reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 141 - State Agency Responsibilities › Section 141.4 - State agency master goal plan submission procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All State agencies subject to article
				15-A of the Executive Law shall submit and/or have an active Master Goal Plan
				in force and on file with the division.
(b) The director shall make a copy of the
				Disparity Study available on the division's website.
(c) Each State agency shall submit a master
				goal plan or an update to the master goal plan, pursuant to subdivision (e) of
				this section, to the director on or before January 15 of each year, or at such
				time determined by the director pursuant to section
				141.5(c) of this
				Part, in such form as may be required by the director.
(d) The director may, in limited instances
				where exigent circumstances warrant such a measure and upon the approval of the
				chief diversity officer, require a State agency to submit an interim master
				goal plan or an interim update to the master goal plan on a date certain and
				such plan shall be in effect until such time as the director has received and
				approved a master goal plan pursuant to subdivision (c) of this section and
				section 141.5(b) of this
				Part, respectively.
(e) In
				instances where a State agency has an accepted master goal plan on file with
				the division and such State agency is in good standing with the division
				regarding its good faith efforts to achieve the maximum feasible portion of its
				agency-specific goals as outlined therein, the director may, at his or her
				discretion, permit a State agency to submit an update to the master goal plan
				in lieu of a submission of a new master goal plan. Notwithstanding the
				foregoing, a new master goal plan must be submitted to the division by each
				State agency a minimum of once every four (4) years.
(f) Any agency that refuses or fails to
				submit a master goal plan pursuant to this section shall be deemed to have
				failed to achieve its good faith standard pursuant to section
				313 of the
				Executive Law and shall be referred to the chief diversity officer for
				appropriate action.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 141 - State Agency Responsibilities › Section 141.5 - State agency master goal plan review.

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director shall review the agency
				master goal plan to determine
(1) whether the
				goals within the plan are reasonable and reflective of a process that has
				employed a rigorous assessment of the agency's total procurement portfolio as
				it relates to the participation of minority-and women-owned business
				enterprises in agency contracts;
(2) whether the factual basis and supporting
				documentation for such goals comport with the requirements set forth in section
				141.2 of this Part;
(3) whether the goals set by the State agency
				adequately reflect the availability of certified minority and women-owned
				business enterprises for the agency's contracts; and
(4) whether other factors raised in the
				master goal plan have a legitimate substantive impact on the goals set by the
				State agency.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 141 - State Agency Responsibilities › Section 141.6 - State agency compliance reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Each State agency shall submit a quarterly compliance report in a form and
				manner required by the director. The report is submitted quarterly over the
				fiscal year. The four reporting quarters are April 1 - June 30 (1st quarter due
				July 15); July 1 - September 31 (2nd quarter due October 15); October 1 -
				December 31 (3rd quarter due January 15); and January 1 -March 31 (4th quarter
				due April 15). The compliance report shall include the following information
				regarding State contracts and subcontracts awarded in the interval since the
				last compliance report:
(1) the number of
				State contracts awarded, the maximum dollar amount obligated pursuant to those
				contracts, and total expenditures pursuant to all such contracts;
(2) the number of State contracts awarded to
				certified minority or women-owned business enterprises, the maximum dollar
				amount obligated pursuant to all those contracts, and the total expenditures
				made pursuant to all such contracts;
(3) the number of State contracts awarded
				which include a utilization plan for business participation by certified
				minority or women-owned business enterprises as subcontractors, the maximum
				amount obligated pursuant to those contracts, and the total expenditures made
				pursuant to all such contracts, and the percentage of those expenditures
				awarded pursuant to certified minority and women-owned business
				enterprises;
(4) the number of
				State contracts awarded upon which a waiver was granted from goals required by
				the contracts for business participation by certified minority or women-owned
				business enterprises, and the maximum amount obligated pursuant to those
				contracts as well as a summary of the waivers;
(5) the number of State contracts awarded
				which required goals for employment of minority group members and
				women;
(6) the number of State
				contracts awarded for which waivers of employment goals required by the
				contracts have been granted;
(7) a
				justification of any waivers granted pursuant to paragraphs (4) and (6) of this
				section;
(8) a statement of whether
				it is in compliance with its agency goal plan based on information provided in
				the compliance report, and if it is not in compliance with its agency goal
				plan, a description of the actions which will be taken to comply with the State
				agency goal plan;
(9) whether the
				State agency has been required to prepare a remedial plan and, if so, the plan
				(attached as an exhibit) and the extent to which the agency has complied with
				each element of the plan; and
(10)
				any additional information relevant or necessary to demonstrate the State
				agency's compliance for utilization of certified minority and women-owned
				business enterprises in its contracts or procurement practices.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 141 - State Agency Responsibilities › Section 141.7 - State agencies' good faith efforts

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				State agencies shall make a good faith effort to achieve the maximum feasible
				portion of the State agency's goals adopted pursuant to this title.
