reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9600 - Guidelines For Qualification And Evaluation Of Contractors, Subcontractors, Consultants, Vendors And Suppliers For Contracts On All Phases Of Construction, Reconstruction, Improvement Or Rehabilitation Of New York City Schools › Section 9600.2 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All interested
				contractors, architect/engineering firms, construction management firms,
				professional consultants, suppliers and vendors (for contracts of $10,000 or
				more) are required to complete a prequalification application.
(b) In evaluating the applicant's
				qualification, the authority will take into consideration the following
				factors:
(1) experience;
(2) quality and timeliness of past
				performance;
(3) financial
				capacity;
(4) reliability and
				responsibility;
(5) compliance with
				equal employment requirements including LBE, MBE and WBE programs;
(6) recognition of New York State approved
				apprentice programs and compliance with wage, hour and other fair labor
				standards; and
(7) integrity of the
				firm, its affiliates, and current and past owners and principals.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9600 - Guidelines For Qualification And Evaluation Of Contractors, Subcontractors, Consultants, Vendors And Suppliers For Contracts On All Phases Of Construction, Reconstruction, Improvement Or Rehabilitation Of New York City Schools › Section 9600.3 - Minimum standards

Current through Register Vol. 46, No. 28, July 10, 2024
To be prequalified, applicants must meet at least the
				  following minimum standards:
(a)
				Financial capacity. The applicant must have sufficient financial ability to
				undertake work in the area in which prequalification is sought. An applicant
				that fails to meet this standard will be unable to work for the authority until
				such time as it can demonstrate it has attained sufficient financial
				capacity.
(b) Experience. The
				applicant must have sufficient experience in the relevant trade or field in
				which it seeks to do work. An applicant that fails to meet this standard will
				be unable to work for the authority until such time as it can demonstrate that
				it has attained sufficient experience.
(c) History of performance. The applicant
				must have a demonstrated record of timely completion of quality work. Failure
				to meet this standard may result in applicants disqualification for a period of
				up to five years. A failure to meet the performance standard will be deemed to
				have occurred in the event of debarment, default, disqualification, a finding
				of "poor performer" or " not responsible" of the applicant or its affiliates by
				any government entity. If the applicant's failure to perform quality work in a
				timely manner is based on other than the findings enumerated above, the
				authority will evaluate the facts and circumstances on a case-by-case
				basis.
(d) Integrity and ethics.
				Companies seeking to do business with the authority must have a reputation for
				and a record of law-abiding conduct and ethical business practices. Failure to
				meet this standard will result in the applicant's disqualification for a period
				of up to five years.
(1) A failure to meet
				the integrity and ethics standard will be deemed to have occurred in the event
				the applicant, its affiliates or any current or past owners or principals:
(i) have been convicted within the past five
				years of a crime involving unfair or unethical business practices or acts of
				moral turpitude;
(ii) have been
				held not responsible, denied a contract or denied approval as a subcontractor,
				vendor or material supplier for reasons of integrity, or for failure to
				cooperate with another agency's inquiries; or
(iii) made material false statements or
				answers in response to questions arising out of the prequalification
				process.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9600 - Guidelines For Qualification And Evaluation Of Contractors, Subcontractors, Consultants, Vendors And Suppliers For Contracts On All Phases Of Construction, Reconstruction, Improvement Or Rehabilitation Of New York City Schools › Section 9600.4 - Revocation of prequalification status

