§ 10-03 Covered Contracts.
RCNY § 10-03
(a)General.
(1)All contractors doing business with the City without regard to the dollar amount or source of funding of the contract must be equal employment opportunity employers.
(2)Contractors whose contracts are funded in whole or in part by federal or state funds must also meet the standards and applicable legal requirements of the funding source. To the extent that federal or state requirements are different from the requirements of E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations, the requirements of E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations shall apply, except in those circumstances where application of the City's requirements would make it impossible for the contractor to meet the program requirements of the funding source.
(b)Submission requirements.
(i)Before the contract may be awarded, each proposed supply and service contractor for a contract in excess of the small purchase limit established by rule of the Procurement Policy Board for procurement for goods and services who employs 50 or more employees is required to submit to the Division an Employment Report for the facility or establishment where the contract will be performed and where the Division deems necessary for a full review, the principle place of business or corporate headquarters; (ii) Before the contract may be awarded, each proposed construction contractor for a contract in excess of $1 million is required to submit to the Division an Employment Report for its principal place of business or headquarters, the construction site where the contract will be performed and other non-City funded construction sites of the contractor within the City; (iii) A contracting agency may award a requirements contract or an open market purchase agreement covered by these regulations prior to review by the Division of the contractor's Employment Report but may not make a purchase order against such contract or agreement until it has first transmitted such contractor's Employment Report to the Division and the Division has completed its review.
(vi)a contract for Client Services, as defined above; except that nothing in this section shall prevent the Commissioner in the Commissioner's sole discretion from requiring an employment report from a Client Services agency that has contracted with the City if the Commissioner believes that the Client Services agency is in violation of the equal employment requirements of City, State or Federal law.
(3)Unless otherwise provided by law, an Employment Report shall not be required on a preaward basis for an emergency contract awarded pursuant to Executive Order No. 2 (2nd) (1970), as amended, Section 315 of the Charter or the General Municipal Law § 103(4). In such cases, the contracting agency shall promptly notify the Office of the award of such a contract by submission of a copy of the documentation submitted to the Law Department. In the event of an emergency not covered under the foregoing provisions, the contracting agency head will notify the Director in writing requesting a waiver of the preaward submission requirements. Said request must contain a statement of reason for such waiver request.
(4)Unless otherwise required by law, an Employment Report shall not be required for a covered supply and service contract with a contractor who has received a valid certificate of compliance with the equal employment requirement of applicable law as follows: (i) where a contractor has received a Certificate of Equal Employment Compliance issued after a desk audit by an appropriate federal or state agency in the preceding 36 months, the proposed contractor shall submit a copy of such certificate of compliance to the Division; (ii) where a contractor has been desk audited by an appropriate government agency and found to have deficiencies with respect to equal employment compliance and has agreed, within the preceding 36 months, to correct these deficiencies, the contractor may submit documentation regarding the finding of deficiencies and corrective measures taken. The Division may thereafter, in its discretion, require the submission of all reports concerning implementation of corrective measures or a completed Employment Report; and (iii) where a contractor has been reviewed by the Division and issued a certificate of compliance in the preceding 36 months, the contractor shall submit a copy of such certificate of compliance to the Division.
(5)Unless otherwise required by law, the Division may in its discretion waive the submission of an Employment Report where the contractor is in the process of being desk audited by an appropriate government agency and grant the contractor a conditional approval. Upon completion of the audit, the contractor must advise the Bureau of the results of the audit. The Division may thereafter in its discretion, require the submission of all reports concerning implementation of corrective measures or a completed Employment Report.
(6)The contractor may at its option submit its existing Affirmative Action Plan ("Plan") in lieu of parts of the Employment Report, provided that the Plan contains essentially the same information as those portions of the Employment Report.
(7)The contractor may at its option submit copies of its self-evaluation and transition plans written pursuant to § 504 of the Rehabilitation Act of 1973.
(8)The Director may, on the written request of the contracting agency head, waive the submission requirements of E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations where the agency head certifies that: (i) the contracting agency has been unable to secure the submission of an employment report after making diligent efforts; and (ii) the proposed contractor is the sole provider of a unique service, supply or labor; or (iii) because of the unique circumstances of the contract it would not be in the public interest to require submission of an Employment Report prior to the award of the contract.
(9)Failure to file timely, complete and accurate reports as required by E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations constitutes noncompliance with E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations. The Director may direct the contracting agency head to impose sanctions authorized by E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations in connection with such noncompliance. The Division shall notify the contracting agency in writing of any such failure as soon as practicable. (Amended City Record 10/31/2023, eff. 11/30/2023)