(b) To determine whether the State agency has
				exercised good faith, the director must consider the following:
(1) whether there are certified minority
				and/or women-owned business enterprises that could participate in the type of
				procurement opportunities that the agency has to offer as prime contractors or
				subcontractors;
(2) whether the
				State agency has attempted to unbundle State contracts and solicit bids from
				the certified minority and women-owned businesses;
(3) whether there are certified minority
				and/or women owned business enterprises, located outside of the regions in
				which State contracts are to be performed, that could participate in
				procurement opportunities;
(4)
				whether the State agency has considered encouraging joint ventures, teaming
				agreements, partnerships, or other similar arrangements between prime
				contractors and certified minority-and women-owned business enterprises to
				participate in the State agency's procurement opportunities;
(5) the number of opportunities that the
				State agency had to make discretionary purchases from certified minority and
				women-owned business enterprises versus the number of times the State agency
				actually made discretionary purchases from certified minority and women-owned
				business enterprises;
(6) the
				amounts paid to certified minority and women-owned business enterprises as a
				result of the State agency's discretionary purchasing as set forth in State
				Finance Law or other applicable law;
(7) whether the State agency developed
				selective bidder lists that included certified minority and/or women-owned
				business enterprises;
(8) the
				number of times that the State agency negotiated with certified minority and
				women-owned businesses directly;
(9) whether the State agency has processes
				and procedures in place to ensure that it has assessed each State contract for
				certified minority and women-owned business enterprise contract goals as
				required by section
				142.2 of these
				regulations;
(10) whether the State
				agency's practices and procedures comport with article 15-A of the Executive
				Law and Part 142 of these regulations with respect to utilization plans,
				utilization reports and waivers.
(11) whether the State agency has submitted
				compliance reports pursuant to section
				141.6 of this Part; and
(12) any other information submitted by the
				State agency or other criteria that the director deems relevant to determining
				whether the State agency exercised good faith, including but not limited to,
				the agency's compliance with the provisions of article 15-A of the Executive
				Law and these regulations.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 141 - State Agency Responsibilities › Section 141.8 - State agency remediation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				State agency that substantially fails to make a good faith effort as defined by
				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.
(b) Such remedial action
				plan shall, at a minimum, identify the factors that contributed to the State
				agency's substantial failure to meet its agency-specific goals and outline
				strategies, practices, procedures and measures that the State agency will
				employ to reasonably meet the maximum feasible portion of the agency-specific
				goals.
(c) If it is determined by
				the director that any State agency has failed to act in good faith to implement
				the remedial action plan, within one year, the director shall provide written
				notice of such a finding, which shall be publicly available, and direct
				implementation of the following affirmative measures, as appropriate:
(1) expansion of sufficient and effective
				solicitation efforts to certified minority and women-owned business
				enterprises;
(2) review of all
				procurement opportunities to determine whether procurements can be unbundled
				into smaller quantities that may expand the participation of certified minority
				and women-owned business enterprises;
(3) elimination of extended experience,
				capitalization requirements, or bonding requirements, where feasible, as a
				means to expand participation by certified minority and women-owned business
				enterprises;
(4) identification of
				specific expenditures as particularly attractive or appropriate for
				participation by certified minority and women-owned business enterprises;
				and
(5) maximization of the number
				of awards made to certified minority and women-owned business enterprises
				pursuant to section
				163
				(6) of the State Finance Law.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 142 - Requirements And Procedures Regarding Participation By Certified Minority- And Women-owned Business Enterprises On State Contracts › Section 142.1 - Purpose, scope and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The purpose of this Part is to provide standards, criteria and procedures for
				establishing contract goals; to regulate, prepare, submit, and review
				utilization plans, to prescribe the elements of a contractor's good faith
				efforts to be reviewed when a waiver of goals is requested, and to provide
				procedures for evaluating compliance and resolving disputes related to
				participation by certified minority and women-owned business enterprises on
				State contracts.
