N.Y. Comp. Codes R. & Regs. tit. 21 § 2054.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 2054.1 - Definitions

As used in these guidelines, the following terms shall have the meanings indicated below:

(a) Procurement contract -- any written agreement for the acquisition by the Corporation of goods or personal services of any kind, in the actual or estimated amount of $5,000 or more.

(b) Minority or women-owned business enterprise -- any such business enterprise as defined in section 2879 (3)(c)(d) and (e) of the Public Authorities Law.

"Public Authorities Law Section 2879 (3)

(c) An identification of those areas or types of contracts for which minority or women-owned business enterprises may best bid so as to promote and assist participation by such enterprises and facilitate a fair share of the awarding of contracts to such enterprises. For the purposes of this section, a minority business enterprise means any business enterprise, including a sole proprietorship, partnership or corporation that is:

(i) at least fifty-one percent owned by one or more minority group members or in the case of a publicly-owned business at least fifty-one percent of the common stock or other voting interests of which is owned by one or more minority group members;

(ii) an enterprise in which the minority ownership is real, substantial and continuing;

(iii) an enterprise in which the minority ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise; and

(iv) an enterprise authorized to do business in New York state, independently owned and operated, and not dominant in its field.

(d) For the purposes of this section, a minority group member means a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups:

(i) Black persons having origins in any of the Black African racial groups not of Hispanic origin;

(ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American of either Indian or Hispanic origin, regardless of race;

(iii) Asian and Pacific Islander persons having origins in any of the Far East, Southeast Asia, the Indian sub-continent or the Pacific Islands; or

(iv) Native American persons having origins in any of the original peoples of North America.

(e) For the purposes of this section, a women-owned business enterprise means a business enterprise, including a sole proprietorship, partnership or corporation which is:

(i) at least fifty-one percent owned by one or more United States citizens or permanent resident aliens who are women or in the case of a publicly-owned business at least fifty-one percent of the common stock or other voting interests of which is owned by United States citizens or permanent resident aliens who are women;

(ii) an enterprise in which the ownership interest of women is real, substantial and continuing;

(iii) an enterprise in which the women ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise; and

(iv) an enterprise authorized to do business in New York state, independently owned and operated, and not dominant in its field."

(c) Outside contractor -- a person, firm or corporation performing personal services or providing goods for the corporation pursuant to a procurement contract.

(d) Personal services -- any services performed for the corporation for a fee or other compensation, including legal, accounting, management consulting, investment banking, financial custody, investment management, construction management, construction, repair, planning, training, statistical research, public relations, architectural, engineering, surveying or other consulting, professional or technical services. Personal services shall not include any services performed for the corporation by its employees within the scope of their employment responsibilities.

(e) Responsible official -- the president of the corporation or such other officer or employee of the corporation who is designated by the president to be responsible in one or more areas of the corporation's activities for determining whether or not use of outside contractors is appropriate for the procurement of personal services and for selecting and supervising the work of outside contractors.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 2054.1