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The authority may revoke the prequalified
				status of a contractor on the basis of either changed circumstances or
				discovery of new evidence that indicates the firm does not meet the authority's
				standards. Following such revocation, the authority shall determine the
				appropriate period of disqualification in accordance with the standards
				enumerated in section
				9600.3 of this Part. If it is
				determined that the contractor knowingly and willfully submitted a false
				instrument for the purpose of defrauding the authority or of obstructing an
				official investigation, the authority may revoke the contractor's
				prequalification status permanently.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9600 - Guidelines For Qualification And Evaluation Of Contractors, Subcontractors, Consultants, Vendors And Suppliers For Contracts On All Phases Of Construction, Reconstruction, Improvement Or Rehabilitation Of New York City Schools › Section 9600.5 - Procedure for disqualification and revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event the authority concludes that
				there may be sufficient evidence to warrant denial/revocation of a firm's
				prequalification, the authority shall notify the contractor of its proposed
				denial or revocation of prequalification status, the reasons for this
				denial/revocation, and the period of disqualification.
(b) A contractor so notified may request a
				meeting, at which the contractor shall have the opportunity to present evidence
				that might result in reconsideration of the authority's preliminary conclusion
				to deny or revoke the contractor's prequalification.
(c) The authority shall provide to the
				contractor final written notification of its determination.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9600 - Guidelines For Qualification And Evaluation Of Contractors, Subcontractors, Consultants, Vendors And Suppliers For Contracts On All Phases Of Construction, Reconstruction, Improvement Or Rehabilitation Of New York City Schools › Section 9600.6 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9600 - Guidelines For Qualification And Evaluation Of Contractors, Subcontractors, Consultants, Vendors And Suppliers For Contracts On All Phases Of Construction, Reconstruction, Improvement Or Rehabilitation Of New York City Schools › Section 9600.7 - Evaluation criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				contractor's performance will be evaluated by the authority pursuant to the
				following criteria:
(1) management of
				project;
(2) quality of
				work;
(3) recordkeeping;
(4) subcontracting;
(5) contract changes;
(6) compliance with authority MBE/WBE/LBE
				requirements;
(7) compliance with
				prevailing wage standards;
(8)
				recognition of approved apprentice programs;
(9) adherence to safety procedures;
				and
(10) fulfillment of work force
				requirements.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9602 - Guidelines For Qualification And Evaluation Of General Contractors To Perform On All Phases Of Construction, Reconstruction, Improvement Or Rehabilitation Of New York City Schools › Section 9602.1 - Authority

Current through Register Vol. 46, No. 28, July 10, 2024
The New York City School Construction Authority (the
				  authority), pursuant to section 1735 of the New York City School Construction
				  Authority Act, establishes the following guidelines governing the qualification
				  and evaluation of general contractors described in this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9602 - Guidelines For Qualification And Evaluation Of General Contractors To Perform On All Phases Of Construction, Reconstruction, Improvement Or Rehabilitation Of New York City Schools › Section 9602.2 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All interested
				general contractors are required to complete a prequalification
				application.
(b) In evaluating the
				applicant's qualification, the authority will take into consideration the
				following factors:
(1) experience;
(2) quality and timeliness of past
				performance;
(3) financial
				capacity;
(4) reliability and
				responsibility;
(5) compliance with
				equal employment requirements including LBE, MBE and WBE programs;
(6) recognition of New York State approved
				apprentice programs and compliance with wage, hour and other fair labor
				standards; and
(7) integrity of the
				firm, its affiliates, and current and past owners and principals.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9602 - Guidelines For Qualification And Evaluation Of General Contractors To Perform On All Phases Of Construction, Reconstruction, Improvement Or Rehabilitation Of New York City Schools › Section 9602.3 - Minimum standards

Current through Register Vol. 46, No. 28, July 10, 2024
To be prequalified, applicants must meet at least the
				  following minimum standards:
(a)
				Financial capacity. The applicant must have sufficient financial ability to
				undertake work in the area in which prequalification is sought. An applicant
				that fails to meet this standard will be unable to work for the authority until
				such time as it can demonstrate it has attained sufficient financial
				capacity.
(b) Experience. The
				applicant must have sufficient experience in the relevant trade or field in
				which it seeks to do work. An applicant that fails to meet this standard will
				be unable to work for the authority until such time as it can demonstrate that
				it has attained sufficient experience.
(c) History of performance. The applicant
				must have a demonstrated record of timely completion of quality work. Failure
				to meet this standard may result in applicants disqualification for a period of
				up to five years. A failure to meet the performance standard will be deemed to
				have occurred in the event of debarment, default, disqualification, a finding
				of "poor performer" or "not responsible" of the applicant or its affiliates by
				any government entity. If the applicant's failure to perform quality work in a
				timely manner is based on other than the findings enumerated above, the
				authority will evaluate the facts and circumstances on a case-by-case
				basis.
(d) Integrity and ethics.
				Companies seeking to do business with the authority must have a reputation for
				and a record of law-abiding conduct and ethical business practices. Failure to
				meet this standard will result in the applicant's disqualification for a period
				of up to five years.
(1) A failure to meet
				the integrity and ethics standard will be deemed to have occurred in the event
				the applicant, its affiliates or any current or past owners or principals:
(i) have been convicted within the past five
				years of a crime involving unfair or unethical business practices or acts of
				moral turpitude;
(ii) have been
				held not responsible, denied a contract or denied approval as a subcontractor,
				vendor or material supplier for reasons of integrity, or for failure to
				cooperate with another agency's inquiries; or
(iii) made material false statements or
				answers in response to questions arising out of the prequalification
				process.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9602 - Guidelines For Qualification And Evaluation Of General Contractors To Perform On All Phases Of Construction, Reconstruction, Improvement Or Rehabilitation Of New York City Schools › Section 9602.4 - Revocation of prequalification status