(b) This Part
				shall also provide standards, criteria and procedures relating to the awarding
				of State contracts. Such standards, criteria and procedures shall relate to the
				past, present and prospective use of certified minority and women-owned
				business enterprises as a subcontractor, joint ventures or partners and the
				establishment of quantitative factors for certified minority and women-owned
				business enterprise status.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 142 - Requirements And Procedures Regarding Participation By Certified Minority- And Women-owned Business Enterprises On State Contracts › Section 142.2 - Establishing contract goals and identifying subcontract opportunities for certified businesses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where
				practical, feasible and appropriate, and in a manner consistent with the
				findings of the disparity study, State agencies shall establish the following
				goals on all State contracts:
(1) overall
				minority and women-owned business enterprises;
(2) minority-owned business enterprises;
				and
(3) women-owned business
				enterprises.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 142 - Requirements And Procedures Regarding Participation By Certified Minority- And Women-owned Business Enterprises On State Contracts › Section 142.3 - Diversity practices, bidding and award considerations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The contracting State agency shall
				determine whether it is practical, feasible and appropriate to include in the
				evaluation of bids or proposals the diversity practices of all contractors
				making submissions for the award of any State contract that is:
(1) awarded on the basis of best value, or
				otherwise awarded as a response to a request for a proposal and/or a request
				for qualifications; and
(2)
				anticipated to result in an award of two hundred fifty thousand dollars
				($250,000) or greater; and
(3) not
				a contract based on lowest price.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 142 - Requirements And Procedures Regarding Participation By Certified Minority- And Women-owned Business Enterprises On State Contracts › Section 142.4 - Utilization plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) State
				agencies shall require contractors to submit utilization plans for achieving
				contract goals established for the participation of certified minority and
				women-owned business enterprises performing commercially useful functions in
				relation to State contracts. A form for the utilization plan shall be provided
				by the State agency to the contractor for any request for bids, proposals or
				qualifications, or negotiated contracts, for which contract goals are
				established with:
(1) bid documents where a
				State contract is awarded pursuant to solicitation of bids;
(2) requests for proposals or qualifications
				in the case of State contracts awarded pursuant to a request for proposals or
				qualifications; and
(3) proposed
				contracts where a State contract will be awarded pursuant to negotiation
				without solicitation of bids or a request for proposals.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 142 - Requirements And Procedures Regarding Participation By Certified Minority- And Women-owned Business Enterprises On State Contracts › Section 142.5 - Posting of utilization plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Upon execution of a State contract, State agencies shall post the utilization
				plan or waiver consistent with Section
				141.6(b) of Part
				141 of this Title and 142.7(e) of Part 142 of this Title, if granted, and the
				following information on the State agency's website within ten (10) days after
				approval by a State agency:
(1) the name and
				address of the contractor
(2) the
				contract number;
(3) the project
				number, if applicable;
(4) the
				contract award date;
(5) the
				estimated date of completion;
(6)
				the amount obligated under the contract;
(7) a description of work required by the
				State contract as provided to the Comptroller of the State, where
				applicable;
(8) the name and
				address of certified enterprises referenced in the utilization plan and
				contract work they shall perform; and
(9) a description of any waivers
				granted.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 142 - Requirements And Procedures Regarding Participation By Certified Minority- And Women-owned Business Enterprises On State Contracts › Section 142.6 - Submission and review of utilization plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the case of a request for proposals,
				request for qualifications, or negotiated State contracts, for which contract
				goals have been set, the time for submitting the utilization plan shall be upon
				submission of any proposal, qualifications, or negotiated contract. The State
				agency may waive or modify this requirement by sending a written notice to the
				director with an explanation ten (10) days before solicitations are
				issued.
