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Minority and women's business development activities, defined by Article 15-A of Executive Law, Article 4-A of the Economic Development Law and various regulations, especially 5 NYCRR 140-144, assist minorities and women to enter and remain in the mainstream of economic activities. Agencies are required to promote involvement of minority and women-owned businesses in state-funded and state-supported economic activities, especially procurement.
Control and Service Agency: The Division of Minority and Women’s Business Development, Department of Economic Development provides centralized support and oversight for this program.
Records Not Covered: All records of the Division of Minority and Women’s Business Development. Records of federally funded projects where retention requirements exceed the retention periods in this schedule.
90325 Minority and Women-Owned Business Development Annual Agency Goal Plans
Agency copies of yearly plans filed with the Division of Minority and Women’s Business Development indicating agency goals to promote business opportunities for minority and women-owned businesses.
Minimum Retention and Disposition: Destroy 1 year after submission of plan or when superseded by a new plan, whichever occurs later.
Justification: Record copies of these records are filed with the Department of Economic Development, Division of Minority and Women’s Business Development.
*90326 Minority and Women-Owned Business Development Quarterly Compliance and Utilization Reports
Agency copies of quarterly reports filed with the Division of Minority and Women’s Business Development reporting utilization of minority and women's businesses in procurement and work force information as provided in work force employment utilization reports submitted to agencies by contractors.
Minimum Retention and Disposition: Destroy 1 year after submission of report.
Justification: Record copies of these records are filed with the Department of Economic Development’s Division of Minority and Women’s Business Development pursuant to 5 NYCRR 141.4 and 142.4.
90327 Contractor Compliance Monitoring Files
Reports submitted by contractors and used by agencies to monitor contractor implementation of affirmative action and equal employment opportunity programs for minority group members and women and utilization of minority and women-owned businesses for subcontracts and for the purchase of goods and services.
Minimum Retention and Disposition: Destroy 6 years after contract expiration.
Justification: These records may provide evidence in litigation related to compliance with minority and women-owned business development requirements in the award and administration of contracts (Section 213 of the Civil Practice Law and Rules).
Note: Before disposing of these records, agencies must ensure that no legal actions have been initiated which might require access to them. If a case-by-case review of files is impractical, the Office of the Attorney General advises retaining the records an additional 3 months beyond the minimum retention period.
90328 Minority and Women-Owned Business Development Subject Files
Records used to support the administration of an agency's minority and women-owned business development program, arranged by subject, including correspondence, memoranda, internal policies and procedures, contractor complaints and resolutions, statistical reports, vendor materials, bidder information, articles and related records on business development, entrepreneurship, technical assistance and related topics.
Minimum Retention and Disposition: Destroy 3 years after creation or when superseded, whichever occurs first.
Justification: Some records in minority and women-owned business development subject files may be needed to document compliance with state contracting requirements.