2022 New York Laws
EXC - Executive
Article 15-A - 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  ensure  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.
  2-a. To the extent practicable, upon  completion  of  the  restrictive
period  of  a  procurement,  each  contracting  agency  when notifying a
contractor of a winning bid award shall  also  notify  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.
  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  no  later  than May fifteenth of every year and shall include
such information as is necessary for the director to  determine  whether
the contracting agency and any contractor to the contracting agency 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 and any instances in which the
contract agency has deemed a contractor to have  committed  a  violation
pursuant to section three hundred sixteen of this article and such other
information  as  the  director  shall  require.  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 and a listing of annual participation rates for each agency,
the  total  number  of certified minority and women-owned businesses for
that reporting year, and the total dollar value of state expenditures on
certified minority and women-owned business contracts  and  subcontracts
for that reporting year, 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 this  chapter:
(a)  its  annual goals for contracts with minority-owned and women-owned
business enterprises; (b) the  number  of  actual  contracts  issued  to
minority-owned  and  women-owned  business enterprises; (c) 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;  (d)  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; (e) which expenditures are exempt from participation goals
and the  rationale  for  such  exemption;  and  (f)  every  four  years,
beginning  September  fifteenth,  two thousand twenty, each agency shall
include in such annual report its  four-year  growth  plan  pursuant  to
section three hundred eleven of this article.
  6.  Each  contracting  agency  that substantially fails to make a good
faith effort as defined by regulation of 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.
  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 Repealed December 31, 2024