Specifications

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Solicitation XXX – Appendix _ - Sample Contract
Service Provided
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Owned Business Enterprises (“WBE”) participation (based on the current availability
of qualified MBEs and WBEs).
B. For purposes of providing meaningful participation by MWBEs on the Contract and
achieving the Contract Goals established in Section II-A hereof, Contractor should
reference the directory of New York State Certified MBWEs found at the following
internet address: http://www.esd.ny.gov/mwbe.html . Additionally, Contractor is
encouraged to contact the Division of Minority and Woman Business Development
([phone]; [phone]; or [phone]) to discuss additional methods
of maximizing participation by MWBEs on the Contract.
C. Pursuant to 5 NYCRR §142.8, Contractor must document “good faith efforts” to
provide meaningful participation by MWBEs as subcontractors or suppliers in the
performance of the Contract. In accordance with Section 316-a of Article 15-A and 5
NYCRR §142.13, the Contractor acknowledges that if it is found to have willfully and
intentionally failed to comply with the MWBE participation goals set forth in the
Contract, such a finding constitutes a breach of contract and the Contractor shall be
liable to OGS for liquidated or other appropriate damages, as set forth herein.
III. Equal Employment Opportunity (EEO)
A. Contractor agrees to be bound by the provisions of Article 15-A and the MWBE
Regulations promulgated by the Division of Minority and Women's Business
Development of the Department of Economic Development (the “Division”). If any of
these terms or provisions conflict with applicable law or regulations, such laws and
regulations shall supersede these requirements.
B. Contractor shall comply with the following provisions of Article 15-A:
1. Contractor and Subcontractors shall undertake or continue existing EEO
programs to ensure that minority group members and women are afforded
equal employment opportunities without discrimination because of race,
creed, color, national origin, sex, age, disability or marital status. For these
purposes, EEO shall apply in the areas of recruitment, employment, job
assignment, promotion, upgrading, demotion, transfer, layoff, or termination
and rates of pay or other forms of compensation.
2. The Contractor shall certify and affirm that the text set forth in clause 12 of
Appendix A, attached hereto and made a part hereof is Contractor’s equal
employment opportunity policy.