(b) In the case of any bid
				submission, utilization plans shall be submitted after the opening of bids, but
				in no case more than ten (10) business days after the contractor receives
				notice from a State agency that the contractor has submitted a low bid,
				provided the agency may adopt a longer time period for submission of
				utilization plans as to all or particular categories of its contracts upon
				filing of such period and any supporting justification with the director, and
				subject to rejection or modification by the director. Any such modification or
				rejection shall apply to contract solicitations on or after the date of the
				rejection or modification.
(c) The
				State agency shall review a utilization plan submitted by a contractor and
				issue a written notice of acceptance or deficiency regarding the utilization
				plan no later than twenty (20) days after receipt of the utilization plan, and
				prior to the execution of the contract resulting from said procurement. A State
				agency may accept a utilization plan if:
(1)
				the contract goals, as determined by the State agency in the solicitation or
				bid, are to be provided by one or more certified minority and/or women-owned
				business enterprises;
(2) the
				contractor submits a utilization plan which only partially satisfies the
				contract goals set forth in the solicitation, but is supported by the
				contractor's documented good faith efforts to submit a utilization plan as
				requested;
(3) the contractor is a
				joint venture, teaming agreement, or other similar arrangement, with a
				certified minority or women-owned business enterprise whose value added or
				participation is equal to the percentage of the contract goals set forth in the
				solicitation;
(4) the contractor
				submits a mentor-protege agreement acceptable to the agency, which does not
				meet the goals set forth in the solicitation, but reflects an investment by the
				mentor in the protege roughly equal to the difference between the contract
				goals set forth in the solicitation and the percentage of value added
				participation provided by the protege.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 142 - Requirements And Procedures Regarding Participation By Certified Minority- And Women-owned Business Enterprises On State Contracts › Section 142.7 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A State agency
				shall not grant any automatic waivers of goal requirements on a State contract
				but may grant a partial or total waiver of goal requirements established on a
				State contract only upon the submission of a waiver form by a contractor,
				documenting good faith efforts, as defined in Section
				142.8, by the contractor to meet
				the goal requirements of the State contract, and in consideration of the
				following factors:
(1) the number and types of
				certified minority or women-owned business enterprises available to perform on
				any subcontractable scopes of the contract:
(2) the total dollar value of the State
				contract;
(3) the contract scope of
				work to be performed;
(4) the
				project size;
(5) the project
				term;
(6) the availability of other
				business enterprises located in the region qualified to do the work to be
				performed;
(7) the ability of
				certified minority and women-owned business enterprises located outside the
				region to perform the State contract;
(8) Whether certified minority or women-owned
				businesses which have been solicited by the contractor exhibited interest in
				submitting proposals for a particular project by attending, or having attended,
				a pre-bid conference, if any, scheduled by the State agency awarding the State
				contract with certified minority and women-owned business
				enterprises;
(9) Whether the
				contractor provided timely written notification of subcontracting opportunities
				on the State contract to appropriate certified businesses that appear in the
				directory of certified businesses prepared pursuant to paragraph (f) of
				subdivision three of section
				311 of the
				Executive Law; and
(10) the extent
				to which contractor's own actions, including but not limited to, any failure by
				contractor to discharge the contractor's duties pursuant to this Part or
				article 15-A of the Executive Law, contributed to contractor's inability to
				meet the maximum feasible portion of the contract goals.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 142 - Requirements And Procedures Regarding Participation By Certified Minority- And Women-owned Business Enterprises On State Contracts › Section 142.8 - Contractor's efforts to utilize certified business enterprises

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Contractors
				must document their good faith efforts toward utilizing certified minority and
				women-owned business enterprises, including but not limited to, those
				identified within a utilization plan. Such documented efforts, shall include,
				at a minimum:
(1) Copies of its solicitations
				of certified minority and women-owned business enterprises and any responses
				thereto;
(2) If responses to the
				contractor's solicitations were received, but a certified minority or
				woman-owned business enterprise was not selected, the specific reasons that
				such enterprise was not selected;
(3) Copies of any advertisements for
