2021 New York Laws
EXC - Executive
Article 15-A - Participation by Minority Group Members and Women With Respect to State Contracts
311 - Division of Minority and Women's Business Development.

* § 311. Division of minority and women's business development. 1. The
head  of the division of minority and women's business development shall
be the director who shall be appointed by the governor and  hold  office
at  the  pleasure  of  the  commissioner.  It  shall  be the duty of the
director of the division of minority and women's business development to
assist the governor in the formulation and implementation  of  laws  and
policies relating to minority and women-owned business enterprises.
  2.  The  director  may  appoint  such  deputies, assistants, and other
employees as may be needed for the performance of the duties  prescribed
herein  subject to the provisions of the civil service law and the rules
and regulations of  the  civil  service  commission.  The  director  may
request  and shall receive from any department, division, board, bureau,
executive commission or agency of the state such assistance  as  may  be
necessary to carry out the provisions of this article.
  3. The director shall have the following powers and duties:
  (a)  to  encourage and assist contracting agencies in their efforts to
increase participation by minority and women-owned business  enterprises
on  state  contracts and subcontracts so as to facilitate the award of a
fair share of such contracts to them;
  (b) to develop standardized forms and reporting documents necessary to
implement this article;
  (c) to conduct educational programs consistent with  the  purposes  of
this article;
  (d)  to  review  periodically  the  practices  and  procedures of each
contracting agency with respect to compliance  with  the  provisions  of
this  article,  and  to  require  them to file periodic reports with the
division of minority and women's business development as to the level of
minority and  women-owned  business  enterprises  participation  in  the
awarding of agency contracts for goods and services;
  (d-1) to require all contracting state agencies to develop a four-year
growth   plan   to   determine  a  means  of  promoting  and  increasing
participation by minority-owned  and  women-owned  business  enterprises
with  respect  to  state  contracts  and subcontracts. Every four years,
beginning September fifteenth, two  thousand  twenty,  each  contracting
state  agency shall submit a four-year growth plan as part of its annual
report to the governor and legislature pursuant to section  one  hundred
sixty-four of this chapter.
  (e)  on  January  first  of  each  year report to the governor and the
chairpersons  of  the  senate  finance  and  assembly  ways  and   means
committees on the level of minority and women-owned business enterprises
participating  in  each agency's contracts for goods and services and on
activities of the office  and  effort  by  each  contracting  agency  to
promote  employment  of minority group members and women, and to promote
and increase participation by certified businesses with respect to state
contracts and subcontracts so as to facilitate the award of a fair share
of state contracts to such businesses. The comptroller shall assist  the
division  in  collecting  information  on the participation of certified
business for each contracting agency.  Such  report  may  recommend  new
activities and programs to effectuate the purposes of this article;
  (f)  to  prepare  and  update,  no  less than annually, a directory of
certified minority and women-owned  business  enterprises  which  shall,
wherever  practicable,  be  divided  into categories of labor, services,
supplies, equipment, materials and recognized  construction  trades  and
which  shall  indicate  areas  or  locations  of  the  state  where such
enterprises are available to perform services;
  (g) to appoint independent hearing officers who by contract  or  terms
of  employment  shall  preside  over  adjudicatory  hearings pursuant to

section three hundred fourteen of this article for the  office  and  who
are assigned no other work by the office;
  (h)  notwithstanding  the provisions of section two hundred ninety-six
of this chapter, to file a  complaint  pursuant  to  the  provisions  of
section  two hundred ninety-seven of this chapter where the director has
knowledge  that  a  contractor  may  have  violated  the  provisions  of
paragraph  (a),  (b)  or  (c)  of subdivision one of section two hundred
ninety-six of this chapter where such violation is  unrelated,  separate
or distinct from the state contract as expressed by its terms; and
  (i)  to  streamline  the state certification process to accept federal
and municipal corporation certifications;
  (j) to make publicly available records of all  waivers  of  compliance
reported  pursuant  to paragraph (b) of subdivision six of section three
hundred thirteen of this article on the division's website.
  4. The director shall provide assistance to, and facilitate access  to
programs  serving  certified  businesses as well as applicants to ensure
that such businesses benefit, as needed, from technical, managerial  and
financial,   and   general  business  assistance;  training;  marketing;
organization  and  personnel  skill  development;   project   management
assistance;   technology   assistance;   bond  and  insurance  education
assistance; and other  business  development  assistance.  The  director
shall  maintain  a  toll-free  number  at  the  department  of  economic
development  to  be  used  to  answer  questions  concerning  the   MWBE
certification   process.   In   addition,   the   director  may,  either
independently or in conjunction with other state agencies:
  (a) develop a clearinghouse of information on  programs  and  services
provided by entities that may assist such businesses;
  (b)  review  bonding and paperwork requirements imposed by contracting
agencies that may unnecessarily impede the ability of such businesses to
compete; and
  (c) seek to maximize utilization by minority and women-owned  business
enterprises  of available federal resources including but not limited to
federal grants,  loans,  loan  guarantees,  surety  bonding  guarantees,
technical  assistance,  and  programs  and services of the federal small
business administration.
  (d) conduct outreach events, training workshops, seminars,  and  other
such  educational  programs throughout the state, including all regional
offices, to state agencies, external stakeholders, and  the  public,  to
promote  awareness  and utilization of minority and women-owned business
enterprises; and
  (e) identify and establish mentorship opportunities and other business
development programs to increase capacity and better prepare  MWBEs  for
bidding  on  contracts with state agencies upon successful completion of
the mentorship  opportunity.  Such  mentorship  opportunities  shall  be
intended  to  ensure  that  mentor  and  mentee are connected based on a
commercially useful function.
  * NB Repealed December 31, 2024