§ 11-70 Agency Compliance.
RCNY § 11-70
(1)Each agency must submit to the commissioner and the city chief procurement officer such information as is necessary for the city chief procurement officer to complete his or her reports as required in 66 RCNY § 11-69. The director, the commissioner, and the city chief procurement officer will review each agency's submissions. The director will convene the agency M/WBE officers for those agencies that have submitted utilization plans pursuant to 66 RCNY § 11-64 as often as the director deems necessary, but no less frequently than once per quarter, in order to have agency M/WBE officers (i) discuss the results of the reports required in 66 RCNY § 11-69; (ii) offer detailed information concerning their effectuation of their performance improvement plans and any additional efforts undertaken to meet goals established in agency utilization plans; (iii) share the practices that have yielded successes in increasing M/WBE participation; and (iv) devise strategic plans to improve the performance of those failing to meet goals established in agency utilization plans. No less frequently than twice per year, agency heads for those agencies that have submitted utilization plans pursuant to 66 RCNY § 11-64 must join such quarterly meetings. Whenever it has been determined that an agency is not making adequate progress toward the goals established in its agency utilization plan, the director, the commissioner, and the city chief procurement officer will act to improve such agency's performance, and may take any of the following actions: (a) require the agency to submit more frequent reports about its procurement activity; (b) require the agency to notify the director, the commissioner and the city chief procurement officer, prior to solicitation of bids or proposals for, and/or prior to award of, contracts in any category where the agency has not made adequate progress toward achieving its utilization goals; (c) reduce or rescind contract processing authority delegated by the mayor pursuant to Sections 317 and 318 of the Charter; and (d) any other action the director, the commissioner, and the city chief procurement officer deem appropriate.
(2)Noncompliance. Whenever the director, the city chief procurement officer, or the commissioner finds that an agency has failed to comply with its duties under this section, he or she will attempt to resolve such noncompliance informally with the agency head. In the event that the agency fails to remedy its noncompliance after such informal efforts, the director and the city chief procurement officer will submit such findings in writing to the mayor and the speaker of the council, and the mayor will take appropriate measures to ensure compliance.
(3)Failure by an agency to submit information required by the director, the division, or the city chief procurement officer, in accordance with this section, including but not limited to the utilization plan required pursuant to 66 RCNY § 11-64 of this subchapter, will be deemed noncompliance.
