Current through Register Vol. 45, No. 52, December 27, 2023
(a) Only
eligible technical assistance recipients and eligible technical assistance
providers proposing to provide assistance to eligible technical assistance
recipients may apply for technical assistance from the corporation. No
applicant that is an individual shall constitute an eligible technical
assistance recipient or eligible technical assistance provider if he or she
shall be an employee of the State or of any instrumentality of the State or a
member of the immediate family of any such employee. No applicant that is an
entity shall constitute an eligible technical assistance recipient or an
eligible technical assistance provider if it shall be owned, controlled or
operated by any person, partnership, corporation or other entity, a controlling
interest of which is legally or beneficially owned by one or more employees of
the State or of any instrumentality of the State, or by any member of the
immediate family of any such employee.
(1) In
order to constitute an eligible technical assistance recipient, an applicant
must satisfy the criteria set forth in this subdivision as well as the
following:
(i) the applicant is an individual
or unincorporated association proposing to establish a minority or woman-owned
business enterprise; or
(ii) the
applicant is a minority or woman-owned business enterprise.
(2) In order to constitute an
eligible technical assistance provider, an applicant must satisfy the criteria
set forth in this subdivision as well as the following:
(i) the applicant is a not-for-profit
corporation licensed to conduct business in New York State proposing to
provide, or the applicant is a government agency, authority, public benefit
corporation or municipality that has established or proposes to establish a
program that provides, consulting services including, but not limited to,
legal, financial, engineering, architectural or other professional services, to
or on behalf of:
(a) minority and/or
women-owned business enterprises; or
(b) individuals or unincorporated
associations proposing to establish minority or women-owned business
enterprises; or
(ii) the
applicant is a not-for-profit corporation licensed to conduct business in New
York State proposing to provide, or the applicant is a government agency,
authority, public benefit corporation or municipality that has established or
proposes to establish a program that provides, technical assistance including,
but not limited to, technical assistance provided through seminars, classes,
training programs and forums for or on behalf of minorities and women
interested in or involved in the establishment or development of minority and
women-owned business enterprises. Such technical assistance may include the
provision of information on the existence and nature of technical assistance
and other program assistance available from the corporation, as well as
assistance available from other public and private sources;
(iii) the applicant is an individual or
entity that has entered into a contract with the corporation to provide
technical assistance pursuant to subparagraph (c)(1)(i) of this section;
or
(iv) the applicant is an
eligible contracting agency that has applied for government contractor
technical assistance on behalf of an eligible government
contractor(s).
(b) Technical assistance consists of
technical assistance grants made by the corporation to eligible technical
assistance recipients and eligible technical assistance providers in such
amounts as the corporation shall determine are necessary for the assistance
required, within the parameters set forth below. In no event shall technical
assistance be granted to finance the costs to any eligible technical assistance
recipient or eligible technical assistance provider of:
(1) any tax or employee benefit arrearage;
or
(2) expenses incurred prior to
the date an eligible technical assistance recipient or eligible technical
assistance provider applies for technical assistance.
(c) Forms of technical assistance. The forms
of technical assistance which may be granted shall include, but not be limited
to, the following:
(1) assistance to eligible
technical assistance recipients in the procurement of professional consulting
services including, but not limited to, marketing, accounting, managerial,
legal, engineering and architectural services, required to establish a new
minority or women-owned business enterprise or to expand, reorganize, etc. an
existing minority or woman-owned business enterprise; with respect to technical
assistance granted pursuant to this paragraph, the amount of any such
assistance shall not be less than $5,000 and generally shall not exceed
$50,000; and
(i) the corporation may enter
into contracts with eligible technical assistance providers that are
individuals or entities possessing special expertise (e.g., legal, accounting,
etc.) to provide technical assistance to eligible technical assistance
recipients;
(2)
assistance to eligible technical assistance providers in the provision of
services as set forth in paragraph (a)(2) of this section; the amount of any
technical assistance granted pursuant to this paragraph generally shall not be
less than $50,000 and generally shall not exceed $150,000; and
(3) government contractor technical
assistance to eligible contracting agencies on behalf of eligible government
contractors, as more particularly described in subdivision (d) of this
section.
