N.Y. Executive Law § 824: Enforcement

* § 824. Enforcement. 1. Where it appears that a contractor cannot,

after a good faith effort, meet the workforce participation goals set

forth in a particular state contract, a contractor may file a written

application with the contracting state agency requesting a partial or

total waiver of such requirements. Such request shall set forth the

reasons for such contractor's inability to meet the workforce

participation goal, specifically describe the reasons for any deviations

from the anticipated workforce participation goal set forth in the

contractor's bid or proposal leading to the award of the state contract,

and describe the efforts by the contractor and any subcontractors to

achieve the maximum feasible participation of minority group members and

women in the performance of the work of the state contract. Where the

contractor's inability to achieve the workforce participation goal on a

state contract is attributable to the failure of one or more

subcontractors to make good faith efforts to achieve the maximum

feasible participation of minority group members and women in the

performance of the work of the state contract, the contractor shall

identify such subcontractor or subcontractors to the contracting state

agency.

2. A state agency shall grant a request for a waiver of workforce

participation goals on a state contract where:

(a) The contractor demonstrates that the contractor and its

subcontractors made good faith efforts to achieve the workforce

participation goal on the state contract, and that insufficient minority

group members or women were available in the construction trades,

professions, and occupations required to perform the work of the state

contract; or

(b) The contractor contractually required each of its subcontractors

to make a good faith effort to achieve the maximum feasible

participation of minority group members and women in the performance of

the subcontracted work, periodically monitored such subcontractors'

deployment of minority group members and women in the performance of the

subcontracted work, provided notice to such subcontractors of any

deficiencies in their deployment of minority group members and women in

the performance of such subcontracted work, and could not achieve the

workforce participation goal for one or more construction trades,

professions, or occupations without the good faith efforts of such

subcontractors.

* NB Repealed December 31, 2024