N.Y. Executive Law § 313-a: Diversity practices of state contractors

* § 313-a. Diversity practices of state contractors. The director

shall promulgate rules and regulations setting forth measures and

procedures to require all contracting agencies, where practicable,

feasible and appropriate, to assess the diversity practices of

contractors submitting bids or proposals in connection with the award of

a state contract. Such rules and regulations shall take into account:

the nature of the labor, services, supplies, equipment or materials

being procured by the state agency; the method of procurement required

to be used by a state agency to award the contract and minority and

women-owned business utilization plans required to be submitted pursuant

to sections three hundred twelve and three hundred thirteen of this

article; and such other factors as the director deems appropriate or

necessary to promote the award of state contracts to contractors having

sound diversity practices. Such assessment shall not in any way permit

the automatic rejection of a bid or procurement contract proposal based

on lack of adherence to diversity practices. Each bid or proposal shall

be analyzed on an individual per bid or per proposal basis with the

contractor's diversity practices considered as only a part of a wider

consideration of several factors when deciding to award or decline to

award a bid or proposal. The director shall develop the rules and

regulations required hereunder only after consultation with the state

procurement council established by section one hundred sixty-one of the

state finance law.

* NB Repealed July 1, 2028