				participation by certified minority and women-owned business enterprises timely
				published in appropriate general circulation, trade and minority or
				women-oriented publications, together with the listing(s) and date(s) of the
				publication of such advertisements;
(4) The dates of attendance at any pre-bid,
				pre-award, or other meetings, if any, scheduled by the State agency awarding
				the State contract, with certified minority and women-owned business
				enterprises which the State agency determined were capable of performing the
				State contract scope of work for the purpose of fulfilling the contract
				participation goals;
(5)
				Information describing the specific steps undertaken to reasonably structure
				the contract scope of work for the purpose of subcontracting with, or obtaining
				supplies from, certified minority and women-owned business
				enterprises.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 142 - Requirements And Procedures Regarding Participation By Certified Minority- And Women-owned Business Enterprises On State Contracts › Section 142.9 - Contractor disqualification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Where a State agency determines, after having given notice of deficiency
				pursuant to section
				142.6(c) of this
				Part, that a contractor has failed to submit an acceptable utilization plan or
				satisfactorily document its good faith efforts, the State agency may proceed
				with the next ranked bidder:
(1) twelve (12)
				days after sending a written notice of deficiency, as specified in section
				142.6 of this Part, to the
				contractor, and the State agency has not received a request for an
				administrative hearing from the contractor,
(2) after the mailing of a notice of
				disqualification, specifying the grounds for such disqualification, provided
				that the contractor has not filed a complaint with the director, or
(3) after receiving a written notification of
				a resolution from the director, or a decision of the division's hearing
				officer.
The State agency shall serve a copy of its complaint upon the
				  contractor by personal service or certified mail, return receipt
				  requested.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 142 - Requirements And Procedures Regarding Participation By Certified Minority- And Women-owned Business Enterprises On State Contracts › Section 142.10 - Contractor compliance reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				State agencies are responsible for determining compliance by contractors with
				goals established in State contracts.
(b) A State agency may determine that a
				contractor is complying with contract goals set forth in the utilization plan
				if:
(1) the contractor is a certified minority
				or women-owned business enterprise and is responsible for one hundred percent
				of the contract performance;
(2)
				the State agency has verified that the contract goals are being achieved with
				certified, value added enterprises; or
(3) a review of contractor compliance reports
				and the determination of compliance is consistent with procedures or actions
				described in the State agency's master goal plan.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 142 - Requirements And Procedures Regarding Participation By Certified Minority- And Women-owned Business Enterprises On State Contracts › Section 142.11 - Contractor compliance reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Contractor compliance reports shall be submitted by contractors with respect to
				State contracts for which a utilization plan was required and approved by a
				State agency.
(b) Contractor
				compliance reports shall be filed at intervals required by information,
				instructions or requirements pursuant to which bids and proposals have been
				solicited, or the terms and conditions of a State contract awarded pursuant to
				negotiation.
(c) A contractor
				compliance report shall include, but not be limited to, the following
				information:
(1) the name, address and
				telephone number of each certified minority or woman-owned business enterprise
				the contractor is using or intends to use to comply with the utilization
				plan;
(2) a brief description of
				the contract scope of work to be performed for the contractor by each certified
				minority or woman-owned business enterprise and the scheduled dates for
				performance;
(3) a statement of
				whether the contractor has a written agreement with each certified minority or
				woman-owned business enterprise, and if requested, copies of such agreements
				the contractor is using or intends to use;
(4) the actual total cost of the contract
				scope of work to be performed by each certified minority or woman-owned
				business enterprise for the contract; and
(5) the actual amounts of any payments made
				by the contractor to each certified minority or woman-owned business enterprise
				as of the date the compliance report was submitted.
(6) a statement indicating that the
				contractor complied with the requirement to provide written notice to 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. Upon request by an agency, a contractor must provide copies of the
				written notification that it sent to the minority or women-owned business
				enterprises that were identified in the contractor's utilization plan submitted
				in conjunction with its bid, in accordance with Section
				142.4(d).
