New York Executive Code § 316-A

Prohibitions in contracts; violations
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* § 316-a. Prohibitions in contracts; violations. Every contracting\nagency shall include a provision in its state contracts expressly\nproviding that any contractor who willfully and intentionally fails to\ncomply with the minority and women-owned participation requirements of\nthis article as set forth in such state contract shall be liable to the\ncontracting agency for liquidated or other appropriate damages and shall\nprovide for other appropriate remedies on account of such breach. A\ncontracting agency that elects to proceed against a contractor for\nbreach of contract as provided in this section shall be precluded from\nseeking enforcement pursuant to section three hundred sixteen of this\narticle; provided however, that the contracting agency shall include a\nsummary of all enforcement actions undertaken pursuant to this section\nin its annual report submitted pursuant to subdivision three of section\nthree hundred fifteen of this article.\n  * NB Repealed July 1, 2028\n

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