2010 New York Code
EXC - Executive
Article 15-A - (310 - 318) PARTICIPATION BY MINORITY GROUP MEMBERS AND WOMEN WITH RESPECT TO STATE CONTRACTS
313-A - Diversity practices of state contractors.

* §  313-a.  Diversity  practices  of  state contractors. The director
  shall promulgate  rules  and  regulations  setting  forth  measures  and
  procedures  to  require  all  contracting  agencies,  where practicable,
  feasible  and  appropriate,  to  assess  the  diversity   practices   of
  contractors submitting bids or proposals in connection with the award of
  a  state  contract.  Such rules and regulations shall take into account:
  the nature of the labor,  services,  supplies,  equipment  or  materials
  being  procured  by the state agency; the method of procurement required
  to be used by a state agency to award  the  contract  and  minority  and
  women-owned business utilization plans required to be submitted pursuant
  to  sections  three  hundred  twelve  and three hundred thirteen of this
  article; and such other factors as the  director  deems  appropriate  or
  necessary  to promote the award of state contracts to contractors having
  sound diversity practices. Such assessment shall not in any  way  permit
  the  automatic rejection of a bid or procurement contract proposal based
  on lack of adherence to diversity practices. Each bid or proposal  shall
  be  analyzed  on  an  individual  per bid or per proposal basis with the
  contractor's diversity practices considered as only a part  of  a  wider
  consideration  of  several  factors when deciding to award or decline to
  award a bid or proposal.  The  director  shall  develop  the  rules  and
  regulations  required  hereunder  only after consultation with the state
  procurement council established by section one hundred sixty-one of  the
  state finance law.
    * NB Effective October 13, 2010
    * NB Expires December 31, 2016