Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, the opportunity for full participation in our free
enterprise system by traditionally socially and economically disadvantage
persons is essential if we are to obtain social and economic equality for such
persons and improve the functioning of our State economy; and
WHEREAS, in pursuit of economic opportunity for all
persons, it is the policy of the State of New York to foster and promote the
employment of minority group members and women and the development of minority
and women-owned business enterprises and to develop a program designed to
address their unique needs and circumstances; and
WHEREAS, important methods of directing our efforts are (a)
to establish an office to guide and oversee a contract compliance and minority
and women-owned business enterprise program; (b) to specify the authority of
the Commissioners of Commerce and General Services to implement programs in
support of minority and women-owned business enterprises; (c) to provide
additional technical and management assistance to minority and women-owned
business enterprises; (d) to establish an Executive Committee on Minority and
Women-Owned Business Development to provide assistance in coordinating the
participation of all State departments, agencies and public authorities in an
enhanced minority and women-owned business enterprise effort; and (e) to
develop a process to insure that only bona fide minority and women-owned
business enterprises benefit from the program provided pursuant to this
Executive Order; and
WHEREAS, it is necessary to implement performance reporting
systems to promote the employment of minority group members and women and the
procurement of goods and services produced by minority and women-owned business
enterprises;
NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of
New York, by virtue of the authority vested in me by the Constitution and Laws
of the State of New York, do hereby order as follows:
Article I.
Office of Contract
Compliance and Minority and Women-Owned Business Enterprise.
There is hereby created in the Executive Chamber an Office
of Contract Compliance and Minority and Women-Owned Business Enterprise (the
"Office"), which shall be responsible for guiding and overseeing the programs
of all entities covered by this Order aimed at increasing opportunities for
minority group members and women and minority and women entrepreneurs to
participate in State construction and procurement programs. The Office will be
headed by a director appointed by the Governor. The director will be a member
of the staff of the Executive Chamber and report directly to the
Governor.
1. The Office shall:
(a) Establish procedures and guidelines to
insure that contractors undertake programs of affirmative action for the
employment of minority group members and women, to the extent consistent with
existing law. The procedure may require, to the extent consistent with existing
law, the submission of an affirmative action program prior to the award of any
contract, or at any time thereafter, and may require the submission of
compliance reports relating to the operation and implementation of a
contractor's affirmative action program.
(b) Develop a comprehensive statewide plan
and operational guidelines to promote minority and women-owned business
enterprises and to assist them in obtaining a fair share of contracts for
procurement of goods and services awarded by the State, including
identification of barriers to minority and women-owned business enterprise
development and investigation and evaluation of their effect on achieving the
objectives of this Order.
(c)
Establish regular performance reporting systems regarding implementation of
programs designed to increase minority and women-owned business enterprise
participation in procurement contracts by State departments, agencies and
public authorities.
(d) Supervise
the administration of the certification procedure established pursuant to
subdivision (a) of Article III of this Order.
(e) Review existing State contracting
procedures and make recommendations concerning amendments which would
facilitate award of State contracts to minority and women-owned business
enterprises.
(f) Initiate and
promote the development of programs and coordinate the use of resources of
State and local governments, business and trade associations, universities,
foundations, professional organizations, and volunteer and other groups towards
the growth of minority and women-owned business enterprises, and act as a
liaison in the coordination of the efforts of these groups with those of other
Federal, State and local departments and agencies charged with responsibility
in this area.
(g) Annually review
the reports of each State agency, department or public authority covered by
this Order on its activities to promote minority and women-owned business
enterprise development and identify the reporting entity's achievements,
deficiencies, proposed solutions to problems, needs for external assistance and
such other matters as may be appropriate or requested. The Office shall
annually advise the Governor on the activities of the State agencies,
departments and public authorities in effecting the provisions of this Order
and may from time to time advise the Governor with respect to the actions and
compliance with this Order of any departments, agencies or public
authorities.
(h) Request reports
and statements, as it deems necessary or desirable, from any department, agency
or public authority, as appropriate, on their respective activities on behalf
of minority and women-owned business enterprises pursuant to the provisions of
this Order.
(i) Submit to the
Governor, and the appropriate committees of the Legislature, by December 1 of
each year, commencing 1983, a full report of its activities hereunder during
the previous 12 months. Further, the Office shall, by September 30 of each year
beginning in 1984, submit to the Governor its recommendations for legislation
or other action it deems desirable to promote the purpose of this
Order.
(j) Prepare a comprehensive
report of the accomplishments of any contract compliance and minority and
women-owned business enterprise program previously established, incorporating
recommendations. The report shall be submitted to the Governor by January 1,
1984.
