New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 140 - Definitions › Section 140.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Affirmative
				Action Program and Equal Employment Opportunity Program. A program involving
				the implementation of procedures and methods for the identification,
				recruitment and employment of minority group members and women. Such programs
				must include equal access to advancement and procedures for investigating
				claims of discrimination because of race, creed, color, national origin, sex,
				age, disability or marital status. The overall result to be sought is to expand
				the employment opportunities of minority group members and women, also referred
				to as workforce diversity requirements.
(b) Applicant. A business enterprise which
				has applied for certification as a bona fide minority or woman-owned business
				enterprise.
(c) Business
				enterprise. Any entity, including a sole proprietorship, partnership, limited
				liability partnership, limited liability company or corporation, including
				not-for-profit corporations, which is authorized to and engages in lawful
				business transactions in accordance with New York law.
(d) Certified enterprise or certified
				business. A business enterprise which has been approved by the division of
				minority or woman-owned business enterprise status subsequent to verification
				that the business enterprise is owned, operated, and controlled by minority
				group members or women, and that also meets the financial requirements of
				subdivision (ff) of this section, and is a small business pursuant to
				subdivision (hh) of this section.
(e) Chief Diversity Officer. The Governor's
				principal advisor and representative regarding all matters related to State
				agency procurement policies concerning minority and women-owned business
				enterprises and State agency government workforce diversity.
(f) Commercially useful function. A minority
				or women-owned business enterprise performs a commercially useful function when
				it is responsible for execution of the work of the contract and is carrying out
				its responsibilities by actually performing, managing, and supervising the work
				involved. To perform a commercially useful function, a minority or women-owned
				business enterprise must, where applicable and in accordance with any State
				agency specifications, also be responsible, with respect to materials and
				supplies used on the contract, for ordering and negotiating price, determining
				quality and quantity and installing. A minority or women-owned business
				enterprise does not perform a commercially useful function if its role adds no
				substantive value and is limited to that of an extra participant in a
				transaction, contract, or project through which funds are passed in order to
				obtain the appearance of participation. Factors to be used in assessing whether
				a minority or women-owned business is performing a commercially useful function
				include:
(1) the amount of work
				subcontracted;
(2) industry
				practices;
(3) whether the amount
				the minority or women-owned business enterprise is to be paid under the
				contract is commensurate with the work it is to perform;
(4) the credit claimed towards minority or
				women-owned business enterprise utilization goals for the performance of the
				work by the minority or women-owned business enterprise; and
(5) any other relevant factors.