* § 313-a. Diversity practices of state contractors. The director
shall promulgate rules and regulations setting forth measures and
procedures to require all contracting agencies, where practicable,
feasible and appropriate, to assess the diversity practices of
contractors submitting bids or proposals in connection with the award of
a state contract. Such rules and regulations shall take into account:
the nature of the labor, services, supplies, equipment or materials
being procured by the state agency; the method of procurement required
to be used by a state agency to award the contract and minority and
women-owned business utilization plans required to be submitted pursuant
to sections three hundred twelve and three hundred thirteen of this
article; and such other factors as the director deems appropriate or
necessary to promote the award of state contracts to contractors having
sound diversity practices. Such assessment shall not in any way permit
the automatic rejection of a bid or procurement contract proposal based
on lack of adherence to diversity practices. Each bid or proposal shall
be analyzed on an individual per bid or per proposal basis with the
contractor's diversity practices considered as only a part of a wider
consideration of several factors when deciding to award or decline to
award a bid or proposal. The director shall develop the rules and
regulations required hereunder only after consultation with the state
procurement council established by section one hundred sixty-one of the
state finance law.

* NB Repealed July 1, 2025