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Minutes of the Annual Meeting of the Power - New York Power ...

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April 24, 2007<br />

D.G.<br />

E.H.<br />

F.I.<br />

The Authority shall, in order to promote <strong>the</strong> use <strong>of</strong> minority and womenowned<br />

business enterprises (“M/WBEs”), solicit <strong>of</strong>fers from M/WBEs<br />

known to have experience in <strong>the</strong> area <strong>of</strong> goods and/or services to be<br />

provided, regardless <strong>of</strong> <strong>the</strong> type <strong>of</strong> contract. For <strong>the</strong> purpose <strong>of</strong> <strong>the</strong>se<br />

Guidelines, an M/WBE shall be any business enterprise at least 51% <strong>of</strong><br />

which is owned by blacks, Hispanics, Native Americans (“Indians”),<br />

Asians, Pacific Islanders and/or women, and as fur<strong>the</strong>r described in <strong>the</strong><br />

Authority’s Supplier Diversity Program Policy and Procedures and<br />

Executive Law Article 15-A.<br />

To foster increased use <strong>of</strong> M/WBEs, a single proposal may be sought,<br />

negotiated and accepted for purchases <strong>of</strong> goods or services not exceeding<br />

$5,000 from a <strong>New</strong> <strong>York</strong> State-certified M/WBE that <strong>of</strong>fers a reasonable<br />

price for such goods or services (not exceeding $5,000).<br />

Pursuant to Public Authorities Law § 2879, it is <strong>the</strong> policy <strong>of</strong> <strong>New</strong> <strong>York</strong><br />

State to promote <strong>the</strong> participation <strong>of</strong> and maximize <strong>the</strong> opportunities for<br />

<strong>New</strong> <strong>York</strong> State business enterprises and <strong>New</strong> <strong>York</strong> State residents in<br />

Procurement Contracts. The Authority shall use its best efforts to promote<br />

such participation and shall comply with <strong>the</strong> applicable provisions <strong>of</strong> <strong>the</strong><br />

Act.<br />

1. For <strong>the</strong> purpose <strong>of</strong> this section, a <strong>New</strong> <strong>York</strong> State business<br />

enterprise shall mean a business enterprise, including a sole<br />

proprietorship, partnership or corporation that <strong>of</strong>fers for sale or lease<br />

or o<strong>the</strong>r form <strong>of</strong> exchange, goods sought by <strong>the</strong> Authority that are<br />

substantially manufactured, produced or assembled in <strong>New</strong> <strong>York</strong><br />

State or services sought by <strong>the</strong> Authority that are substantially<br />

performed within <strong>New</strong> <strong>York</strong> State as fur<strong>the</strong>r described in Public<br />

Authorities Law § 2879.<br />

2. For <strong>the</strong> purpose <strong>of</strong> this section, a <strong>New</strong> <strong>York</strong> State resident means a<br />

person who maintains a fixed, permanent and principal home in<br />

<strong>New</strong> <strong>York</strong> State to which such person, whenever temporarily<br />

located, always intends to return as fur<strong>the</strong>r described in Public<br />

Authorities Law § 2879.<br />

3. For <strong>the</strong> purpose <strong>of</strong> this section, a foreign business enterprise shall<br />

mean a business enterprise, including a sole proprietorship,<br />

partnership or corporation, that <strong>of</strong>fers for sale, lease or o<strong>the</strong>r form <strong>of</strong><br />

exchange, goods sought by <strong>the</strong> Authority that are substantially<br />

produced outside <strong>New</strong> <strong>York</strong> State, or services sought by <strong>the</strong><br />

Authority that are substantially performed outside <strong>New</strong> <strong>York</strong> State<br />

as fur<strong>the</strong>r described in Public Authorities Law § 2879.<br />

3

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