2010 New York Code
EXC - Executive
Article 15-A - (310 - 318) PARTICIPATION BY MINORITY GROUP MEMBERS AND WOMEN WITH RESPECT TO STATE CONTRACTS
315 - Responsibilities of contracting agencies.

* § 315. Responsibilities of contracting agencies. 1. Each contracting
  agency  shall  be  responsible  for monitoring state contracts under its
  jurisdiction,  and  recommending  matters  to  the   office   respecting
  non-compliance  with  the  provisions of this article so that the office
  may take such action as is appropriate to  insure  compliance  with  the
  provisions  of  this  article, the rules and regulations of the director
  issued hereunder and the contractual  provisions  required  pursuant  to
  this  article.  All contracting agencies shall comply with the rules and
  regulations of the office and are directed to cooperate with the  office
  and  to  furnish to the office such information and assistance as may be
  required in the performance of its functions under this article.
    2. Each contracting agency shall  provide  to  prospective  bidders  a
  current copy of the directory of certified businesses, and a copy of the
  regulations required pursuant to sections three hundred twelve and three
  hundred  thirteen  of  this  article  at  the time bids or proposals are
  solicited.
    3. Each contracting agency shall report to the director  with  respect
  to activities undertaken to promote employment of minority group members
  and women and promote and increase participation by certified businesses
  with  respect to state contracts and subcontracts. Such reports shall be
  submitted periodically,  but  not  less  frequently  than  annually,  as
  required  by  the  director,  and  shall  include such information as is
  necessary for the director to determine whether the  contracting  agency
  and  contractor  have  complied  with  the  purposes  of  this  article,
  including,  without  limitation,  a  summary  of  all  waivers  of   the
  requirements  of  subdivisions  six  and  seven of section three hundred
  thirteen of this article allowed by the contracting  agency  during  the
  period  covered  by  the report, including a description of the basis of
  the waiver request and the rationale for granting any such waiver.  Each
  agency  shall  also  include in such annual report whether or not it has
  been required to prepare a remedial plan, and, if so, the plan  and  the
  extent to which the agency has complied with each element of the plan.
    4.  The  division  of  minority and women's business development shall
  issue an annual report which: (a) summarizes  the  report  submitted  by
  each  contracting  agency pursuant to subdivision three of this section;
  (b) contains such comparative or other information as the director deems
  appropriate, including but not  limited  to  goals  compared  to  actual
  participation  of minority and women-owned business enterprises in state
  contracting, to evaluate the effectiveness of the activities  undertaken
  by  each  such  contracting agency to promote increased participation by
  certified minority or  women-owned  businesses  with  respect  to  state
  contracts and subcontracts; (c) contains a summary of all waivers of the
  requirements  of  subdivisions  six  and  seven of section three hundred
  thirteen of this article allowed by each contracting agency  during  the
  period  covered  by  the report, including a description of the basis of
  the waiver request and the contracting agency's rationale  for  granting
  any such waiver; (d) describes any efforts to create a database or other
  information storage and retrieval system containing information relevant
  to  contracting  with minority and women-owned business enterprises; and
  (e) contains a summary of (i) all determinations of violations  of  this
  article  by  a contractor or a contracting agency made during the period
  covered by the annual report pursuant to section three hundred sixteen-a
  of this article and (ii) the penalties or sanctions, if any, assessed in
  connection with such determinations and the rationale for such penalties
  or sanctions. Copies of the annual  report  shall  be  provided  to  the
  commissioner,  the governor, the comptroller, the temporary president of
  the senate, the speaker of the assembly,  the  minority  leader  of  the
  senate,  the  minority  leader  of  the  assembly and shall also be made

widely available to the public via, among other things, publication on a
  website maintained by the division  of  minority  and  women's  business
  development.
    5.  Each agency shall include in its annual report to the governor and
  legislature pursuant to section one hundred sixty-four of the  executive
  law  its  annual goals for contracts with minority-owned and women-owned
  business  enterprises,  the  number  of  actual  contracts   issued   to
  minority-owned  and  women-owned  business enterprises; and a summary of
  all waivers of the requirements of subdivisions six and seven of section
  three hundred thirteen of this article allowed by the  reporting  agency
  during  the  preceding year, including a description of the basis of the
  waiver request and the rationale for granting such waiver.  Each  agency
  shall  also  include  in  such  annual report whether or not it has been
  required to prepare a remedial plan, and, if so, the plan and the extent
  to which the agency has complied with each element of the plan.
    6. Each contracting agency that substantially fails to meet the  goals
  supported  by  the  disparity  study,  as  defined  by regulation of the
  director, shall be required to submit to the director a remedial  action
  plan to remedy such failure.
    7.   If it is determined by the director that any agency has failed to
  act in good faith to implement the remedial  action  plan,  pursuant  to
  subdivision  six  of  this  section  within one year, the director shall
  provide written notice of  such  a  finding,  which  shall  be  publicly
  available, and direct implementation of remedial actions to:
    (a) assure that sufficient and effective solicitation efforts to women
  and minority-owned business enterprises are being made by said agency;
    (b)  divide  contract  requirements,  when economically feasible, into
  quantities  that  will   expand   the   participation   of   women   and
  minority-owned business enterprises;
    (c) eliminate extended experience or capitalization requirements, when
  programmatically   and   economically   feasible,   that   will   expand
  participation by women and minority-owned business enterprises;
    (d) identify specific proposed contracts as particularly attractive or
  appropriate for  participation  by  women  and  minority-owned  business
  enterprises  with such identification to result from and be coupled with
  the efforts of paragraphs (a), (b), and (c) of this subdivision; and
    (e) upon a finding by the director that an agency has failed  to  take
  affirmative measures to implement the remedial plan and to follow any of
  the  remedial  actions  set forth by the director, and in the absence of
  any objective progress towards the agency's goals, require some  or  all
  of  the  agency's procurement, for a specified period of time, be placed
  under the direction and control of another agency or agencies.
    * NB Expires December 31, 2016