Common use of Contractor Requirements and Procedures For Business Clause in Contracts

Contractor Requirements and Procedures For Business. PARTICIPATION OPPORTUNITIES FOR NYS CERTIFIED M/WBE AND EEO FOR MINORITY GROUP MEMBERS AND WOMEN I. Policy Statement The New York State Office of General Services (“OGS”), as part of its responsibility, recognizes the need to promote the employment of minority group members and women and to ensure that certified minority- and women-owned business enterprises have opportunities for maximum feasible participation in the performance of OGS contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority- and women- owned business enterprises had a full and fair opportunity to participate in State contracting. The findings of the study were published on April 29, 2010, under the title “The State of Minority- and Women-Owned Business Enterprises: Evidence from New York” (the “Disparity Study”). The Disparity Study found evidence of statistically significant disparities between the level of participation of minority- and women- owned business enterprises in State procurement contracting versus the number of minority- and women- owned business enterprises that were ready, willing and able to participate in State procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority- and women-owned business enterprises program. The recommendations from the Disparity Study culminated in the enactment and the implementation of New York State Executive Law Article 15-A, which requires, among other things, that OGS establish goals for maximum feasible participation of New York State certified minority- and women-owned business enterprises (“MWBE”) and the employment of minority groups members and women in the performance of New York State contracts.

