N.Y. Comp. Codes R. & Regs. tit. 5 § 142.2

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

Section 142.2 - Establishing contract goals and identifying subcontract opportunities for certified businesses

(a) Where practical, feasible and appropriate, and in a manner consistent with the findings of the disparity study, State agencies shall establish the following goals on all State contracts:

(1) overall minority and women-owned business enterprises;

(2) minority-owned business enterprises; and

(3) women-owned business enterprises.

(b) State agencies shall notify contractors in bid documents, requests for proposals, contract announcements advertisements or otherwise in writing of the goals established on State contracts.

(c) State agencies shall provide an electronic link to the current list of certified minority and women-owned business enterprises to each prospective contractor.

(d) In determining appropriate goals for a particular State contract, State agencies shall give consideration to the following factors:

(1) the contract and subcontract scope(s) of work;

(2) the potential subcontract opportunities available in the prime contract;

(3) the relevant availability data and industry specific disparities contained within the disparity study with respect to the scope of the contract and potential subcontracting opportunities;

(4) the number and types of certified minority-and women-owned business enterprises found in the directory of certified minority and women-owned businesses available to perform the State contract work;

(5) the geographic location of the contract performance;

(6) the extent to which geography is material to the performance of the contract;

(7) the ability of certified minority and women-owned enterprises located outside of the geographic location of contract performance, notwithstanding the regional location of the certified enterprise, to perform on the State contract;

(8) the total dollar value of the work required by the State contract in relation to the dollar value of the subcontracting opportunities;

(9) the relationship of the monetary size and term of the State contract to the monetary size and term of the project for which the State contract is awarded; and

(10) the agency's annual agency-specific goal established pursuant to section 141.2 of these regulations.

(e) In the event that a State contract is entered into on an emergency basis or where an amendment or change order has been added to a State contract providing for a total expenditure in excess of $25,000, the contracting agency may require the contractor to submit a utilization plan and to comply with the post award requirements of this Part during the life of the contract.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 142.2

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