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This entry was published on 2022-12-16
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SECTION 9-B
Minority and women-owned business enterprise program
Facilities Development Corporation Act 359/68 (FDC) CHAPTER ROOT
§ 9-b. Minority and women-owned business enterprise program. 1. (a)
Minority and women-owned business enterprises shall be given the
opportunity for meaningful participation in all contracts executed by
the corporation pursuant to the provisions of this act other than
contracts the cost of which is borne solely by a municipality or
municipalities. The corporation shall establish measures and procedures
to secure meaningful participation and identify those contracts and
items of work for which minority and women-owned business enterprises
may best bid to actively and affirmatively promote and assist their
participation in the projects, so as to facilitate the award of a fair
share of contracts to such enterprises; provided, however, that nothing
in this act shall be construed to limit the ability of the corporation
to assure that qualified minority and women-owned business enterprises
may participate in the program. For purposes hereof, minority business
enterprise shall mean any business enterprise which is at least
fifty-one per centum owned by, or in the case of a publicly owned
business, at least fifty-one per centum of the stock of which is owned
by citizens or permanent resident noncitizens who are Black, Hispanic,
Asian or American Indian, Pacific Islander or Alaskan natives and such
ownership interest is real, substantial and continuing and have the
authority to independently control the day to day business decisions of
the entity for at least one year; and women-owned business enterprise
shall mean any business enterprise which is at least fifty-one per
centum owned by, or in the case of a publicly owned business, at least
fifty-one per centum of the stock of which is owned by citizens or
permanent resident noncitizens who are women, and such ownership
interest is real, substantial and continuing and have the authority to
independently control the day to day business decisions of the entity
for at least one year.

The provisions of this paragraph shall not be construed to limit the
ability of any minority or women-owned business enterprise to bid on any
contract.

(b) In the implementation of this section, the corporation shall
consider compliance by any contractor with the requirements of any
federal, state, or local law concerning minority and women-owned
business enterprises, which may effectuate the requirements of this
section. If the corporation determines that by virtue of the imposition
of the requirements of any such law, in respect to contracts, the
provisions thereof duplicate or conflict with this section, the
corporation may waive the applicability of this section to the extent of
such duplication or conflict.

(c) Nothing in this section shall be deemed to require that overall
state and federal requirements for participation of minority and
women-owned business enterprises in programs authorized under this act
be applied without regard to local circumstances to all projects or in
all communities.

2. In order to implement the requirements and objectives of this
section, the corporation shall establish procedures to monitor the
contractors' compliance with provisions hereof, provide assistance in
obtaining competing qualified minority and women-owned business
enterprises to perform contracts proposed to be awarded, and take other
appropriate measures to improve the access of minority and women-owned
business enterprises to these contracts.