Contractor Requirements and Procedures For Business. PARTICIPATION OPPORTUNITIES FOR NYS NEW YORK STATE CERTIFIED M/WBE MINORITY- AND EEO WOMEN-OWNED BUSINESS ENTERPRISES AND EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN I. Policy Statement The WOMEN ON NEW YORK STATE AGENCY AND AUTHORITY (as defined in New York State Office of General Services (Executive Law §310 and hereinafter referred to as “OGSState Agency”), ) MINI-BIDS POLICY STATEMENT The FILL IN STATE AGENCY NAME as part of its responsibility, recognizes the need to promote the employment of minority group members and women and to ensure that certified minority- and women-owned business enterprises have opportunities for maximum feasible participation in the performance of OGS contractsState Agency Authorized User Agreements. In 2006, the State of New York commissioned a disparity study to evaluate whether minority- and women- women-owned business enterprises had a full and fair opportunity to participate in State contracting. The findings of the study were published on April 29, 2010, under the title “"The State of Minority- and Women-Owned Business Enterprises: Evidence from New York” " (the “Disparity Study”). The Disparity Study report found evidence of statistically significant disparities between the level of participation of minority- and women- women-owned business enterprises in State procurement contracting versus the number of minority- and women- women-owned business enterprises that were ready, willing and able to participate in State procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority- and women-owned business enterprises program. The recommendations from the Disparity Study culminated in the enactment and the implementation of New York State Executive Law Article 15-A, which requires, among other things, that OGS FILL IN STATE AGENCY NAME establish goals for maximum feasible participation of New York State certified minority- and women-–owned business enterprises (“MWBEMWBEs”) and the employment of minority groups members and women in the performance of New York State contractsContracts and State Agency Authorized User Agreements. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS By submission of response to this Mini-Bid, the Contractor agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The Contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the “Work”) except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to the Contract; or (ii) employment outside New York State. The Bidder further agrees to submit with the Mini-Bid response, a staffing plan on Form FILL IN STATE AGENCY'S FORM NUMBER identifying the anticipated work force to be utilized on the State Agency Authorized User Agreement and if awarded a State Agency Authorized User Agreement, will submit to FILL IN STATE AGENCY NAME upon request, a workforce utilization report on form FILL IN STATE AGENCY'S FORM NUMBER, identifying the workforce actually utilized on the State Agency Authorized User Agreement, if known.. Further, pursuant to Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and federal statutory and constitutional non-discrimination provisions, the Contractor and sub-contractors will not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex (including gender expression), national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. BUSINESS PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED MINORITY- AND WOMEN- OWNED BUSINESS ENTERPRISES (MWBEs) For purposes of this State Agency Authorized User Agreement, FILL IN STATE AGENCY NAME hereby establishes a goal of MBE % for minority-owned business enterprises (MBEs) participation and WBE % for women-owned business enterprises (WBEs) participation (collectively referred to as MWBEs) for a total State Agency Authorized User Agreement MWBE goal of (TOTAL % OR GREATER). The total State Agency Authorized User Agreement goal can be obtained by utilizing any combination of MBE and /or WBE participation for subcontracting and supplies acquired under this State Agency Authorized User Agreement. The directory of New York State Certified MWBEs can be viewed at: ▇▇▇▇▇://▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/frontend/diversityusers.asp. Pursuant to 5 NYCRR § 142.8, a Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this State Agency Authorized User Agreement and ensure that the MWBEs utilized under the State Agency Authorized User Agreement perform commercially useful functions. Contractor agrees that FILL IN STATE AGENCY NAME may withhold payment pending receipt of the required MWBE documentation. Pursuant to 5 NYCRR § 140.1(f), a MWBE performs a commercially useful function when it is responsible for execution of the work of the State Agency Authorized User Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, a MWBE must, where applicable and in accordance with any State Agency specifications, also be responsible, with respect to materials and supplies used on the State Agency Authorized User Agreement, for ordering and negotiating price, determining quality and quantity and installing. A MWBE does not perform a commercially useful function if its role adds no substantive value and is limited to that of an extra participant in a transaction, State Agency Authorized User Agreement, or project through which funds are passed in order to obtain the appearance of participation. FILL IN STATE AGENCY NAME will assess whether a MWBE is performing a commercially useful function by considering the following: (1) the amount of work subcontracted; (2) industry practices; (3) whether the amount the MWBE is to be paid under the State Agency Authorized User Agreement is commensurate with the work it is to perform; (4) the credit claimed towards MWBE utilization goals for the performance of the work by the MWBE; and (5) any other relevant factors. In accordance with 5 NYCRR §142.13, Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the State Agency Authorized User Agreement, such finding constitutes a breach of the State Agency Authorized User Agreement and FILL IN STATE AGENCY NAME may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the State Agency Authorized User Agreement MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the State Agency Authorized User Agreement. By submitting a Mini-Bid response, Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Contractors are required to submit a Utilization Plan on Form FILL IN STATE AGENCY'S FORM NUMBER with the Mini-Bid response. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State Agency Authorized User Agreement, a description of the Commercially Useful Function the Contractor intends the MWBE to perform to meet the goals on the State Agency Authorized User Agreement, the estimated or, if known, actual dollar amounts to be paid to a MWBE and performance dates of each component of a State Agency Authorized User Agreement that the Contractor intends to be performed by a MWBE. By signing the Utilization Plan, the Contractor acknowledges that the utilization of MWBEs that do not perform commercially useful functions may not be counted as meeting the MWBE goals of the State Agency Authorized User Agreement; and, that making false representations or including information evidencing a lack of good faith as part of, or in conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties including, but not limited to, termination of a State Agency Authorized User Agreement for cause, loss of eligibility to submit future bids, and/or withholding of payments. Any modifications or changes to the agreed participation by NYS certified MWBEs after the Award of the State Agency Authorized User Agreement and during the term of the State Agency Authorized User Agreement must be reported on a revised MWBE Utilization Plan and submitted to FILL IN STATE AGENCY NAME. B. FILL IN STATE AGENCY NAME will review the submitted MWBE Utilization Plan and advise the Contractor of FILL IN STATE AGENCY NAME acceptance or issue a notice of deficiency within twenty (20) days of receipt.

Contractor Requirements and Procedures For Business. PARTICIPATION OPPORTUNITIES FOR NYS CERTIFIED M/WBE AND EEO FOR MINORITY GROUP MEMBERS AND WOMENWOMEN‌ I. Policy Statement The New York State Office of General Services (“OGS”), as part of its responsibility, recognizes the need to promote the employment of minority group members and women and to ensure that certified minority- and women-owned business enterprises have opportunities for maximum feasible participation in the performance of OGS contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority- and women- owned business enterprises had a full and fair opportunity to participate in State contracting. The findings of the study were published on April 29, 2010, under the title “The State of Minority- and Women-Owned Business Enterprises: Evidence from New York” (the “Disparity Study”). The Disparity Study found evidence of statistically significant disparities between the level of participation of minority- and women- owned business enterprises in State procurement contracting versus the number of minority- and women- owned business enterprises that were ready, willing and able to participate in State procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority- and women-owned business enterprises program. The recommendations from the Disparity Study culminated in the enactment and the implementation of New York State Executive Law Article 15-A, which requires, among other things, that OGS establish goals for maximum feasible participation of New York State certified minority- and women-owned business enterprises (“MWBE”) and the employment of minority groups members and women in the performance of New York State contracts.