N.Y. Exec. Law § 315

* § 315. Responsibilities of contracting agencies. 1. Each contracting\nagency shall be responsible for monitoring state contracts under its\njurisdiction, and recommending matters to the office respecting\nnon-compliance with the provisions of this article so that the office\nmay take such action as is appropriate to insure compliance with the\nprovisions of this article, the rules and regulations of the director\nissued hereunder and the contractual provisions required pursuant to\nthis article. All contracting agencies shall comply with the rules and\nregulations of the office and are directed to cooperate with the office\nand to furnish to the office such information and assistance as may be\nrequired in the performance of its functions under this article.\n 2. Each contracting agency shall provide to prospective bidders a\ncurrent copy of the directory of certified businesses, and a copy of the\nregulations required pursuant to sections three hundred twelve and three\nhundred thirteen of this article at the time bids or proposals are\nsolicited.\n 3. Each contracting agency shall report to the director with respect\nto activities undertaken to promote employment of minority group members\nand women and promote and increase participation by certified businesses\nwith respect to state contracts and subcontracts. Such reports shall be\nsubmitted periodically, but not less frequently than annually, as\nrequired by the director, and shall include such information as is\nnecessary for the director to determine whether the contracting agency\nand contractor have complied with the purposes of this article,\nincluding, without limitation, a summary of all waivers of the\nrequirements of subdivisions six and seven of section three hundred\nthirteen of this article allowed by the contracting agency during the\nperiod covered by the report, including a description of the basis of\nthe waiver request and the rationale for granting any such waiver. Each\nagency shall also include in such annual report whether or not it has\nbeen required to prepare a remedial plan, and, if so, the plan and the\nextent to which the agency has complied with each element of the plan.\n 4. The division of minority and women's business development shall\nissue an annual report which: (a) summarizes the report submitted by\neach contracting agency pursuant to subdivision three of this section;\n(b) contains such comparative or other information as the director deems\nappropriate, including but not limited to goals compared to actual\nparticipation of minority and women-owned business enterprises in state\ncontracting, to evaluate the effectiveness of the activities undertaken\nby each such contracting agency to promote increased participation by\ncertified minority or women-owned businesses with respect to state\ncontracts and subcontracts; (c) contains a summary of all waivers of the\nrequirements of subdivisions six and seven of section three hundred\nthirteen of this article allowed by each contracting agency during the\nperiod covered by the report, including a description of the basis of\nthe waiver request and the contracting agency's rationale for granting\nany such waiver; (d) describes any efforts to create a database or other\ninformation storage and retrieval system containing information relevant\nto contracting with minority and women-owned business enterprises; and\n(e) contains a summary of (i) all determinations of violations of this\narticle by a contractor or a contracting agency made during the period\ncovered by the annual report pursuant to section three hundred sixteen-a\nof this article and (ii) the penalties or sanctions, if any, assessed in\nconnection with such determinations and the rationale for such penalties\nor sanctions. Copies of the annual report shall be provided to the\ncommissioner, the governor, the comptroller, the temporary president of\nthe senate, the speaker of the assembly, the minority leader of the\nsenate, the minority leader of the assembly and shall also be made\nwidely available to the public via, among other things, publication on a\nwebsite maintained by the division of minority and women's business\ndevelopment.\n 5. Each agency shall include in its annual report to the governor and\nlegislature pursuant to section one hundred sixty-four of the executive\nlaw its annual goals for contracts with minority-owned and women-owned\nbusiness enterprises, the number of actual contracts issued to\nminority-owned and women-owned business enterprises; and a summary of\nall waivers of the requirements of subdivisions six and seven of section\nthree hundred thirteen of this article allowed by the reporting agency\nduring the preceding year, including a description of the basis of the\nwaiver request and the rationale for granting such waiver. Each agency\nshall also include in such annual report whether or not it has been\nrequired to prepare a remedial plan, and, if so, the plan and the extent\nto which the agency has complied with each element of the plan.\n 6. Each contracting agency that substantially fails to meet the goals\nsupported by the disparity study, as defined by regulation of the\ndirector, shall be required to submit to the director a remedial action\nplan to remedy such failure.\n 7. If it is determined by the director that any agency has failed to\nact in good faith to implement the remedial action plan, pursuant to\nsubdivision six of this section within one year, the director shall\nprovide written notice of such a finding, which shall be publicly\navailable, and direct implementation of remedial actions to:\n (a) assure that sufficient and effective solicitation efforts to women\nand minority-owned business enterprises are being made by said agency;\n (b) divide contract requirements, when economically feasible, into\nquantities that will expand the participation of women and\nminority-owned business enterprises;\n (c) eliminate extended experience or capitalization requirements, when\nprogrammatically and economically feasible, that will expand\nparticipation by women and minority-owned business enterprises;\n (d) identify specific proposed contracts as particularly attractive or\nappropriate for participation by women and minority-owned business\nenterprises with such identification to result from and be coupled with\nthe efforts of paragraphs (a), (b), and (c) of this subdivision; and\n (e) upon a finding by the director that an agency has failed to take\naffirmative measures to implement the remedial plan and to follow any of\nthe remedial actions set forth by the director, and in the absence of\nany objective progress towards the agency's goals, require some or all\nof the agency's procurement, for a specified period of time, be placed\nunder the direction and control of another agency or agencies.\n * NB Expires December 31, 2017\n