Minority-Commerce-Weekly-Newsletter - Flipbook - Page 21
November 14 - 20, 2024
Minority Commerce Weekly - “MWDBE/SDVOB Contract Reporter”
DEFINITION OF GOOD FAITH EFFORTS
5 NYCRR §142.8 - Contractor’s good faith efforts
A. The contractor must document its good faith efforts toward meeting certi昀椀ed minority- and
women-own business enterprise utilization plans by providing, at a minimum:
1. Copies of any solicitations of certi昀椀ed minority- and/or women-owned business enterprises listed in
the New York State Directory of certi昀椀ed businesses, and any responses thereto;
2. If responses to the contractor’s solicitations were received, but a certi昀椀ed minority- or woman-owned
business enterprise was not selected, the speci昀椀c reasons that such enterprise was not selected;
3. Copies of any advertisements for participation by certi昀椀ed minority- and women-owned business
enterprises timely published in appropriate general circulation, trade and minority- or women-oriented
publications, together with the listing(s) and date(s) of the publication of such advertisements;
4. The dates of attendance at any pre-bid, pre-award, or other meetings, if any, scheduled by the State
agency awarding the State contract, with certi昀椀ed minority- and women-owned business enterprises
which the State agency determined were capable of performing the State contract scope of work for
the purpose of ful昀椀lling the contract participation goals;
5. Information describing the speci昀椀c steps undertaken to reasonably structure the contract scope of work
for the purpose of subcontracting with, or obtaining supplies from, certi昀椀ed minority- and womenowned business enterprises.
B. In addition to the information provided by the contractor in paragraph (a) above, the State agency may
also consider the following to determine whether the contractor has demonstrated good faith efforts:
1. Whether the contractor submitted an alternative utilization plan consistent with the subcontract or
supplier opportunities in the contract;
2. The number of certi昀椀ed minority- and women-owned business enterprises in the region listed in the
directory of certi昀椀ed businesses that could, in the judgment of the State agency, perform work required
by the State contract scope of work;
3. The actions taken by the contractor to contact and assess the ability of certi昀椀ed minority- and womenowned business enterprises located outside of the region in which the State contract scope of work is
to be performed to participate on the State contract;
4. Whether the contractor provided relevant plans, speci昀椀cations or terms and conditions to certi昀椀ed
minority- and women-owned business enterprises suf昀椀ciently in advance to enable them to prepare an
informed response to a contractor request for participation as a subcontractor or supplier;
5. The terms and conditions of any subcontract or provision of suppliers offered to certi昀椀ed minority- or
women-owned business enterprises and a comparison of such terms and conditions with those offered
in the ordinary course of the contractor’s business and to other subcontractors or suppliers of the
contractor;
6. Whether the contractor offered to make up any inability to comply with the certi昀椀ed minority- and
women-owned business enterprises goals in the subject State contract in other State contracts being
performed or awarded to the contractor; and any other information that is relevant or appropriate to
determining whether the contractor has demonstrated a good faith effort.
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