N.Y. EXC Law § 824

* § 824. Enforcement. 1. Where it appears that a contractor cannot,\nafter a good faith effort, meet the workforce participation goals set\nforth in a particular state contract, a contractor may file a written\napplication with the contracting state agency requesting a partial or\ntotal waiver of such requirements. Such request shall set forth the\nreasons for such contractor's inability to meet the workforce\nparticipation goal, specifically describe the reasons for any deviations\nfrom the anticipated workforce participation goal set forth in the\ncontractor's bid or proposal leading to the award of the state contract,\nand describe the efforts by the contractor and any subcontractors to\nachieve the maximum feasible participation of minority group members and\nwomen in the performance of the work of the state contract. Where the\ncontractor's inability to achieve the workforce participation goal on a\nstate contract is attributable to the failure of one or more\nsubcontractors to make good faith efforts to achieve the maximum\nfeasible participation of minority group members and women in the\nperformance of the work of the state contract, the contractor shall\nidentify such subcontractor or subcontractors to the contracting state\nagency.\n 2. A state agency shall grant a request for a waiver of workforce\nparticipation goals on a state contract where:\n (a) The contractor demonstrates that the contractor and its\nsubcontractors made good faith efforts to achieve the workforce\nparticipation goal on the state contract, and that insufficient minority\ngroup members or women were available in the construction trades,\nprofessions, and occupations required to perform the work of the state\ncontract; or\n (b) The contractor contractually required each of its subcontractors\nto make a good faith effort to achieve the maximum feasible\nparticipation of minority group members and women in the performance of\nthe subcontracted work, periodically monitored such subcontractors'\ndeployment of minority group members and women in the performance of the\nsubcontracted work, provided notice to such subcontractors of any\ndeficiencies in their deployment of minority group members and women in\nthe performance of such subcontracted work, and could not achieve the\nworkforce participation goal for one or more construction trades,\nprofessions, or occupations without the good faith efforts of such\nsubcontractors.\n * NB Repealed December 31, 2024\n