  (e) upon a finding by the director that an agency has failed  to  take affirmative measures to implement the remedial plan and to follow any of the  remedial  actions  set forth by the director, and in the absence of any objective progress towards the agency's goals, require some  or  all  of  the  agency's procurement, for a specified period of time, be placed under the direction and control of another agency or agencies.   * NB Repealed December 31, 2024