(k) Undertake such other
activities as the Governor may require to fulfill the purposes of this
Order.
2. Powers and
duties of the Director of the Office of Contract Compliance and Minority and
Women- Owned Business Enterprise.
(a) The
director shall make recommendations to the Commissioner of General Services
concerning State contract and bid terms to insure compliance with the
provisions of this Order.
(b) In
implementing the provisions of this Order, the director shall review and make
recommendations concerning agency rules, regulations and procedures concerning
contracting activities, consistent with the purpose and intent of this Order
and applicable statutes.
(c) The
director may issue guidelines and require agency or contractor submissions to
the director in a form prescribed by the director in order to effectuate the
provisions of this Order.
(d) The
director shall require, to the extent authorized by law, that notice of
specific employment opportunity responsibilities imposed by this Order shall be
included in any bid specifications or requests for proposals for all State
contracts for construction, procurement, design and services.
(e) The director shall conduct a study, with
the assistance of the Director of the Women's Division and the Commissioners of
Commerce and General Services, to determine the status of women-owned business
enterprises in State contracting activities and to make recommendations
concerning methods to assist these enterprises and make appropriate
goals.
Article
II.
Function of the Commissioner of Commerce
The Commissioner of Commerce shall:
(a) Develop, collect, summarize and
disseminate information that will be helpful to persons and organizations
throughout the State in undertaking or promoting the establishment and
successful operation of minority and women-owned business
enterprises.
(b) Develop and make
available to State agencies a registry of potential minority and women-owned
business enterprises conducting or desiring to conduct business within the
State.
(c) Assist State
departments, agencies and public authorities in the development of programs to
foster and promote minority and women-owned business enterprises and to assure
participation of minority and women-owned business enterprises in State
contracts.
Article III.
Function of the Commissioner of General Services
The Commissioner of General Services shall:
(a) Develop and begin implementation of a
procedure of certification of minority and women-owned business enterprises
which will utilize existing agency certification procedures. The Commissioner
shall report to the Governor and the director on the procedure developed,
including an analysis of existing certification procedures of State
departments, agencies and public authorities, and shall make recommendations as
to the incorporation of such procedures into a statewide certification program
available to all agencies, departments and public authorities.
(b) Coordinate training of all procurement
personnel of State departments, agencies and public authorities, emphasizing
increased sensitivity and responsiveness to the unique needs and requirements
of minority and women-owned business enterprises.
(c) With the assistance of the director,
conduct a coordinated review of all existing and proposed State training and
technical assistance activities in direct support of the minority and
women-owned business enterprise development program to assure consistency with
the objectives of this Order.
(d)
Render technical assistance to the director and other State agencies respecting
practicable methods and procedures designed to facilitate and increase the
participation of minority and women-owned business enterprises in the
procurement of goods and services by departments, agencies and public
authorities.
Article IV.
Establishment of the Governor's Executive Committee on Minority and
Women-Owned Business Development
The Governor's Executive Committee on Minority and
Women-Owned Business Development (hereinafter referred to as the "Executive
Committee") is hereby established. The membership of the Executive Committee
shall consist of the following or their designees: the Commissioner of
Commerce, who shall serve as chairperson, the Commissioner of General Services,
who shall serve as vice-chairperson, the Secretary to the Governor, the
Secretary of State, the Director of the Women's Division, the Director of the
Budget, the Commissioner of Labor, the Commissioner of Transportation, the
Commissioner of Environmental Conservation, the Superintendent of Banking and
the Superintendent of Insurance. The Director shall attend all meetings of the
Executive Committee, and serve as Secretary to the Executive Committee.
Any person designated by a member to attend Executive
Committee meetings shall be a deputy commissioner or equivalent position. The
Executive Committee shall meet not less frequently than quarterly.
It shall be the responsibility of the Executive Committee
to advise and assist the Governor and the director in developing programs to
enhance opportunities for minority and women-owned business enterprise
participation in State construction and procurement programs.
Article V.
Advisory Council for
Minority and Women-Owned Business Enterprise
1. The Advisory Council for Minority and
Women-Owned Business Enterprise (hereinafter referred to as the "Council") is
hereby established.
2. The Council
shall be composed of 11 members appointed by the Governor from among persons,
including, but not limited to, members of minority groups and women and
representatives from minority and women-owned business enterprises. The members
shall serve for a term of two years and may be reappointed. The Governor shall
designate the chairperson and vice-chairperson of the Council.
3. The Council shall be advisory to the
Executive Committee and shall meet at the request of the Executive Committee in
which capacity it shall:
(a) Serve as a source
of knowledge and information on developments in different fields and segments
of our economic and social life which affect minority and women-owned business
enterprises.
