New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.21 - Executive Order No. 21: Prescribing arrangements for establishing a State program for contract compliance and minority and women-owned business enterprise. [*][DAGGER][DOUBLE DAGGER]

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the opportunity for full participation in our free
					 enterprise system by traditionally socially and economically disadvantage
					 persons is essential if we are to obtain social and economic equality for such
					 persons and improve the functioning of our State economy; and
WHEREAS, in pursuit of economic opportunity for all
					 persons, it is the policy of the State of New York to foster and promote the
					 employment of minority group members and women and the development of minority
					 and women-owned business enterprises and to develop a program designed to
					 address their unique needs and circumstances; and
WHEREAS, important methods of directing our efforts are (a)
					 to establish an office to guide and oversee a contract compliance and minority
					 and women-owned business enterprise program; (b) to specify the authority of
					 the Commissioners of Commerce and General Services to implement programs in
					 support of minority and women-owned business enterprises; (c) to provide
					 additional technical and management assistance to minority and women-owned
					 business enterprises; (d) to establish an Executive Committee on Minority and
					 Women-Owned Business Development to provide assistance in coordinating the
					 participation of all State departments, agencies and public authorities in an
					 enhanced minority and women-owned business enterprise effort; and (e) to
					 develop a process to insure that only bona fide minority and women-owned
					 business enterprises benefit from the program provided pursuant to this
					 Executive Order; and
WHEREAS, it is necessary to implement performance reporting
					 systems to promote the employment of minority group members and women and the
					 procurement of goods and services produced by minority and women-owned business
					 enterprises;
NOW, THEREFORE, I, Mario 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:
Article I.
Office of Contract
				  Compliance and Minority and Women-Owned Business Enterprise.
There is hereby created in the Executive Chamber an Office
					 of Contract Compliance and Minority and Women-Owned Business Enterprise (the
					 "Office"), which shall be responsible for guiding and overseeing the programs
					 of all entities covered by this Order aimed at increasing opportunities for
					 minority group members and women and minority and women entrepreneurs to
					 participate in State construction and procurement programs. The Office will be
					 headed by a director appointed by the Governor. The director will be a member
					 of the staff of the Executive Chamber and report directly to the
					 Governor.
1. The Office shall:
(a) Establish procedures and guidelines to
				  insure that contractors undertake programs of affirmative action for the
				  employment of minority group members and women, to the extent consistent with
				  existing law. The procedure may require, to the extent consistent with existing
				  law, the submission of an affirmative action program prior to the award of any
				  contract, or at any time thereafter, and may require the submission of
				  compliance reports relating to the operation and implementation of a
				  contractor's affirmative action program.
(b) Develop a comprehensive statewide plan
				  and operational guidelines to promote minority and women-owned business
				  enterprises and to assist them in obtaining a fair share of contracts for
				  procurement of goods and services awarded by the State, including
				  identification of barriers to minority and women-owned business enterprise
				  development and investigation and evaluation of their effect on achieving the
				  objectives of this Order.
(c)
				  Establish regular performance reporting systems regarding implementation of
				  programs designed to increase minority and women-owned business enterprise
				  participation in procurement contracts by State departments, agencies and
				  public authorities.
(d) Supervise
				  the administration of the certification procedure established pursuant to
				  subdivision (a) of Article III of this Order.
(e) Review existing State contracting
				  procedures and make recommendations concerning amendments which would
				  facilitate award of State contracts to minority and women-owned business
				  enterprises.
(f) Initiate and
				  promote the development of programs and coordinate the use of resources of
				  State and local governments, business and trade associations, universities,
				  foundations, professional organizations, and volunteer and other groups towards
				  the growth of minority and women-owned business enterprises, and act as a
				  liaison in the coordination of the efforts of these groups with those of other
				  Federal, State and local departments and agencies charged with responsibility
				  in this area.
(g) Annually review
				  the reports of each State agency, department or public authority covered by
				  this Order on its activities to promote minority and women-owned business
				  enterprise development and identify the reporting entity's achievements,
				  deficiencies, proposed solutions to problems, needs for external assistance and
				  such other matters as may be appropriate or requested. The Office shall
				  annually advise the Governor on the activities of the State agencies,
				  departments and public authorities in effecting the provisions of this Order
				  and may from time to time advise the Governor with respect to the actions and
				  compliance with this Order of any departments, agencies or public
				  authorities.
(h) Request reports
				  and statements, as it deems necessary or desirable, from any department, agency
				  or public authority, as appropriate, on their respective activities on behalf
				  of minority and women-owned business enterprises pursuant to the provisions of
				  this Order.
(i) Submit to the
				  Governor, and the appropriate committees of the Legislature, by December 1 of
				  each year, commencing 1983, a full report of its activities hereunder during
				  the previous 12 months. Further, the Office shall, by September 30 of each year
				  beginning in 1984, submit to the Governor its recommendations for legislation
				  or other action it deems desirable to promote the purpose of this
				  Order.
(j) Prepare a comprehensive
				  report of the accomplishments of any contract compliance and minority and
				  women-owned business enterprise program previously established, incorporating
				  recommendations. The report shall be submitted to the Governor by January 1,
				  1984.
(k) Undertake such other
				  activities as the Governor may require to fulfill the purposes of this
				  Order.