N.Y. EXC Law § 313-A

* § 313-a. Diversity practices of state contractors. The director\nshall promulgate rules and regulations setting forth measures and\nprocedures to require all contracting agencies, where practicable,\nfeasible and appropriate, to assess the diversity practices of\ncontractors submitting bids or proposals in connection with the award of\na state contract. Such rules and regulations shall take into account:\nthe nature of the labor, services, supplies, equipment or materials\nbeing procured by the state agency; the method of procurement required\nto be used by a state agency to award the contract and minority and\nwomen-owned business utilization plans required to be submitted pursuant\nto sections three hundred twelve and three hundred thirteen of this\narticle; and such other factors as the director deems appropriate or\nnecessary to promote the award of state contracts to contractors having\nsound diversity practices. Such assessment shall not in any way permit\nthe automatic rejection of a bid or procurement contract proposal based\non lack of adherence to diversity practices. Each bid or proposal shall\nbe analyzed on an individual per bid or per proposal basis with the\ncontractor's diversity practices considered as only a part of a wider\nconsideration of several factors when deciding to award or decline to\naward a bid or proposal. The director shall develop the rules and\nregulations required hereunder only after consultation with the state\nprocurement council established by section one hundred sixty-one of the\nstate finance law.\n * NB Repealed July 1, 2028\n