New York Codes, Rules and Regulations
Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter XIV - Division of Minority and Women's Business Development
Part 142 - Requirements And Procedures Regarding Participation By Certified Minority- And Women-owned Business Enterprises On State Contracts
Section 142.4 - Utilization plans
Current through Register Vol. 46, No. 12, March 20, 2024
(a) State agencies shall require contractors to submit utilization plans for achieving contract goals established for the participation of certified minority and women-owned business enterprises performing commercially useful functions in relation to State contracts. A form for the utilization plan shall be provided by the State agency to the contractor for any request for bids, proposals or qualifications, or negotiated contracts, for which contract goals are established with:
(b) Utilization plan forms submitted by contractors shall include, at a minimum, the following required information:
(c) In the event that a contractor responding to a State agency's solicitation is a joint venture, teaming agreement, or other similar arrangement that includes a certified minority and women-owned business enterprise, such a contractor must submit the following to the State agency for its review and approval:
(d) To the extent practicable, upon completion of the restrictive period of a procurement, each contracting agency when notifying a contractor of a winning bid award shall also notify 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 completion of the restrictive period of a procurement, each contractor of a winning bid award shall also 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. Notice by a contracting agency of a minority or women-owned business being placed on a utilization plan that is part of a contractor's winning bid, does not guarantee that such minority or women-owned business will be selected to perform work on that contract.
(e) Certified minority or women-owned business enterprises may list themselves on utilization plans toward the achievement of prescribed certified minority and women-owned business enterprise contract goals.
(f) 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.