§ 11-65 Achieving Agency Participation Goals.
RCNY § 11-65
(1)Each agency head must be directly accountable for the goals set forth in his or her agency's utilization plan.
(2)Each agency must make all reasonable efforts to meet the participation goals established in its agency utilization plan. Agencies will, at a minimum, use the following methods to achieve participation goals: (a) Agencies must engage in outreach activities to encourage MBEs, WBEs and EBEs to compete for all facets of their procurement activities, including contracts awarded by negotiated acquisition, emergency and sole source contracts, and each agency will seek to utilize MBEs, WBEs and/or EBEs for all types of goods, services and construction they procure.
(b)Agencies must encourage eligible businesses to apply for certification as MBEs, WBEs and EBEs and inclusion in the directories of MBEs, WBEs and EBEs. Agencies must also encourage MBEs, WBEs and EBEs to have their names included on their bidders lists, seek pre-qualification where applicable, and compete for city business as contractors and subcontractors. Agencies are encouraged to advertise procurement opportunities in general circulation media, trade and professional association publications and small business media, and publications of minority and women's business organizations, and send written notice of specific procurement opportunities to minority and women's business organizations.
(c)All agency solicitations for bids or proposals must include information referring potential bidders or proposers to the directories of MBEs, WBEs and EBEs prepared by the division.
(d)In planning procurements, agencies must consider the effect of the scope, specifications and size of a contract on opportunities for participation by MBEs, WBEs and EBEs.
(e)Prior to soliciting bids or proposals for contracts valued at over ten million dollars, other than contracts for capital projects valued at over twenty-five million dollars and contracts that are exempt pursuant to paragraph b of subdivision one of 66 RCNY § 11-74, an agency must submit the bid or proposal to the city chief procurement officer for a determination whether it is practicable to divide the proposed contract into smaller contracts and whether doing so will enhance competition for such contracts among MBEs, WBEs and EBEs and other potential bidders or proposers. The agency must follow the instructions of the city chief procurement officer in cases where he or she determines that it is both practicable and advantageous in light of cost and other relevant factors to divide such contracts into smaller contracts.
(f)Agencies must examine their internal procurement policies, procedures and practices and, where practicable, address those elements, if any, that may negatively affect participation of MBEs, WBEs and EBEs in city procurement. (Amended City Record 5/25/2021, eff. 6/24/2021)