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The authority may revoke the prequalified
				status of a contractor on the basis of either changed circumstances or
				discovery of new evidence that indicates the firm does not meet the authority's
				standards. Following such revocation, the authority shall determine the
				appropriate period of disqualification in accordance with the standards
				enumerated in section
				9602.3 of this Part. If it is
				determined that the contractor knowingly and willfully submitted a false
				instrument for the purpose of defrauding the authority or of obstructing an
				official investigation, the authority may revoke the contractor's
				prequalification status permanently.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9602 - Guidelines For Qualification And Evaluation Of General Contractors To Perform On All Phases Of Construction, Reconstruction, Improvement Or Rehabilitation Of New York City Schools › Section 9602.5 - Procedure for disqualification and revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event the authority concludes that
				there may be sufficient evidence to warrant denial/revocation of a firm's
				prequalification, the authority shall notify the contractor of its proposed
				denial or revocation of prequalification status, the reasons for this
				denial/revocation, and the period of disqualification.
(b) A contractor so notified may request a
				meeting, at which the contractor shall have the opportunity to present evidence
				that might result in reconsideration of the authority's preliminary conclusion
				to deny or revoke the contractor's prequalification.
(c) The authority shall provide to the
				contractor final written notification of its determination.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9602 - Guidelines For Qualification And Evaluation Of General Contractors To Perform On All Phases Of Construction, Reconstruction, Improvement Or Rehabilitation Of New York City Schools › Section 9602.6 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9602 - Guidelines For Qualification And Evaluation Of General Contractors To Perform On All Phases Of Construction, Reconstruction, Improvement Or Rehabilitation Of New York City Schools › Section 9602.7 - Evaluation criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				contractor's performance will be evaluated by the authority pursuant to the
				following criteria:
(1) management of
				project;
(2) quality of
				work;
(3) recordkeeping;
(4) subcontracting;
(5) contract changes;
(6) compliance with authority MBE/WBE/LBE
				requirements;
(7) compliance with
				prevailing wage standards;
(8)
				recognition of approved apprentice programs;
(9) adherence to safety procedures;
				and
(10) fulfillment of work force
				requirements.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9603 - New York City School Construction Authority Procedure For Dispute Resolution › Section 9603.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
These procedures for the resolution of contract disputes are
				  proposed for adoption pursuant to section 1734(9) of the New York State Public
				  Authorities Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9603 - New York City School Construction Authority Procedure For Dispute Resolution › Section 9603.3 - Mediation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Claimant who
				files a notice of claim in conformance with the provisions of section 1744 of
				the New York State Public Authorities Law may elect to submit the matter to
				nonbinding mediation ("mediation") by submitting a written notice of dispute
				("notice of dispute") to the authority's corporate secretary with a copy to the
				vice president of operations and the vice president and general counsel within
				15 working days of the filing of the notice of claim. Claimant shall attach a
				copy of the notice of claim to the notice of dispute.
(b) The mediation shall be conducted by a
				qualified mediator with expertise in the area of the dispute. The mediator
				shall be selected from a list maintained by the authority but the mediator must
				be approved by both the claimant and the authority.
(c) Claimant and authority may agree that a
				single mediation shall combine disputes involving more than one
				claim.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9603 - New York City School Construction Authority Procedure For Dispute Resolution › Section 9603.4 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Mediation
				sessions shall be private.
(b) All
				records, reports or other documents considered by the mediator shall be
				confidential.
(c) The claimant and
				the authority shall agree that the mediator shall not be compelled to divulge
				confidential materials or to testify in regard to the mediation in any
				adversary proceeding or judicial forum.
(d) The claimant and authority shall agree to
				maintain the confidentiality of the mediation and shall not rely on, or
				introduce as evidence in any arbitral judicial, or other proceeding:
(1) views expressed or suggestions made by
				the other party with respect to a possible settlement of the dispute;
(2) admissions made by the other party in the
				course of the mediation proceedings;
(3) proposals made or views expressed by the
				mediator; or
(4) the fact that the
				other party had or had not indicated willingness to accept a proposal for
				settlement made by the mediator.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9603 - New York City School Construction Authority Procedure For Dispute Resolution › Section 9603.5 - Cost

