N.Y. Comp. Codes R. & Regs. tit. 5 § 141.5

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

Section 141.5 - State agency master goal plan review.

(a) The director shall review the agency master goal plan to determine

(1) whether the goals within the plan are reasonable and reflective of a process that has employed a rigorous assessment of the agency's total procurement portfolio as it relates to the participation of minority-and women-owned business enterprises in agency contracts;

(2) whether the factual basis and supporting documentation for such goals comport with the requirements set forth in section 141.2 of this Part;

(3) whether the goals set by the State agency adequately reflect the availability of certified minority and women-owned business enterprises for the agency's contracts; and

(4) whether other factors raised in the master goal plan have a legitimate substantive impact on the goals set by the State agency.

(b) Following the submission of a master goal plan by a State agency and review of such a master goal plan by the director, the director shall:

(1) provide written notice of the acceptance of the master goal plan;

(2) provide written notice of and reasoning for the rejection of the master goal plan and direct the agency to submit new goals in accordance with this Part and instruction by the director;

(3) provide written notice of the necessity for an extension of the time period during which the master goal plan will be reviewed; or

(4) provide written notice of the need for additional documentation or explanation, which shall be provided by the agency within a time frame as set forth by the director.

(c) Where subsequent to a State agency's submission of a master goal plan the director determines that a State agency has failed to achieve its good faith standard, as defined in section 141.7 of this Part, the director shall, notwithstanding subdivision (b) of this section, direct in writing that the annual agency-specific goals, as required by 141.2 of this Part, be adjusted as set forth by the director and adopted by the subject State agency.

(d) A State agency shall resubmit its master goal plan within thirty (30) days of receipt of a notice of rejection incorporating recommended modifications or stating any reasons why modifications recommended by the director cannot be incorporated in the State agency's master goal plan.

(e) Updates to the master goal plan submitted by a State agency shall be subject to the same provisions, contained within this section, that govern the review of master goal plans.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 141.5

Added, New York State Register, Volume XXXVI, Issue 22, effective6/4/2014

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