N.Y. Executive Law § 316-a: Prohibitions in contracts; violations

* § 316-a. Prohibitions in contracts; violations. Every contracting

agency shall include a provision in its state contracts expressly

providing that any contractor who willfully and intentionally fails to

comply with the minority and women-owned participation requirements of

this article as set forth in such state contract shall be liable to the

contracting agency for liquidated or other appropriate damages and shall

provide for other appropriate remedies on account of such breach. A

contracting agency that elects to proceed against a contractor for

breach of contract as provided in this section shall be precluded from

seeking enforcement pursuant to section three hundred sixteen of this

article; provided however, that the contracting agency shall include a

summary of all enforcement actions undertaken pursuant to this section

in its annual report submitted pursuant to subdivision three of section

three hundred fifteen of this article.

* NB Repealed July 1, 2028