§ 147 — Mentor-protege program

§ 147. Mentor-protege program. 1. In every state agency, department\nand authority which has let more than ten million dollars in service and\nconstruction contracts in the prior fiscal year, the chief executive\nofficer of that agency, department or authority shall develop a\nmentor-protege program to foster long-term relationships between\napproved mentor firms, and small business concerns and minority and\nwomen-owned businesses certified pursuant to article fifteen-A of the\nexecutive law, in order to enhance the capabilities of small and\nminority and women-owned business concerns, improve their success in\ncontracting with the state or receiving subcontracts under a state\ncontract, and to create sources of reliable contractors and\nsubcontractors ready to perform larger jobs and responsibilities.\nParticipation in the program shall be voluntary for both the mentor firm\nand the protege firm.\n 2. The chief executive officer of each agency, department or\nauthority, in consultation with the division of minority and women's\nbusiness development and the division for small-business shall develop\nrequirements for:\n (a) approval of contractors participating in the program established\npursuant to subdivision one of this section, to be known, for the\npurposes of such program, as "mentor firms". Mentor firms must\ndemonstrate commitment and ability to assist protege firms, including\nfavorable financial health, good character, and experience in\ncontracting with the state. Once approved, a mentor firm must annually\ncertify that it continues to possess good character and a favorable\nfinancial position. Incentives for mentor firms to participate in the\nprogram may include: (i) where contracts are awarded by best value,\nadditional evaluation points as specified in the request for proposal;\nand (ii) where protege firms are certified minority and women-owned\nbusinesses, credit towards fulfillment of minority and women-owned\nbusiness participation requirements, including without limitation\nadditional credit towards fulfillment of minority and women-owned\nbusiness subcontracting participation goals based on costs incurred by a\nmentor firm in providing assistance to a certified minority and\nwomen-owned business protege firm.\n (b) approval for small and certified minority and women-owned business\nconcerns receiving assistance under the program established pursuant to\nsubdivision one of this section, to be known, for the purposes of such\nprogram, as "protege firms". A protege firm may have only one mentor at\na time and may participate in the mentor-protege program for a maximum\nof five years.\n (c) a process by which each mentor firm, before providing assistance\nto a protege firm under the program, shall enter into a mentor-protege\nagreement regarding the assistance to be provided by the mentor firm,\nfor a period as determined by the chief executive officer of the agency,\ndepartment or authority. A mentor firm may provide a protege firm with\nassistance and training in general business management; financial\nmanagement, engineering, safety and technical matters; bonding\nassistance or bonding waivers; subcontracts; rent-free use of facilities\nand/or equipment; joint venture arrangements; and any other assistance\nas determined by the chief executive officer of the agency, department\nor authority. Mentor-protege agreements shall be approved by the chief\nexecutive officer of the agency, department or authority, and shall\nprovide that either party may terminate the agreement with thirty days\nadvance notice and notice to the chief executive officer. No\ndetermination of affiliation or control may be found between a protege\nfirm and its mentor firm based on the mentor-protege agreement or any\nassistance provided pursuant to such agreement.\n