(b) Keep informed of
plans, programs and activities in the public and private sectors which relate
to minority and women-owned business enterprises, and advise the Executive
Committee, upon its request, on any measures to better achieve the objectives
of this Order.
(c) The Chairperson
of the Executive Committee shall arrange for technical assistance for the
Advisory Council from procurement personnel of the State agencies.
Article VI.
Responsibilities of Other State Departments, Agencies and Public
Authorities
1. The head of each
State department, agency and public authority covered by this Order, when
requested, shall furnish information, assistance and reports to, and shall
otherwise cooperate with, the Commissioners of Commerce and General Services
and the director in the performance of their functions hereunder.
2. The head of each State department, agency
and public authority covered by this Order shall designate a deputy
commissioner or such other similar executive officer to have primary and
continuing responsibility for the participation and cooperation of that entity
in matters concerning minority and women-owned business enterprise
development.
3. The officials
designated under the preceding paragraph, when so requested, shall review and
report to the director upon the activities and progress of the State's minority
and women-owned business enterprise development program, and shall keep the
director informed of all budgets, plans and programs of their departments,
agencies or public authorities affecting minority and women-owned business
enterprise development.
Article
VII.
Reports
1.
By September 1 of each year, beginning in 1984, each State agency, department
and public authority affected by this Order shall submit an Annual Report on
Minority and Women-Owned Business Development to the director. Such submission
shall include, in a format to be specified by the director, a report on the
entity's actions with respect to minority and women-owned business enterprises.
Each entity shall submit a copy of its annual report to the Commissioners of
Commerce and General Services.
2.
The Commissioners of Commerce and General Services shall submit to the director
by September 1 of each year, commencing in 1984, a full report of their
agencies' activities hereunder and recommendations for legislation or other
action desirable to effectuate the purpose of this Order.
Article VIII.
Policies and
Standards
It is the policy of the State of New York to encourage the
greatest possible participation of minority and women-owned business
enterprises in all state contracts for construction and the procurement of
goods and services. The director shall establish such policies, standards,
definitions, criteria and procedures to seek to achieve the award of at least
12 percent of the total dollar value of contracts let by the State annually to
minority business enterprises, and furthermore, to achieve a significant
increase in the participation of women-owned business enterprises, consistent
with Federal and State law. The director may establish such other policies as
he deems appropriate to effectuate the intent of this Order.
Article IX.
Definitions
For the purposes of this Order, the following definitions
shall apply:
1.
Minority
business enterprise. Any business enterprise which is at least 51
percentum owned by, or in the case of a publicly owned business, at least 51
percentum of the stock of which is owned by, citizens or permanent resident
aliens who are:
(a) Black persons having
origins in any of the black African racial groups not of Hispanic
origin;
(b) Hispanic persons of
Mexican, Puerto Rican, Dominican, Cuban, Central or South American of either
Indian or Hispanic origin, regardless of race;
(c) Asian and Pacific Islander persons having
origins in any of the Far East, Southeast Asia, the Indian subcontinent or the
Pacific Islands; and
(d) American
Indian or Alaskan Native persons having origins in any of the original peoples
of North America and maintaining identifiable tribal affiliations through
membership and participation or community identification;
and such ownership interest is real, substantial and
continuing. The minority and women-owned ownership must have and exercise the
authority to independently control the business decisions of the
entity.
2.
Women-owned business enterprise. Any business enterprise which
is at least 51 per centum owned by, or in the case of a
publicly owned business, at least 51 per centum of the stock
of which is owned by citizens or permanent resident aliens who are women, and
such ownership interest is real, substantial and continuing.
3.
Public authority. A
public authority shall include any public authority or public benefit
corporation determined by the Executive Committee to fall within the coverage
of this Order, and any authority which seeks to participate in the programs
implemented by this Order.
4.
Goods and services. The procurement of goods and services
shall include, but not be limited to, construction, design and related
services.
Article X.
Revocation of Prior Executive Order and Effective Date
Executive Order No. 117, promulgated on December 9, 1981,
is revoked and superseded by this Executive Order as of the date hereof.
Signed: Mario M. Cuomo
Dated: August 3, 1983
Footnotes
* [Revokes and supersedes Executive Order No. 117 (Hugh L.
Carey), §
3.117, supra.
]
[DAGGER] [Revoked by Executive
Order No. 29 (George E. Pataki), infra.]
[DOUBLE DAGGER] [Revoked by
Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by
Executive Order No. 9 (David A. Paterson), infra.] [Revoked by
Executive Order No. 2 (Andrew M. Cuomo),
infra.]
