N.Y. Comp. Codes R. & Regs. tit. 5 § 141.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 141.8 - State agency remediation

(a) Each State agency that substantially fails to make a good faith effort as defined by the director to achieve the maximum, feasible participation of minority and women-owned business enterprises in such agency's contracting shall be required to submit to the director a remedial action plan to remedy such failure.

(b) Such remedial action plan shall, at a minimum, identify the factors that contributed to the State agency's substantial failure to meet its agency-specific goals and outline strategies, practices, procedures and measures that the State agency will employ to reasonably meet the maximum feasible portion of the agency-specific goals.

(c) If it is determined by the director that any State agency has failed to act in good faith to implement the remedial action plan, within one year, the director shall provide written notice of such a finding, which shall be publicly available, and direct implementation of the following affirmative measures, as appropriate:

(1) expansion of sufficient and effective solicitation efforts to certified minority and women-owned business enterprises;

(2) review of all procurement opportunities to determine whether procurements can be unbundled into smaller quantities that may expand the participation of certified minority and women-owned business enterprises;

(3) elimination of extended experience, capitalization requirements, or bonding requirements, where feasible, as a means to expand participation by certified minority and women-owned business enterprises;

(4) identification of specific expenditures as particularly attractive or appropriate for participation by certified minority and women-owned business enterprises; and

(5) maximization of the number of awards made to certified minority and women-owned business enterprises pursuant to section 163(6) of the State Finance Law.

(d) Upon a finding by the director that a State agency has failed to take affirmative measures to implement the remedial action plan and to follow any of the remedial actions set forth by the director, and in the absence of any objective progress towards the State agency's goals, the director may require that some or all of the State agency's procurements, for a specified period of time, be placed under the direction and control of another State agency or agencies.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 141.8

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