N.Y. Comp. Codes R. & Regs. tit. 5 § 141.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 141.3 - Master goal plan

(a) Each State agency is responsible for and required to have an active master goal plan, or an update to the master goal plan as prescribed by the director, and a four-year growth plan, as described in section 141.3(e) of this Title, on file with the division.

(b) In the event a State agency is deficient with regard to the requirement set forth in subdivision (a) of this section, the subject State agency shall take affirmative measures to submit a master goal plan to the division within thirty (30) days of receipt of a written notice of such a deficiency.

(c) Such master goal plan shall include the following:

(1) Agency-specific goals set pursuant to section 141.2 of this Part for minority-owned business enterprises; women-owned business enterprises; and minority-and women-owned business enterprises;

(2) Agency-specific goals expressed as a percentage of aggregate agency expenditures, specifically including each of the following contracting categories, or in limited circumstances due to administrative necessity, other such categories established by the director, referenced in or pursuant to the Disparity Study:

(i) construction;

(ii) construction related services;

(iii) non-construction related services; and

(iv) commodities;

(3) A description of any practices, procedures, strategies or actions, in addition to those referenced in these regulations, that may be implemented by the agency to ensure maximum feasible participation by certified minority and women-owned business enterprises in State contracts;

(4) A list of personnel responsible for the implementation of article 15-A of the Executive Law, which shall include their title, a description of their responsibilities, the percentage of their time allocated to implementation of article 15-A of the Executive Law and the State agency organization chart showing lines of authority and reporting between listed personnel and senior executive staff;

(5) Any other applicable appropriation and expenditure which may not be subject to goals, but that the State agency deems relevant or necessary to the promotion and participation of minority-and women-owned business enterprises in State procurement; and

(6) Such other information that a State agency deems relevant or necessary to its master goal plan.

(d) The master goal plan shall be the basis for each State agency's prospective efforts, practices and procedures to reasonably achieve the maximum feasible participation of minority-and women-owned business enterprises in the State agency's procurement.

(e) Four-Year Growth Plan. Every four years, beginning September fifteenth, two thousand and twenty, each agency shall include in such annual report its four-year growth plan pursuant to section three hundred eleven of the executive law, to determine a means of promoting and increasing participation by minority-owned and women-owned business enterprises with respect to State contracts and subcontracts; and such reports shall be due in a form and manner as described by the director by no later than January 15th, beginning in 2021.

(f) Annual Growth Plan. Each State agency shall, in their master goal plan or master goal plan update, report to the director, all activities taken to promote minority group members and women, as well as the increased participation by certified minority or women-owned business enterprises on State contracts and subcontracts. Such submission as it pertains to this section shall be submitted to the division by no later than May 15 of each reporting year, or at such time as determined by the director.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 141.3

Added, New York State Register, Volume XXXVI, Issue 22, effective 6/4/2014

Amended New York State Register December 2, 2020/Volume XLII, Issue 48, eff. 12/2/2020