New York State Comptroller

Procurement and Disbursement Guidelines

Bulletin Category:	Procurement and Disbursement Guidelines
Bulletin Number:	G-241
Date Issued:	03/10/2010	Date Last Updated:	03/10/2010
Bulletin Name:	Recent Changes to Executive Law Article 15-A

Purpose:	The purpose of this Bulletin is to alert State agency finance officers to a recent amendment to Executive Law Article 15-A, “Participation by Minority Group Members and Women with Respect to State Contracts.” The amendment requires an agency to post on its web site contractor utilization plans and any waivers of compliance approved by the agency. This Bulletin does not impact procurement record requirements.
Background:	Article 15-A of the Executive Law, signed into law on July 19, 1988, authorized the creation of an Office (now Division) of Minority and Women's Business Development (DMWBD) to promote employment and business opportunities for minorities and women on State contracts. The mission of the DMWBD is “to encourage and assist State agencies in their efforts to increase participation by minority and women-owned business enterprises (MWBE’s) on State contracts so as to facilitate the award of a fair share of such contracts to MWBE’s."¹ Section 313 of the law requires contracting agencies to administer rules and regulations promulgated by DMWBD for implementing the program. Among other things, the rules: require contractors to submit a minority and women-owned business enterprise (MWBE) utilization plan for each of their contracts, require agencies to review these utilization plans for compliance and notify contractors of deficiencies, and allow contractors time to correct the noted deficiency and/or request a complete or partial waiver of compliance with goal requirements. Agencies must evaluate “good faith” attempts to comply in deciding whether to grant or deny waiver requests.
Agency Requirements	Chapter 429 of the Laws of 2009 amends Section 313 to add a requirement that the contracting agency post contractor utilization plans, and any waivers of compliance, on the agency website. The requirement was effective September 16, 2009.
Questions	Any questions regarding the requirements of Article 15-A should be directed to: DMWBD Scott Clay (518) 292- 5250 Questions about this Bulletin should be directed to: NYS Office of the State Comptroller Bureau of Contracts (518) 474-4622 ¹About Us. New York State Division of Minority and Women Business Development. Web. Copyright 2009. <http://www.nylovesmwbe.ny.gov/> (accessed October 14, 2009).