N.Y. Medical Care Facilities Finance Agency 392/73 § 16-b: Minority and women-owned business enterprise program

§ 16-b. Minority and women-owned business enterprise program. 1. a. In

the performance of projects pursuant to this act minority and

women-owned business enterprises shall be given the opportunity for

meaningful participation. The agency shall establish measures and

procedures to secure meaningful participation and identify those

contracts and items of work for which minority and women-owned business

enterprises may best bid to actively and affirmatively promote and

assist their participation in the projects, so as to facilitate the

award of a fair share of contracts to such enterprises; provided,

however, that nothing in this act shall be construed to limit the

ability of the agency to assure that qualified minority and women-owned

business enterprises may participate in the program. For purposes

hereof, minority business enterprise shall mean any business enterprise

which is at least fifty-one per centum owned by, or in the case of a

publicly owned business, at least fifty-one per centum of the stock of

which is owned by citizens or permanent resident noncitizens who are

Black, Hispanic, Asian or American Indian, Pacific Islander or Alaskan

natives and such ownership interest is real, substantial and continuing

and have the authority to independently control the day to day business

decisions of the entity for at least one year; and women-owned business

enterprise shall mean any business enterprise which is at least

fifty-one per centum owned by, or in the case of a publicly owned

business, at least fifty-one per centum of the stock of which is owned

by citizens or permanent resident noncitizens who are women, and such

ownership interest is real, substantial and continuing and have the

authority to independently control the day to day business decisions of

the entity for at least one year.

The provisions of this paragraph shall not be construed to limit the

ability of any minority or women-owned business enterprise to bid on any

contract.

b. In the implementation of this section, the agency shall consider

compliance by any contractor with the requirements of any federal,

state, or local law concerning minority and women-owned business

enterprises, which may effectuate the requirements of this section. If

the department or the office determines that by virtue of the imposition

of the requirements of any such law, in respect to contracts, the

provisions thereof duplicate or conflict with this act, the agency may

waive the applicability of this section to the extent of such

duplication or conflict.

c. Nothing in this section shall be deemed to require that overall

state and federal requirements for participation of minority and

women-owned business enterprises in programs authorized under this act

be applied without regard to local circumstances to all projects or in

all communities.

2. In order to implement the requirements and objectives of this

section, the agency shall establish procedures to monitor the

contractors' compliance with provisions hereof, provide assistance in

obtaining competing qualified minority and women-owned business

enterprises to perform contracts proposed to be awarded, and take other

appropriate measures to improve the access of minority and women-owned

business enterprises to these contracts.