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This entry was published on 2022-12-16
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SECTION 428
Minority and women-owned business enterprise program
Transportation (TRA) CHAPTER 61-A, ARTICLE 17
§ 428. Minority and women-owned business enterprise program. 1.
Federal assistance projects. Where a transportation infrastructure
renewal project or municipal transportation infrastructure project
involving federal assistance is undertaken to effectuate the provisions
of this article, applicable federal laws relative to participation of
minority and women-owned business enterprises shall apply.

2. Other transportation infrastructure renewal projects. a. In the
performance of transportation infrastructure renewal projects, minority
and women-owned business enterprises shall be given the opportunity for
meaningful participation. The governor 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 department's construction and
procurement program for transportation infrastructure renewal projects,
so as to facilitate the award of a fair share of contracts to such
enterprises; provided, however, that nothing in this article shall be
construed to limit the ability of the governor to assure that qualified
minority and women-owned business enterprises may participate in the
transportation infrastructure renewal 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, and such ownership interest is real,
substantial and continuing; 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.

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

b. In the implementation of this section, the department 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 department determines that by virtue of the imposition
of the requirements of any such law, in respect to capital project
contracts, the provisions thereof duplicate or conflict with such law,
the department 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
article be applied without regard to local circumstances to all projects
or in all communities.

3. In order to implement the requirements and objectives of this
section, the governor 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.