(d) Government
contractor technical assistance.
(1)
Government contractor technical assistance consists of technical assistance
grants made by the corporation to eligible contracting agencies which have
established, or propose to establish, a program to provide technical assistance
to eligible government contractors. Eligible contracting agencies must use
government contractor technical assistance to provide technical assistance to
or on behalf of such contractors including, but not limited to, technical
assistance provided through consulting services (e.g., legal, financial,
engineering, architectural and other professional services), seminars, classes,
training programs and forums. Government contractor technical assistance grants
shall generally not be less than $50,000 or exceed $200,000. In no event shall
the corporation grant government contractor technical assistance funds for the
administrative and other indirect costs and operating expenses incurred or
expected to be incurred by an eligible contracting agency in the implementation
of a technical assistance program pursuant to this subdivision.
(2) Applications for government contractor
technical assistance shall be submitted to the corporation by eligible
contracting agencies in response to requests for proposals issued by the
corporation issued on a periodic basis. Said applications shall set forth,
without limitation:
(i) the manner and scope
in which the eligible contracting agency's program assists or proposes to
assist eligible government contractors;
(ii) the method by which the eligible
contracting agency selected or proposes to select the contractors that shall
receive technical assistance pursuant to the proposed government contractor
technical assistance grant;
(iii)
the qualifications of any technical assistance providers proposed to provide
technical assistance to said contractors and the method by which such providers
were selected; and
(iv) the amount
of government contractor technical assistance requested, including a budget for
the use thereof.
(e) Application procedures. The corporation
shall accept and review applications for technical assistance submitted as
follows:
(1) Applications from eligible
technical assistance recipients shall be submitted in the form of a written
request which sets forth, without limitation:
(i) the nature and scope of the technical
assistance requested and the applicant's need therefor;
(ii) the qualifications of any technical
assistance providers proposed by the applicant; and
(iii) the amount of technical assistance
requested, including a budget for the use thereof.
In no event shall technical assistance be granted to fund the
provision of technical assistance by any firm, company, association,
corporation or organization in which any owner, member of the governing body or
officer or employee (or an immediate family member of any such owner, member of
the governing body or officer or employee) of an eligible technical assistance
recipient or an eligible technical assistance provider shall have any legal or
beneficial interest.
(2) Applications from eligible technical
assistance providers shall be submitted in the form of a written proposal which
sets forth, without limitation:
(i) the scope
and type of technical assistance proposed to be provided by the applicant and
the need therefor;
(ii) the
qualifications of the applicant to provide such technical assistance;
and
(iii) the amount of technical
assistance requested, including a budget for the use thereof.
(3) Applications from eligible
contracting agencies for government contractor technical assistance shall be
submitted in accordance with subdivision (d) of this section.
(f) Evaluation criteria. The
corporation shall evaluate applications for technical assistance based on a
consideration of various factors, including, without limitation:
(1) the availability of technical assistance
funds;
(2) the extent to which the
requested technical assistance will aid in the establishment, retention or
expansion of minority and/or women-owned business enterprises in New York
State;
(3) in the case of eligible
technical assistance recipients, the extent to which the application documents:
(i) relevant business experience of the
applicant strongly indicating a probability of success in the business venture
to which the requested technical assistance relates;
(ii) the financial need of the applicant for
the requested technical assistance; and
(iii) the ability, experience and
qualifications of any proposed technical assistance providers;
(4) in the case of eligible
technical assistance providers, the ability, experience and qualifications of
the applicant proposing to provide the services for which technical assistance
is requested; and
(5) in the case
of applications for government contractor technical assistance submitted by an
eligible contracting agency:
(i) the method
by which the eligible contracting agency selected or proposes to select the
eligible government contractors that shall receive technical assistance
pursuant to the government contractor technical assistance grant; and
(ii) the extent to which any eligible
government contractor identified in the application and proposed to be assisted
has successfully performed on any past or present government contract(s) with
such eligible contracting agency.
