§ 11-64 Agency Utilization Plans.
RCNY § 11-64
(1)Beginning May 15, 2006, and on April 1 of each year thereafter, each agency which, during the fiscal year which ended on June 30 of the preceding year, has made procurements in excess of five million dollars, without counting procurements exempt pursuant to paragraph b of subdivision one of 66 RCNY § 11-74, must submit an agency utilization plan for the fiscal year commencing in July of the year when such plan is to be submitted to the commissioner. Upon approval by the commissioner such plan will be submitted to the speaker of the council. Each such plan will, at a minimum, include the following: (a) the agency's participation goals for MBEs, WBEs and EBEs for the year, provided however, that when setting its goals, each agency must consider the citywide goals, the size and nature of its own procurement portfolio (excluding contracts described in paragraph b of subdivision one of 66 RCNY § 11-74), and the availability of MBEs, WBEs and EBEs with the capacity to perform the specific types and scale of work for which the agency anticipates it will solicit procurements during the year; (b) an explanation for any agency goal that is different than the participation goal for the relevant group and industry classification as determined pursuant to 66 RCNY § 11-61; (c) a list of the names and titles of agency personnel responsible for implementation of the agency utilization plan; (d) methods and relevant activities proposed for achieving the agency's participation goals; and (e) any other information which the agency or the commissioner deems relevant or necessary.
(2)An agency utilization plan must set forth specific participation goals for MBEs, WBEs and/or EBEs for purchases of professional services, standard services, construction and goods valued at or below twenty thousand dollars, and for purchases of professional services, standard services, construction and goods valued at or below one hundred thousand dollars. When setting its goals for such purchases, in addition to the factors set forth in paragraph (1) of this section, each agency must specifically consider the potential for such purchases to provide opportunities for MBEs, WBEs and EBEs to develop greater capacity, thereby increasing competition for city procurements.
(3)An agency utilization plan may be amended from time to time to reflect changes in the agency's projected expenditures or other relevant circumstances and resulting changes in such agency's participation goals. Such amendments must be submitted to the commissioner, the city chief procurement officer and the speaker of the council at least thirty days prior to implementation.
(4)In planning its procurement activities over the course of the fiscal year, each agency subject to this section must consider how it will achieve the goals set forth in its approved agency utilization plan. This determination should be guided by the agency's knowledge of the market involved in the procurement, and the level of progress it has made during the fiscal year toward meeting its goal for the relevant category of procurement.
(5)Prior to approving individual agency utilization plans, the commissioner, in consultation with the city chief procurement officer, will consider whether such plans viewed in the aggregate establish any goals exceeding the corresponding citywide goals set forth in 66 RCNY § 11-61. If the commissioner, in consultation with the city chief procurement officer, finds any aggregated goals exceed the corresponding citywide goal, the commissioner will require agencies to adjust their goals so that plans, viewed in the aggregate, do not establish goals exceeding the citywide goals. Nothing in this paragraph will be construed to limit the award of contracts and subcontracts that may be made to MBEs, WBEs and EBEs without using goals.
(6)The commissioner, in consultation with the city chief procurement officer, will, no later than July 31 of each year, publish on the division's website a plan and schedule for each agency detailing the anticipated contracting actions for the upcoming fiscal year that form the basis for the agency utilization plan of each such agency. The plan and schedule will include information specific to each prospective invitation for bids, request for proposal, or other solicitation, including, but not limited to, the specific type and scale of the services and/or goods to be procured, the term of the proposed contract, the method of solicitation the agency intends to utilize, and the anticipated fiscal year quarter of the planned solicitation. (Amended City Record 5/25/2021, eff. 6/24/2021)
