As New York state’s diversity initiatives and mandates continue to
evolve, our attorneys
actively monitor opportunities, challenges and solutions for
clients seeking to ensure
compliance with laws regarding Minority and Women-Owned Business
Enterprises, or
MWBEs, which are at least 51 percent owned and controlled by
minority members and/
or women. Recent events in this nation have caused private industry
and government to
recognize the need to increase economic opportunity for underserved
communities.
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P R A C T I C E G R O U P D I V E R S I T Y C O M P L I A N C
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Diversity awareness and sensitivity continues to grow in culture,
client and consumer realms; and research indicates that diverse
representation among leadership has potential benefits for company
performance. In this context, it is critical for businesses and
governmental contractors and entities to pursue and demonstrate
diversity compliance.
As a result of the commissioned State of New York 2016 MWBE
Disparity Study with a Final Report issued in June 2017, New York
state has accelerated its efforts to give MWBE firms the
opportunity for “maximum feasible participation” in the performance
of state contracts and to promote diversity in companies doing
business in New York state. Based on the 2016 Disparity Study,
Governor Andrew M. Cuomo has directed state agencies to double the
current MWBE participation goal from 10 to 20 percent, and to ease
bonding restrictions that these businesses will face. Additionally,
in 2019, the Women on Corporate Board Study Act was passed to more
precisely identify the number of women serving on boards of
directors of companies incorporated or authorized to do business in
New York state.
We counsel state agencies and authorities to provide a deeper
understanding of their MWBE requirements, while helping businesses
and contractors maximize their opportunities in New York state
through MWBE procurements, supplier diversity initiatives, and
diversity compliance. We advise on the mentorships and joint
ventures with MWBEs that support compliance with state procurement
regulations related to diversity. Our attorneys have worked with a
diverse array of New York state agencies and authorities including
the New York State Department of Economic Development, New York
State Energy Research and Development Authority, Dormitory
Authority for the State of New York, and the Empire State
Development Corporation. Our attorney team comprises talented
attorneys with experience in procurement, ethics and governmental
relations.
After amendments in 2019, key changes made to Article 15-A of the
NY Executive Law now include the following:
• Raising the threshold for personal net worth of a minority owner
or woman owner to $15 million from $3 million
• Utilizing or mentoring certified minority and women-owned
business enterprises in contracts awarded by a state agency or
other public corporation
• Entering into partnerships, joint ventures or similar
arrangements with certified MWBEs
• Making waivers of compliance publicly available
• Conducting outreach events, training workshops, seminars and
other educational programs to state agencies, external stakeholders
and the public
• Pursuing mentorship opportunities and other business development
programs to support MWBEs in bidding on contracts with state
agencies
• Establishing a more proactive role for the statewide advocate
within the Department of Economic Development to conduct periodic
audits of state contracting agencies’ compliance and investigate
complaints by certified minority-owned business enterprises or
women-owned business enterprises
• Eliminating set percentages for total annual statewide
procurement in specific industries
• Recognizing workforce utilization efforts
Our services include:
• Advising clients on new mandates and thresholds set by New York
state regarding MWBE
• Obtaining MWBE certification for eligible businesses from the
Empire State Development Corporation’s Division of Minority &
Women’s Business Development
• Assisting businesses in forming partnerships, joint ventures, and
alliances with MWBEs for enhanced procurement opportunities;
including joint ventures between MWBE and DBE
• Drafting mentor-protégé agreements
• Helping businesses develop effective diversity compliance
strategies internally and assisting with maximizing procurement
opportunities
• Helping businesses draft compliance policies, procedures and
training
• Preparation of diversity compliance legal opinions
• Advising state agencies and authorities on diversity compliance
requirements and implementing best practices for meeting MWBE
goals
• Reviewing and drafting contracts for compliance
P R A C T I C E G R O U P : D I V E R S I T Y C O M P L I A N C
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For more information, contact: H. TODD BULLARD
[email protected] 585-419-8696 or 800-685-1429
harrisbeach.com
BUFFALO 726 Exchange Street Buffalo, NY 14210 716-200-5050
ITHACA 119 East Seneca Street Ithaca, NY 14850 607-273-6444
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NEW YORK CITY 100 Wall Street New York, NY 10005 212-687-0100
ROCHESTER 99 Garnsey Road Pittsford, NY 14534 585-419-8800
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315-423-7100
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914-683-1200
Offices also in:
NEW HAVEN, CT 195 Church Street New Haven, CT 06510
203-784-3159
NEWARK, NJ One Gateway Center Newark, NJ 07102 973-848-1244
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