§ 11-62 Responsibilities of the Division.
RCNY § 11-62
(1)The division will create and maintain and periodically update directories by industry classification of MBEs, WBEs and EBEs which it will supply to all agencies, post on its website and on other relevant city websites and make available for dissemination and/or public inspection at its offices and other locations within each borough. In addition, the division will prepare, periodically update, and post on the division's website a directory of such city certified business enterprises for use by city agencies and contractors, which will include, but is not limited to, the following information for each such business enterprise, as applicable: (i) identification of the market sector in which the business enterprise operates; (ii) the bonding capacity of the business enterprise; (iii) the union affiliation, if any, of the business enterprise; (iv) the contract price and specific tasks performed by the business enterprise for its last three contracts; and (v) the renewal date for the business enterprise's certification.
(2)The division will make its resources available to assist agencies and contractors in (i) determining the availability of MBEs, WBEs and EBEs to participate in their contracts as prime contractors and/or subcontractors; and (ii) identifying opportunities appropriate for participation by MBEs, WBEs and EBEs in contracts.
(3)The division will develop and maintain relationships with organizations representing contractors, including MBEs, WBEs and EBEs, and solicit their support and assistance in efforts to increase participation of MBEs, WBEs and EBEs in city procurement.
(4)The division will coordinate with city and state entities that maintain databases of MBEs, WBEs and EBEs and work to enhance city availability data and directories.
(5)The division will keep agency M/WBE officers informed of conferences, contractor fairs, and other services that are available to assist them in pursuing the objectives of this section.
(6)The division will conduct, coordinate and facilitate technical assistance and educational programs for MBEs, WBEs and EBEs and other contractors designed to enhance participation of MBEs, WBEs and EBEs in city procurement. The division will further develop a clearinghouse of information on programs and services available to MBEs, WBEs and EBEs. The division will conduct meetings with MBEs, WBEs and EBEs to discuss what agencies look for in evaluating bids and proposals. The division will also educate prime contractors on opportunities to partner or subcontract with certified MBEs, WBEs and EBEs.
(7)The division will develop standardized forms and reporting documents for agencies and contractors to facilitate the reporting requirements of this section.
(8)The division will direct and assist agencies in their efforts to increase participation by MBEs, WBEs and EBEs in any city-operated financial, technical, and management assistance program.
(9)The division will study and recommend to the commissioner methods to streamline the M/WBE and EBE certification process.
(10)Each fiscal year the division, in consultation with the city chief procurement officer and the director, will audit at least 5% of all open contracts for which contractor utilization plans have been established in accordance with 66 RCNY § 11-66 and 5% of all contracts awarded to MBEs, WBEs and EBEs to assess compliance with this subchapter. All solicitations for contracts for which contractor utilization plans are to be established will include notice of potential audit.
(11)The division will assist agencies in identifying and seeking ways to reduce or eliminate practices such as bonding requirements or delays in payment by prime contractors that may present barriers to competition by MBEs, WBEs and EBEs.
(12)The division will encourage prime contractors to enter joint venture agreements with MBEs, WBEs and EBEs.
(13)The division will assist appropriate certified business enterprises in becoming prequalified for those categories of procurement for which they may be eligible and for which contracting agencies utilize prequalification in the procurement process; (14) (a) The division will, upon reviewing applications for certification and recertification, determine whether a firm qualifies as a graduate MBE, WBE, or EBE.
(b)At any time more than two years after the division has determined that a firm qualifies as a graduate MBE, WBE or EBE, the firm may apply to have such designation lifted. The division will lift the designation if the firm demonstrates that it has not been awarded contracts by one or more agencies within the past three years where the total city funding from the expense and capital budgets for such contracts was equal to or greater than fifty million dollars and it has been below the size standards established by the United States small business administration for its industry for a period of two years or more. (Amended City Record 5/25/2021, eff. 6/24/2021)
