New York Codes, Rules and Regulations
Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter XIV - Division of Minority and Women's Business Development
Part 141 - State Agency Responsibilities
Section 141.7 - State agencies' good faith efforts
Universal Citation: 5 NY Comp Codes Rules and Regs ยง 141.7
Current through Register Vol. 46, No. 12, March 20, 2024
(a) State agencies shall make a good faith effort to achieve the maximum feasible portion of the State agency's goals adopted pursuant to this title.
(b) To determine whether the State agency has exercised good faith, the director must consider the following:
(1) whether
there are certified minority and/or women-owned business enterprises that could
participate in the type of procurement opportunities that the agency has to
offer as prime contractors or subcontractors;
(2) whether the State agency has attempted to
unbundle State contracts and solicit bids from the certified minority and
women-owned businesses;
(3) whether
there are certified minority and/or women owned business enterprises, located
outside of the regions in which State contracts are to be performed, that could
participate in procurement opportunities;
(4) whether the State agency has considered
encouraging joint ventures, teaming agreements, partnerships, or other similar
arrangements between prime contractors and certified minority-and women-owned
business enterprises to participate in the State agency's procurement
opportunities;
(5) the number of
opportunities that the State agency had to make discretionary purchases from
certified minority and women-owned business enterprises versus the number of
times the State agency actually made discretionary purchases from certified
minority and women-owned business enterprises;
(6) the amounts paid to certified minority
and women-owned business enterprises as a result of the State agency's
discretionary purchasing as set forth in State Finance Law or other applicable
law;
(7) whether the State agency
developed selective bidder lists that included certified minority and/or
women-owned business enterprises;
(8) the number of times that the State agency
negotiated with certified minority and women-owned businesses
directly;
(9) whether the State
agency has processes and procedures in place to ensure that it has assessed
each State contract for certified minority and women-owned business enterprise
contract goals as required by section
142.2
of these regulations;
(10) whether
the State agency's practices and procedures comport with article 15-A of the
Executive Law and Part 142 of these regulations with respect to utilization
plans, utilization reports and waivers.
(11) whether the State agency has submitted
compliance reports pursuant to section
141.6
of this Part; and
(12) any other
information submitted by the State agency or other criteria that the director
deems relevant to determining whether the State agency exercised good faith,
including but not limited to, the agency's compliance with the provisions of
article 15-A of the Executive Law and these regulations.
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