New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.8 - Executive order no. 8: removing barriers to minority and women business enterprises' participation in state contracting

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, New York State has enacted Article 15-A of the
					 Executive Law, to promote equal opportunity in contracting for all persons,
					 without discrimination for minority group members and women and business
					 enterprises owned by them, and to eradicate the barriers that have impaired
					 access by minority and women-owned business enterprises to State contracting
					 opportunities;
WHEREAS, despite New York State's law to promote the
					 continuing development of minority and women-owned businesses, in 2010 a
					 statewide disparity study showed significant disparities between (1) the number
					 of minority and female businesses in New York State available and qualified for
					 contracting opportunities, and (2) the number of state contracts awarded to
					 those businesses;
WHEREAS, legislation was enacted in 2010 to strengthen
					 Article 15-A, and it is crucial that the State take active measures to ensure
					 that these provisions are effectively implemented;
WHEREAS, it is of significant public importance that New
					 York State conduct a critical, systematic, and comprehensive review to remove
					 the barriers that have impaired access by minority and women-owned business
					 enterprises to New York State contracting opportunities; and
WHEREAS, this review should be tailored to increasing the
					 participation of minority and women-owned businesses in state contracting and
					 providing equal opportunities in employment without discrimination;
NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 laws of the State of New York do hereby order as follows:
A. Definitions
As used herein, the following terms shall have the
					 following meanings:
1. "Minority and
				  Women-Owned Business Enterprise" or "M/WBE" shall mean those businesses defined
				  as "Minority-Owned Business Enterprises" and "Women-Owned Business Enterprises"
				  in Executive Law § 310.
2.
				  "Public authority" or "authority" shall mean a public authority or public
				  benefit corporation created by or existing under any New York State law, with
				  one or more of its members appointed by the Governor or who serve as members by
				  virtue of holding a civil office of New York State, other than an interstate or
				  international authority or public benefit corporation, including any
				  subsidiaries of such public authority or public benefit corporation.
3. "SAGE Commission" shall mean the Spending
				  and Government Efficiency Commission created by Executive Order 4 of 2011 and
				  tasked with redesigning the organizational structure of state
				  government.
4. "State agency" or
				  "agency" shall mean any state agency, department, office, board, bureau,
				  division, committee, council or office.
5. "State officer or employee" shall have the
				  meaning given in Section 73  of the Public Officers Law.