N.Y. Comp. Codes R. & Regs. tit. 5 § 142.11

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

Section 142.11 - Contractor compliance reports

(a) Contractor compliance reports shall be submitted by contractors with respect to State contracts for which a utilization plan was required and approved by a State agency.

(b) Contractor compliance reports shall be filed at intervals required by information, instructions or requirements pursuant to which bids and proposals have been solicited, or the terms and conditions of a State contract awarded pursuant to negotiation.

(c) A contractor compliance report shall include, but not be limited to, the following information:

(1) the name, address and telephone number of each certified minority or woman-owned business enterprise the contractor is using or intends to use to comply with the utilization plan;

(2) a brief description of the contract scope of work to be performed for the contractor by each certified minority or woman-owned business enterprise and the scheduled dates for performance;

(3) a statement of whether the contractor has a written agreement with each certified minority or woman-owned business enterprise, and if requested, copies of such agreements the contractor is using or intends to use;

(4) the actual total cost of the contract scope of work to be performed by each certified minority or woman-owned business enterprise for the contract; and

(5) the actual amounts of any payments made by the contractor to each certified minority or woman-owned business enterprise as of the date the compliance report was submitted.

(6) a statement indicating that the contractor complied with the requirement to provide written notice to any minority or women-owned business enterprise identified in the contractor's submitted utilization plan, of such contractor's receipt of the winning bid award. Upon request by an agency, a contractor must provide copies of the written notification that it sent to the minority or women-owned business enterprises that were identified in the contractor's utilization plan submitted in conjunction with its bid, in accordance with Section 142.4(d).

(d) Proceeds from State contracts that are paid to certified minority and women-owned business enterprises that are not performing commercially useful functions shall be disregarded by State agencies for utilization purposes.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 142.11

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