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 142 - Requirements And Procedures Regarding Participation By Certified Minority- And Women-owned Business Enterprises On State Contracts › Section 142.12 - Contractor and State agency complaints

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subsequent to the award of a State
				contract to a contractor that becomes deficient with regard to its utilization
				plan, the contractor may file a complaint with the director pursuant to
				Executive Law, section 316, by personal service or certified mail, return
				receipt requested, provided that the complaint is filed within twenty (20) days
				following paragraphs (1), (2), or (3) of this subdivision. The complaint should
				state the reasons for the information:
(1)
				the contractor's receipt of a written determination by a State agency that the
				contractor is not entitled to a partial or full waiver of the goals established
				in a State contract for participation by certified minority and women-owned
				business enterprises; or
(2) the
				contractor's receipt of a written determination by a State agency that the
				contractor has not acted in good faith, has failed, is failing, or is refusing
				to comply with goals; or
(3) twenty
				(20) days have passed from the date of the State agency's receiving a written
				request from the contractor, sent by certified mail, return receipt requested,
				for a partial or total waiver of goal requirements for participation by
				certified minority and women-owned business enterprises, and no written
				determination has been issued by the State agency.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 142 - Requirements And Procedures Regarding Participation By Certified Minority- And Women-owned Business Enterprises On State Contracts › Section 142.14 - Quantitative scoring factors for State contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On contracts where State agencies do not
				assess diversity practices pursuant to section
				142.3 of this Part, State agencies
				may establish and include a quantitative factor in the scoring of bids or
				proposals submitted to agencies for bidders that are certified minority-or
				women-owned business enterprises.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 143 - Work Force Diversity Requirements And Procedures Regarding Equal Employment Opportunities For Minority Group Members And Women On State Contracts › Section 143.1 - Purpose, scope and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The requirements of this Part apply to all documents soliciting bids or
				proposals for State contracts which are issued on or after the effective date
				of this Part.
(b) In the event that
				a State contract is entered into on an emergency basis or where an amendment or
				change order has been added to a State contract providing for a total
				expenditure in excess of $ 25,000, the contracting agency may require the
				contractor to submit an EEO policy statement and to comply with the post award
				requirements of this Part during the life of the contract.
(c) Pursuant to Executive Law, section
				312(3), the requirements of this Part shall not be binding upon contractors or
				subcontractors in the performance of work or the provision of services or any
				other activity that are unrelated, separate or distinct from the State contract
				as expressed by its terms.
(d)
				Based on the restrictions set forth in the applicability provisions of
				Executive Law, section 312(6), the requirements of sections 143.4 and
				143.6 of this Part shall not apply
				to any employment outside this State or application for employment outside this
				State or solicitations or advertisements therefor.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 143 - Work Force Diversity Requirements And Procedures Regarding Equal Employment Opportunities For Minority Group Members And Women On State Contracts › Section 143.2 - General work force diversity requirements for State agencies awarding contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) State
				agencies shall include in their master goal plan submitted pursuant to section
				141.3 of this Title, steps the
				agency will take to implement and to ensure compliance with the EEO
				requirements of this Part for approval by the director. The agency shall
				annually provide relevant updated information as a part of the agency master
				goal plan submission process.
(b)
				The director shall provide all contracting agencies with the labor force
				availability data on federal occupational categories upon request. Contracting
				agencies shall include relevant portions of such data in all documents
				soliciting bids or proposals for State contracts or provide the data to
				contractors within the time frame established by the agency for a contractor's
				pre-award submission of an EEO policy statement and staffing plan required by
				section 143.2 of this Part. The director
				shall make efforts to assist contractors in utilizing the data to determine the
				expected levels of participation of minority group members and women on State
				contracts.
