N.Y. Comp. Codes R. & Regs. tit. 5 § 146.2

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

Section 146.2 - The division's annual report

(a) The division shall submit an annual report to the Chief Diversity Officer on or before November 1st of each year which:

(1) summarizes the report submitted by each contracting agency pursuant to Section 141.6 of Part 141 of this Title;

(2) contains such comparative or other information as the director deems appropriate, including, but not limited to, goals compared to actual participation of certified minority and women-owned business enterprises in State contracting, to evaluate the effectiveness of the activities undertaken by each such contracting agency to promote increased participation by certified minority and women-owned business enterprises with respect to State contracts and subcontracts;

(3) contains a summary of all waivers granted by each contracting agency pursuant to Section 142.7 of Part 142 of this Title 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;

(4) contains 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;

(5) describes any efforts to create a database or other information storage and retrieval system containing information relevant to contracting with certified minority and women-owned business enterprises; and

(6) 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; and

(ii) the penalties or sanctions, if any, assessed in connection with such determinations and the rationale for such penalties or sanctions.

(7) Contains information on which expenditures each agency deemed exempt from participation goals and the rationale for each such exemption;

(b) 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.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 146.2

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