Current through Register Vol. 46, No. 39, September 25, 2024
As used in these guidelines, the following terms shall have
the meanings indicated below:
(a)
Procurement contract -- any written agreement for the acquisition by the
Corporation of goods or personal services of any kind, in the actual or
estimated amount of $5,000 or more.
(b) Minority or women-owned business
enterprise -- any such business enterprise as defined in section
2879 (3)(c)(d) and
(e) of the Public Authorities Law.
"Public Authorities Law Section 2879 (3)
(c) An identification of those areas or types
of contracts for which minority or women-owned business enterprises may best
bid so as to promote and assist participation by such enterprises and
facilitate a fair share of the awarding of contracts to such enterprises. For
the purposes of this section, a minority business enterprise means any business
enterprise, including a sole proprietorship, partnership or corporation that
is:
(i) at least fifty-one percent owned by
one or more minority group members or in the case of a publicly-owned business
at least fifty-one percent of the common stock or other voting interests of
which is owned by one or more minority group members;
(ii) an enterprise in which the minority
ownership is real, substantial and continuing;
(iii) an enterprise in which the minority
ownership has and exercises the authority to control independently the
day-to-day business decisions of the enterprise; and
(iv) an enterprise authorized to do business
in New York state, independently owned and operated, and not dominant in its
field.
(d) For the
purposes of this section, a minority group member means a United States citizen
or permanent resident alien who is and can demonstrate membership in one of the
following groups:
(i) Black persons having
origins in any of the Black African racial groups not of Hispanic
origin;
(ii) Hispanic persons of
Mexican, Puerto Rican, Dominican, Cuban, Central or South American of either
Indian or Hispanic origin, regardless of race;
(iii) Asian and Pacific Islander persons
having origins in any of the Far East, Southeast Asia, the Indian sub-continent
or the Pacific Islands; or
(iv)
Native American persons having origins in any of the original peoples of North
America.
(e) For the
purposes of this section, a women-owned business enterprise means a business
enterprise, including a sole proprietorship, partnership or corporation which
is:
(i) at least fifty-one percent owned by
one or more United States citizens or permanent resident aliens who are women
or in the case of a publicly-owned business at least fifty-one percent of the
common stock or other voting interests of which is owned by United States
citizens or permanent resident aliens who are women;
(ii) an enterprise in which the ownership
interest of women is real, substantial and continuing;
(iii) an enterprise in which the women
ownership has and exercises the authority to control independently the
day-to-day business decisions of the enterprise; and
(iv) an enterprise authorized to do business
in New York state, independently owned and operated, and not dominant in its
field."
(c) Outside contractor -- a person,
firm or corporation performing personal services or providing goods for the
corporation pursuant to a procurement contract.
(d) Personal services -- any services
performed for the corporation for a fee or other compensation, including legal,
accounting, management consulting, investment banking, financial custody,
investment management, construction management, construction, repair, planning,
training, statistical research, public relations, architectural, engineering,
surveying or other consulting, professional or technical services. Personal
services shall not include any services performed for the corporation by its
employees within the scope of their employment responsibilities.
(e) Responsible official -- the president of
the corporation or such other officer or employee of the corporation who is
designated by the president to be responsible in one or more areas of the
corporation's activities for determining whether or not use of outside
contractors is appropriate for the procurement of personal services and for
selecting and supervising the work of outside contractors.