(c) In relation to the
				labor force availability data, the director will provide contracting agencies
				guidance and assistance in identifying the relevant labor force availability
				pool of employees based on:
(1) the
				reasonable recruitment area for the type of job category;
(2) the location of the job; and
(3) consideration for selecting the optimal
				availability pool.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 143 - Work Force Diversity Requirements And Procedures Regarding Equal Employment Opportunities For Minority Group Members And Women On State Contracts › Section 143.5 - Work force diversity reporting requirements for contracting agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director
				may require contracting agencies to report to the division on the information
				contained in the work force employment utilization reports in a form and manner
				required by the director quarterly on the 15th day of January, April, July, and
				October of each year. The contracting agency's report shall include, but is not
				limited to, the following information regarding the State contracts for which
				the State agency received work force utilization reports on during the
				preceding quarterly interval:
(1) an
				aggregation, by location of work, of the work forces employed on all State
				contracts in the industries of commodities, services/consulting, and
				professional construction consulting broken down by ethnic background, gender
				and federal occupational categories;
(2) for construction contracts, an
				aggregation, by location of work, of the hours worked during the reporting
				period on activities related to those contracts, and a breakdown of those hours
				by ethnic background, gender and the construction related job titles that fall
				within relevant federal occupational categories; and
(3) a list of all contracts included in the
				aggregation of data, contract number, contract amount and location of
				work.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 143 - Work Force Diversity Requirements And Procedures Regarding Equal Employment Opportunities For Minority Group Members And Women On State Contracts › Section 143.6 - Work force diversity dispute resolution procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a contracting agency determines that a
				contractor is in noncompliance with the requirements of this Part, the
				contracting agency shall make every effort to resolve the matter and to bring
				the contractor into compliance with such requirements. If the contracting
				agency is unsuccessful in its efforts, the contracting agency shall submit a
				written complaint to the director, pursuant to Section
				316 of the
				Executive Law, regarding the contractor's noncompliance and shall recommend to
				the director that the director review and attempt to resolve the noncompliance
				matter. The contracting agency shall serve a copy of its complaint upon the
				contractor by personal service or certified mail, return receipt
				requested.
(b) For all State
				contracts that it bids and awards, the Office of General Services shall have
				the function of determining a contractor's compliance with the EEO requirements
				of this Part.
(c) The director
				shall attempt to resolve a noncompliance dispute between the contracting agency
				and the contractor or subcontractor. If a resolution of the noncompliance
				dispute is satisfactory to the parties, the parties shall so indicate by
				signing a dispute resolution memorandum indicating that the matter has been
				resolved and stating the terms of the resolution.
(d) If the director is unable to resolve the
				noncompliance dispute to the satisfaction of the parties, the director shall
				refer the contracting agency's complaint, within 30 calendar days of the
				receipt of the complaint, to the division's hearing officer for a
				hearing.
(e) Upon conclusion of the
				administrative hearing, the hearing officer shall submit to the director a
				decision regarding the noncompliance dispute and the imposition of sanctions,
				fines or penalties, as provided for in the relevant sections of the contract,
				if appropriate, or a dismissal of the State agency's complaint, if
				appropriate.
(f) The director,
				within 10 business days of receipt of the decision, shall mail a determination
				of such matter to the contracting agency and shall cause a copy of such
				determination, along with a copy of article 15-A of the Executive Law to be
				served upon the contractor or subcontractor by personal service or by certified
				mail, return receipt requested.
(g)
				The decision of the hearing officer shall be final and may only be vacated or
				modified as provided in article 78 of the Civil Practice Law and
				Rules.
(h) Nothing in this section
				is meant to diminish or supersede a contracting agency's authority and
				responsibility to enforce the requirements of its contracts.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 144 - Statewide Certification Program › Section 144.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				This Part implements Section
				314 of the
				Executive Law. Section
				314 of the
				Executive Law authorizes the director to establish rules and regulations
				providing for criteria for the certification of minority and women-owned
				business enterprises, procedures for the receipt and evaluation of applications
				to certify business enterprises as minority and women-owned business
				enterprises, and procedures for the revocation of certification of business
				enterprises as minority and women-owned business enterprises.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 144 - Statewide Certification Program › Section 144.3 - Submission of an application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Timing
				and procedure for submission of an application. Applications to certify
				business enterprises as minority and women-owned business enterprises shall be
				submitted at such time and in such manner as prescribed in this subdivision.
