Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, New York State has enacted Article 15-A of the
Executive Law, to promote equal opportunity in contracting for all persons,
without discrimination for minority group members and women and business
enterprises owned by them, and to eradicate the barriers that have impaired
access by minority and women-owned business enterprises to State contracting
opportunities;
WHEREAS, despite New York State's law to promote the
continuing development of minority and women-owned businesses, in 2010 a
statewide disparity study showed significant disparities between (1) the number
of minority and female businesses in New York State available and qualified for
contracting opportunities, and (2) the number of state contracts awarded to
those businesses;
WHEREAS, legislation was enacted in 2010 to strengthen
Article 15-A, and it is crucial that the State take active measures to ensure
that these provisions are effectively implemented;
WHEREAS, it is of significant public importance that New
York State conduct a critical, systematic, and comprehensive review to remove
the barriers that have impaired access by minority and women-owned business
enterprises to New York State contracting opportunities; and
WHEREAS, this review should be tailored to increasing the
participation of minority and women-owned businesses in state contracting and
providing equal opportunities in employment without discrimination;
NOW, THEREFORE, I, Andrew 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:
A. Definitions
As used herein, the following terms shall have the
following meanings:
1. "Minority and
Women-Owned Business Enterprise" or "M/WBE" shall mean those businesses defined
as "Minority-Owned Business Enterprises" and "Women-Owned Business Enterprises"
in Executive Law § 310.
2.
"Public authority" or "authority" shall mean a public authority or public
benefit corporation created by or existing under any New York State law, with
one or more of its members appointed by the Governor or who serve as members by
virtue of holding a civil office of New York State, other than an interstate or
international authority or public benefit corporation, including any
subsidiaries of such public authority or public benefit corporation.
3. "SAGE Commission" shall mean the Spending
and Government Efficiency Commission created by Executive Order 4 of 2011 and
tasked with redesigning the organizational structure of state
government.
4. "State agency" or
"agency" shall mean any state agency, department, office, board, bureau,
division, committee, council or office.
5. "State officer or employee" shall have the
meaning given in Section
73 of the
Public Officers Law.
B.
M/WBE Team
1. There is hereby established the
M/WBE Team ("Team") that shall exist to provide guidance for, and advice to,
the Governor.
2. The Governor shall
appoint up to 30 voting members of the Team. The members of the Team shall
include: state officers or employees with relevant experience; members of the
New York State Legislature; members of state academic institutions; and
stakeholders with experience in supplier diversity contracting, diversity and
inclusion practices and workforce diversity programs.
3. Vacancies shall be filled by the Governor,
and the Governor may appoint additional voting and non-voting members to the
Team as necessary. Members of the Team shall serve at the pleasure of the
Governor.
4. The Governor shall
designate a Chair from among the members of the Team.
5. A majority of the total members of the
Team who have been appointed shall constitute a quorum, and all recommendations
of the Team shall require approval of a majority of its total
members.
6. The Team shall attempt
to engage and solicit the input of a broad and diverse range of groups,
organizations and individuals.
C. Cooperation with the Team
1. Every agency and authority of New York
State shall provide to the Team every assistance and cooperation, including use
of New York State facilities, which may be necessary or desirable to fulfill
the purposes of this Executive Order.
2. Staff support necessary for the conduct of
the Team's work shall be furnished by agencies and authorities (subject to the
approval of the boards of directors of such authorities).
3. The Chief Diversity Officer shall serve as
a liaison between the Team and agencies to facilitate the exchange of data and
information.
D. Duties
and Purpose
1. The Team shall review the 2010
disparity study, as well as data and information produced by state agencies and
collected by the Chief Diversity Officer regarding individual agency
performance and contracting practices.
2. The Team shall work with the Executive
Chamber, the Empire State Development Corporation, and the SAGE Commission and
identify opportunities for collaboration with other relevant
entities.
3. The Chair shall notify
stakeholders of the purposes of the Team, the opportunities for stakeholder
participation and the means and schedule for such participation.
4. The Chair shall provide parameters for the
submission of proposals and recommendations by stakeholders and other
interested parties.
5. The Team's
review and recommendations shall address existing barriers to M/WBE
participation in State contracting opportunities including but not limited to:
a. commitment from agency leadership to
meeting M/WBE goals;
b. access to
information;
c. specificity in
contracts regarding M/WBE participation;
d. assistance and supportive services
programs;
e. obstacles in credit
and bonding that lead to difficulty in securing state contracts; and
f. inconsistent and infrequent monitoring and
compliance during contract period.
6. The Team shall also review the manner in
which state agencies are implementing the 2010 amendments to Article 15-A of
the Executive Law, and any problems with such implementation; and any gaps in
the current statutory and regulatory regime governing M/WBE
contracting.
7. The Team shall
commence its work no later than March 1, 2011. On or before May 1, 2011, the
Team shall identify a work plan and work with the Executive Chamber to
implement the plan.
8. The Team
shall fully implement its work plan by or before June 1, 2012. Thereafter, the
Team shall terminate its work and be relieved of all responsibilities and
duties hereunder.
Signed: Andrew M. CuomoDated: February 17,
2011
