N.Y. Comp. Codes R. & Regs. tit. 5 § 141.7

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

Section 141.7 - State agencies' good faith efforts

(a) State agencies shall make a good faith effort to achieve the maximum feasible portion of the State agency's goals adopted pursuant to this title.

(b) To determine whether the State agency has exercised good faith, the director must consider the following:

(1) whether there are certified minority and/or women-owned business enterprises that could participate in the type of procurement opportunities that the agency has to offer as prime contractors or subcontractors;

(2) whether the State agency has attempted to unbundle State contracts and solicit bids from the certified minority and women-owned businesses;

(3) whether there are certified minority and/or women owned business enterprises, located outside of the regions in which State contracts are to be performed, that could participate in procurement opportunities;

(4) whether the State agency has considered encouraging joint ventures, teaming agreements, partnerships, or other similar arrangements between prime contractors and certified minority-and women-owned business enterprises to participate in the State agency's procurement opportunities;

(5) the number of opportunities that the State agency had to make discretionary purchases from certified minority and women-owned business enterprises versus the number of times the State agency actually made discretionary purchases from certified minority and women-owned business enterprises;

(6) the amounts paid to certified minority and women-owned business enterprises as a result of the State agency's discretionary purchasing as set forth in State Finance Law or other applicable law;

(7) whether the State agency developed selective bidder lists that included certified minority and/or women-owned business enterprises;

(8) the number of times that the State agency negotiated with certified minority and women-owned businesses directly;

(9) whether the State agency has processes and procedures in place to ensure that it has assessed each State contract for certified minority and women-owned business enterprise contract goals as required by section 142.2 of these regulations;

(10) whether the State agency's practices and procedures comport with article 15-A of the Executive Law and Part 142 of these regulations with respect to utilization plans, utilization reports and waivers.

(11) whether the State agency has submitted compliance reports pursuant to section 141.6 of this Part; and

(12) any other information submitted by the State agency or other criteria that the director deems relevant to determining whether the State agency exercised good faith, including but not limited to, the agency's compliance with the provisions of article 15-A of the Executive Law and these regulations.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 141.7

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