N.Y. Comp. Codes R. & Regs. tit. 5 § 141.2

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

Section 141.2 - Annual State agency-specific goals

(a) Each State agency shall develop and adopt agency-specific goals in accordance with Section 313 (1-b) and Section 313 (1-c) of the Executive Law, and which are consistent with the finding of the disparity study.

(b) Agency-specific goals shall be reflected in the State agency's master goal plan and any subsequent updates to the master goal plan, as well as for any four-year growth plan, for the inclusion of certified:

(1) minority-owned business enterprises;

(2) women-owned business enterprises; and

(3) minority and women-owned business enterprises with justifications for such goals.

(c) Agency-specific goals shall be set upon a review of the scope, character and relevant expenditures associated with the State contracts that are expected to be let or performed during the relevant fiscal year and shall be based on specific factors concerning said State contracts, which shall include, where applicable, the following:

(1) Statewide availability of minority-and women-owned business enterprises for construction, construction related services, non-construction related services and commodities contained within the Disparity Study and section 313(1) of article 15-A of the Executive Law;

(2) Statewide disparities of minority or women-owned business participation in State contracting for construction, construction related services, non-construction related services or commodities that the agency expects to contract for, as reflected in the Disparity Study;

(3) The availability of certified minority-and women-owned business enterprises for the State agency's State contracts found in the Directory of Certified Minority and Women-Owned Businesses (https://ny.newnycontracts.com);

(4) The geographic location(s) of the performance of the State agency's contracts;

(5) The extent to which geography is material to the performance of the State contract and the ability of certified minority and women-owned business enterprises that are located outside of the geographic location(s) to perform on State contracts notwithstanding their location; and

(6) Such other factors as the State agency can specifically delineate and justify with supporting facts and documentation.

(d) Agency-specific goals shall be established on a State fiscal year basis or, where the State agency operates on a different fiscal year and upon the approval of the director, the State agency's fiscal year.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 141.2

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