(1) Time of submission. Applications to
				certify a business enterprise as a minority or women-owned business enterprise
				may be submitted after such business enterprise has been engaged in business
				activities for at least one (1) year. Where an application is submitted on
				behalf of a business enterprise that has not been in business for at least
				one
(1) year, the division may, at
				its discretion, reject such application as described in this Part.
(2) Manner of submission. Applications shall
				be submitted electronically, in such form as the director shall require. An
				applicant may request to submit an application in paper form.
(i) Requests to submit a paper application
				shall be made to the director at the following address: 633 Third Avenue, 33rd
				Floor New York, NY 10017
(ii)
				Requests to submit a paper application must contain the name of the business
				enterprise for which the paper application is requested, and the business
				address of such business enterprise.
(iii) Upon receipt of a request to submit a
				paper application, the division shall generate a paper application bearing the
				name of the business enterprise for which the paper application is requested
				and return the paper application to the business address provided in the
				request for a paper application.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 144 - Statewide Certification Program › Section 144.4 - Revocation of certification as a minority or women-owned business enterprise

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director
				shall revoke the minority or woman-owned business enterprise status of a
				certified business for a period of two years, if it is demonstrated that
				minority group members or women no longer own and control the business
				enterprise in accordance with rules set forth in section
				144.2 of this Part.
(b) A certified business enterprise must
				notify the division within thirty (30) days of any material change in the
				information contained in the original application. A material change is any
				development that would materially affect eligibility, based on all
				certification criteria, including but not limited to: a change in ethnicity,
				sex, percentage of ownership in the business enterprise, address, officers or
				services provided by the certified business. If a material change is indicated,
				a review may be conducted by the division.
(c) Review of continued eligibility. The
				director may, upon becoming aware of facts suggesting that a certified minority
				or women-owned business enterprise no longer meets the certification criteria
				of this Part or cannot perform a commercially useful function, initiate a
				review of a certified minority or women-owned business enterprise during the
				course of its certification according to the procedures of this subdivision.
(1) Notification of review. Upon determining
				to conduct a review of the continued eligibility of a business enterprise to be
				certified as a minority or women-owned business enterprise, the director shall
				notify such certified minority or women-owned business enterprise in writing of
				his or her intent to conduct a review.
(i)
				Contents of notification of review. The notification of review shall specify
				the grounds of the review, including the certification criteria that the
				director has become aware that the certified minority or women-owned business
				enterprise may no longer satisfy, and request information or documents related
				to the grounds for the review.
(ii)
				The director may, at his or her discretion, request that minority group member
				or women owners relied upon for certification of the minority or women-owned
				business enterprise under review participate in a phone interview or be subject
				to a site visit.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 144 - Statewide Certification Program › Section 144.5 - Criteria for acceptance of federal certification in lieu of completing and submitting the New York State minority and women-owned business enterprise certification application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				division may approve an applicant as a certified business without requiring
				that applicant to complete the New York State minority and woman-owned business
				enterprise certification application provided:
(1) the applicant demonstrates that it holds
				a current federal certification pursuant to Title 49 CFR Part 26 or Title 13
				CFR Part 124 by submitting a true copy of the certification to the
				division;
(2) the applicant
				completes the supplemental application;
(3) the applicant provides a signed
				authorization for the exchange of information between the division and the
				certifying entity for the purpose of determining the applicant's eligibility
				for certification;
(4) an owner, a
				partner or a principal officer that is authorized to act on behalf of the
				applicant signed and has notarized an attestation that the information
				submitted in connection with the federal certification is accurate to the best
				of that person's knowledge; and
(5)
				the applicant provides proof satisfactory to the division that the applicant is
				owned, operated and controlled by women or minority group members and that the
				individual or individuals whose ownership, control and operation are relied
				upon for certification, meet the requirements of personal net worth and the
				definition of small business set forth in these regulations. Documentation
				referenced in section
				144.2(f)(4)(i) of
				this Part may be required to substantiate the claim of membership in a minority
				group or gender.