§ 11-69 Compliance Reporting.
RCNY § 11-69
(1)The city chief procurement officer, in consultation with the division, will prepare and submit quarterly reports to the speaker of the council as described in this section. Preliminary reports containing information for the fiscal year in progress will be submitted to the speaker of the council by January first, April first, and July first of each year, and a final report containing information for the preceding fiscal year will be submitted to the speaker of the council by October first of each year. The reports, which will also be posted on the division's website, must contain the following information, disaggregated by agency: (a) the number and total dollar value of contracts awarded, disaggregated by industry classification and size of contract, including but not limited to, contracts valued at or below twenty thousand dollars, contracts valued above twenty thousand dollars and at or below one hundred thousand dollars, contracts valued above one hundred thousand dollars and at or below one million dollars, contracts valued above one million dollars and at or below five million dollars, contracts valued above five million dollars and at or below twenty five million dollars, and contracts valued above twenty five million dollars; (b) for those contracts for which an agency set participation goals in accordance with 66 RCNY § 11-66: (i) the number and total dollar amount of such contracts disaggregated by industry classification, size of contract and status as MBE, WBE, EBE, or non-certified firm, and further disaggregated by minority and gender group, and the number and dollar value of such contracts that were awarded to firms that are certified both as MBEs and WBEs; (ii) the number and total dollar value of such contracts that were awarded to qualified joint ventures and the total dollar amount attributed to the MBE, WBE or EBE joint venture partners, disaggregated by minority and gender group, size of contract and industry classification, and the number the dollar value of such contracts that were awarded to firms that are certified both as MBEs and WBEs; (iii) the number and total dollar value of subcontracts approved during the reporting period that were entered into pursuant to contracts for which the agency has established participation requirements under this section (including both contracts awarded during the current reporting period and those awarded in earlier reporting periods that remain open during the current reporting period), and the number and total dollar amount of such subcontracts awarded to MBEs, WBEs and EBEs, disaggregated by minority and gender group, size of subcontract and industry classification, and the number and dollar value of such subcontracts that were awarded to firms that are certified both as MBEs and WBEs; (iv) a list of the requests for full or partial waivers of participation requirements for such contracts made pursuant to paragraph 11 of 66 RCNY § 11-66 and the determination made with respect to such requests, and the number and dollar amount of those contracts for which such waivers were granted, disaggregated by industry classifications; and (v) a list of the requests for modification of participation requirements for such contracts made pursuant to subdivision 12 of 66 RCNY § 11-66 and the determinations made with respect to such requests, and the number and dollar amount of those contracts for which such modifications were granted, disaggregated by industry classification; (c) a detailed list of each complaint received pursuant to subdivision 1 of 66 RCNY § 11-72 which will, at a minimum, include the nature of each complaint and the action taken in investigating and addressing such complaint including whether and in what manner the enforcement provisions of 66 RCNY § 11-72 were invoked and the remedies applied; (d) a detailed list of all non-compliance findings made pursuant to subdivision 4 of 66 RCNY § 11-72 and actions taken in response to such findings; (e) the number of firms certified or recertified in accordance with Section 1304 of the Charter during the six months immediately preceding such report; (f) the number and percentage of contracts audited pursuant to subdivision 10 of 66 RCNY § 11-62 and a summary of the results of each audit; (g) a summary of efforts to reduce or eliminate barriers to competition as required pursuant to paragraph 11 of 66 RCNY § 11-62; (h) a list of all solicitations submitted to the city chief procurement officer pursuant to paragraph e of subdivision 2 of 66 RCNY § 11-65 and a summary of the determination made regarding each such submission; and (i) any other information as may be required by the director and/or the commissioner.
(2)The annual reports submitted in October will, in addition, contain a determination made by the director and the commissioner, as to whether each agency has made substantial progress toward achieving its utilization goals and whether the city has made substantial progress toward achieving the citywide goals established pursuant to 66 RCNY § 11-61.
(3)If an agency that has submitted an agency utilization plan pursuant to 66 RCNY § 11-64 fails to achieve its utilization goal, the agency head must prepare and submit to the director, the commissioner, the city chief procurement officer, and the speaker of the council by October first a performance improvement plan which must describe in detail the efforts such agency intends to undertake to increase M/WBE participation.
(4)The data that provide the basis for the reports required by this section must be made available electronically to the council at the time the reports are submitted.
