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What is NYC RCNY § 11-63?

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Each agency head will designate a deputy commissioner or other executive officer to act as the agency M/WBE officer who will be directly accountable to the agency head concerning the activities of the agency in carrying out its responsibilities pursuant to this section, including the responsibilities relating to EBE pa

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Effective: 6/24/2021Last amended: 6/24/2021

§ 11-63 Responsibilities of Agency M/WBE Officers.

RCNY § 11-63

Each agency head will designate a deputy commissioner or other executive officer to act as the agency M/WBE officer who will be directly accountable to the agency head concerning the activities of the agency in carrying out its responsibilities pursuant to this section, including the responsibilities relating to EBE participation. The duties of the M/WBE officer will include, but not be limited to: (1) creating the agency's utilization plan in accordance with 66 RCNY § 11-64; (2) acting as the agency's liaison with the division; (3) acting as a liaison with organizations and/or associations of MBEs, WBEs and EBEs, informing such organizations and/or associations of the agency's procurement procedures, and advising them of future procurement opportunities; (4) ensuring that agency bid solicitations and requests for proposals, and opportunities to be added to prequalified lists, are sent to MBEs, WBEs and EBEs in a timely manner, consistent with this section and rules of the procurement policy board; (5) referring MBEs, WBEs and EBEs to technical assistance services available from agencies and other organizations; (6) reviewing requests for waivers and/or modifications of participation goals and contractor utilization plans in accordance with 66 RCNY § 11-66; (7) working with the division and city chief procurement officer in creating directories of certified MBEs, WBEs and EBEs pursuant to 66 RCNY § 11-68. In fulfilling this duty, the agency M/WBE officer will track and record each contractor that is an MBE, WBE or EBE and each subcontractor hired pursuant to such officer's agency contracts that is an MBE, WBE or EBE, and will share such information with the director, the commissioner, and the city chief procurement officer; (8) for contracts for which contractor utilization plans have been established pursuant to 66 RCNY § 11-66, monitoring each contractor's compliance with its utilization plan by appropriate means, which will include, but need not be limited to, job site inspections, contacting MBEs, WBEs and EBEs identified in the plan to confirm their participation, and auditing the contractor's books and records; (9) monitoring the agency's procurement activities to ensure compliance with its agency utilization plan and progress towards the participation goals as established in such plan; (10) providing to the city chief procurement officer information for the reports required in 66 RCNY § 11-69 and providing any other plans and/or reports required pursuant to this subchapter or requested by the director and/or the city chief procurement officer; (11) participating in meetings required pursuant to 66 RCNY § 11-70; (12) facilitating training of agency staff; (13) developing and maintaining agency standard operating protocols for the M/WBE program; and (14) promptly disseminating information, tools, and resources that support the agency's meeting of the requirements of this section. (Amended City Record 5/25/2021, eff. 6/24/2021)

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