N.Y. State Finance Law Section 147
Mentor-protege program

1.

In every state agency, department and authority which has let more than ten million dollars in service and construction contracts in the prior fiscal year, the chief executive officer of that agency, department or authority shall develop a mentor-protege program to foster long-term relationships between approved mentor firms, and small business concerns and minority and women-owned businesses certified pursuant to article fifteen-A of the executive law, in order to enhance the capabilities of small and minority and women-owned business concerns, improve their success in contracting with the state or receiving subcontracts under a state contract, and to create sources of reliable contractors and subcontractors ready to perform larger jobs and responsibilities. Participation in the program shall be voluntary for both the mentor firm and the protege firm.

2.

The chief executive officer of each agency, department or authority, in consultation with the division of minority and women’s business development and the division for small-business shall develop requirements for:

(a)

approval of contractors participating in the program established pursuant to subdivision one of this section, to be known, for the purposes of such program, as “mentor firms”. Mentor firms must demonstrate commitment and ability to assist protege firms, including favorable financial health, good character, and experience in contracting with the state. Once approved, a mentor firm must annually certify that it continues to possess good character and a favorable financial position. Incentives for mentor firms to participate in the program may include:

(i)

where contracts are awarded by best value, additional evaluation points as specified in the request for proposal; and

(ii)

where protege firms are certified minority and women-owned businesses, credit towards fulfillment of minority and women-owned business participation requirements, including without limitation additional credit towards fulfillment of minority and women-owned business subcontracting participation goals based on costs incurred by a mentor firm in providing assistance to a certified minority and women-owned business protege firm.

(b)

approval for small and certified minority and women-owned business concerns receiving assistance under the program established pursuant to subdivision one of this section, to be known, for the purposes of such program, as “protege firms”. A protege firm may have only one mentor at a time and may participate in the mentor-protege program for a maximum of five years.

(c)

a process by which each mentor firm, before providing assistance to a protege firm under the program, shall enter into a mentor-protege agreement regarding the assistance to be provided by the mentor firm, for a period as determined by the chief executive officer of the agency, department or authority. A mentor firm may provide a protege firm with assistance and training in general business management; financial management, engineering, safety and technical matters; bonding assistance or bonding waivers; subcontracts; rent-free use of facilities and/or equipment; joint venture arrangements; and any other assistance as determined by the chief executive officer of the agency, department or authority. Mentor-protege agreements shall be approved by the chief executive officer of the agency, department or authority, and shall provide that either party may terminate the agreement with thirty days advance notice and notice to the chief executive officer. No determination of affiliation or control may be found between a protege firm and its mentor firm based on the mentor-protege agreement or any assistance provided pursuant to such agreement.

Source: Section 147 — Mentor-protege program, https://www.­nysenate.­gov/legislation/laws/STF/147 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

135
Separate specifications for contract work for the state 135‑A
Definitions 136
Contracts in pursuance of appropriations 136‑A
Contracts for architectural, engineering, geological, landscape architecture and surveying services 136‑B
Selection of underwriters by state agencies 136‑C
Contracts for employee training and organizational development services 136‑D
Contracts involving industrial painting and industrial coatings 136‑D*2
Contracts involving low embodied carbon concrete 137
Bond to secure payment of certain claims arising from a public improvement 138
State contracts not to be assigned without consent 138‑A
Commencement of actions on state public works contracts 139
Retained percentages 139‑A
Ground for cancellation of contract by state 139‑B
Disqualification to contract with state 139‑C
Removal of disqualification of public contractors by petition 139‑D
Statement of non-collusion in bids to the state 139‑E
Security bonds 139‑F
Payment on public work projects 139‑G
Obligations to make contracts available to small and certified women and minority-owned business concerns 139‑H
Participation in an international boycott prohibited 139‑I
Obligations with respect to procurement contracts with New York state and foreign business enterprises 139‑J
Restrictions on contacts during the procurement process 139‑K
Disclosure of contacts and responsibility of offerers 139‑L
Statement on sexual harassment, in bids 140
Disposition of deposit accompanying bid 141
Claims against contractors 142
Workmen’s compensation insurance on public works 143
Deposits on plans and specifications for contracts for public work 144
Opening and reading of bids for contracts for public work 145
Acceptance of final payment under a state contract 146
Certain construction contracts involving steel 147
Mentor-protege program 148
Certain contracts involving personal protective equipment and medical supplies
Green check means up to date. Up to date

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 147’s source at nysenate​.gov

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