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Minimum Qualifications A Bachelor’s degree AND three years of experience in MWBE/Affirmative Action OR three years of community economic development program or audit/compliance experience.
Substitution: A Master’s degree or higher substitutes for one year of experience. An associate’s degree requires two additional years of experience.
Preferred: Law School Graduate (NYS Bar certified, but not necessary) or JD and 1 year as a supervisor with one year of procurement and contract management
Duties Description Under the general direction of the Minority and Women’s Business Enterprise (MWBE) Compliance Officer, the incumbent supervises subordinate analysts in monitoring and enforcing agency legal compliance with the provisions of New York State Executive Law, Article 15-A and related rules and regulations concerning the utilization of MWBEs on state contracts. The incumbent will keep Division management apprised on a timely basis of significant issues, trends, or developments, with written findings and recommendations. Travel may be required.
• Support the Compliance Officer in secondary review of Agency goal plans for compliance with Article 15-A of the Executive Law and other related sources of law and policy pertaining to the MWBE program.
• Evaluate staff review of MWBE quarterly reported utilization by New York State agencies and authorities for accuracy, completeness, and compliance with Article 15-A, associated regulations and Division policies.
• Conduct periodic meetings with agencies/authorities to discuss MWBE compliance related progress and needs, report and provide recommended follow-up to MWBE Division management.
• Conduct on-site sampling audits of agency/authority contract documents and procurement records to assess compliance with Article 15-A and associated regulations, related laws, rules, and MWBE Division directives.
• Monitor and conduct periodic surveys related to agency/authority 15-A programs, investigate potential breaches of Article 15-A and associated regulations and directives.
• Represent the MWBE Division at administrative appeals of the revocation or denial of MWBE certification and participate in the monitoring of disputes between contractors and agencies/authorities, insuring the proper documentation is obtained for office files and drafting requested reports for counsel’s office as required
o Prepares recommendations for possible mediation efforts by the Director in such disputes;
o Monitors the progress and results of agency hearings and any subsequent arbitration proceedings and provides Counsel’s Office with requested files and monitoring reports;
o Reviews arbitration awards regarding violations of the contract or the refusal of the agency to grant a waiver request to the contractor; reassesses agency policies and practices in light of arbitration decisions.
• Plan and conducts trainings, orientation and technical assistance programs for agencies/authorities regarding MWBE compliance to include; use of the New York State Contract System (and any successor system), The Division’s electronic record database; program compliance responsibilities under Article 15-A, such as procurement practices and reporting protocols; and policies and practices relating to new initiatives.
• Work with the Certification Unit to coordinate compliance efforts regarding certification denials or investigations.
• Work with the Agency Services Unit to coordinate compliance efforts regarding agency/authority contracting reporting compliance.
• Work closely with the Business Development Unit to identify and coordinate compliance related outreach and trainings.
• Prepare, provide, and report on MWBE program compliance as required, develop correspondence, surveys and reports as requested for internal or external distribution.
• Identify those agencies/authorities that are to be placed on remedial plans, and issue notices of such requirement to said agencies/authorities. Then meet with, monitor, make recommendations and report on agencies/authorities’ remedial plans progress towards them getting back into 15-A compliance.
• Perform other special projects as reasonably required by the Compliance Officer or Executive Director.
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