§ 7-01 Determination of Non-Compliance.
RCNY § 7-01
a. Scope. Failure to comply with any requirement under this title is a non-compliance. In addition to any other remedies established by law, rule, or regulation, the Mayoral Agency, in consultation with the Director, may impose civil penalties on a Contractor for its non-compliance and, if applicable, the non-compliance of any of its Subcontractors. Failure to meet a Community Hiring Goal alone will not be deemed as non-compliance subject to civil penalties unless the Contractor failed to demonstrate best efforts as set forth in 74 RCNY § 5-03. A Contractor may also be subject to civil penalties for failure to correct the non-compliance. b. Notice of Non-Compliance. When there is a finding of non-compliance, the Mayoral Agency, in consultation with the Director, will send written notice to the Contractor in a manner set forth in the contract. The Notice of Non-compliance must include, but need not be limited to, the following information: 1. a description of each instance of non-compliance and the reasons upon which the finding is based; 2. identification of the instances of non-compliance that require corrective action; 3. where applicable, the specific corrective action prescribed to remedy the non-compliance, the date and time by which the corrective action must be taken, and a list of the documents or information required to demonstrate performance of the corrective action, or instructions to propose a corrective action plan as defined under subdivision a of 74 RCNY § 7-02; 4. the amount of the applicable civil penalty, if any; and 5. instructions on how to respond to the non-compliance finding. c. Contractor Response to Notice of Non-Compliance. Within 45 calendar days of the date that the Notice of Non-compliance is sent by electronic means, or within a specified time agreed to by the parties in writing, a Contractor may submit a written response to a Notice of Non-compliance to the Mayoral Agency. The response must include all documents and information upon which the Contractor relies in support of the response. A Contractor’s failure to submit a timely response will be deemed an admission of non-compliance and acceptance of the civil penalty, if any. d. Final Agency Determination. Within 45 calendar days of the date that a Contractor’s response is sent by electronic means, or within a specified time agreed to by the parties in writing, the Mayoral Agency, in consultation with the Director, will send to the Contractor a final written determination, setting forth the reasons for the determination, and the assessment of civil penalties. The Mayoral Agency must also send a copy of the Final Agency Determination to the Director. A Final Agency Determination of non-compliance with any requirement under this title is a failure to satisfy a contract requirement that may be considered for purposes of evaluating the Contractor’s performance pursuant to 9 RCNY § 4-01. (Added City Record 12/24/24, eff. 1/23/25)