Current through Register Vol. 46, No. 28, July 10, 2024
The claimant and the authority shall share equally all costs
				  of the mediation including the mediator's fee.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9603 - New York City School Construction Authority Procedure For Dispute Resolution › Section 9603.6 - Resolution

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
				mediation does not result in the execution of a settlement agreement between
				the claimant and the authority, the mediator shall prepare a written advisory
				opinion.
(b) A copy of the advisory
				opinion shall be delivered to the claimant and to the authority's corporate
				secretary, vice president for operations and vice president and general
				counsel.
(c) The advisory opinion
				shall be a confidential document subject to the provisions of section
				9603.4(b)-(d) of
				this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9605 - Regulations Governing Participation By Locally Based Enterprises And Graduate Locally Based Enterprises In Construction Contracts Awarded By The New York City School Construction Authority › General › Section 9605.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to effectuate the provisions of
					 article 8, title 6, section 1743.2 of the Public Authorities Law as amended and
					 Administrative Code, section 6-108.1 as amended in relation to awarding New
					 York City School Construction Authority (the "Authority") contracts and
					 subcontracts to Locally Based Enterprises (LBEs) and Graduate Locally Based
					 Enterprises (GLBEs).
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9605 - Regulations Governing Participation By Locally Based Enterprises And Graduate Locally Based Enterprises In Construction Contracts Awarded By The New York City School Construction Authority › General › Section 9605.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to all construction contracts let by the
					 Authority except those construction contracts excluded by section
					 9605.3(g) of this
					 Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9605 - Regulations Governing Participation By Locally Based Enterprises And Graduate Locally Based Enterprises In Construction Contracts Awarded By The New York City School Construction Authority › General › Section 9605.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part the terms listed below are defined as
					 follows:
(a) Bid documents means
				  pre-qualification form, amendments, addenda, notice to bidders, information for
				  bidders, contract agreement, general conditions, general requirements,
				  supplemental general conditions, supplemental general requirements, bonds,
				  drawings, change orders, safety manual, plans and specifications for the
				  construction contract.
(b)
				  Certification documents means documents which must be filed by a business
				  seeking certification as LBE or as a GLBE including but not limited to: sworn
				  affidavits by an authorized official of the business (e.g., business
				  certificate or papers of incorporation); financial and management disclosure
				  forms for the business (e.g., Federal income tax returns for the last three
				  years which were signed by the business owner); financial disclosure forms for
				  any employees it claims are economically disadvantaged; economic development
				  area profiles indicating where construction work was performed during the past
				  year and the dollar amount of such work; and signed release forms granting the
				  authority the right to request financial information from any government
				  agency.
(c) City means the City of
				  New York.
(d) Compliance means a
				  contractor or subcontractor has acted in accordance with the requirements of
				  Administrative Code, section 6-108.1 and this Part.
(e) Construction business means a firm that
				  performs heavy or general contracting, mechanical and electrical or specialty
				  work.
(f) Construction contract
				  means any contract for construction, reconstruction, rehabilitation,
				  alteration, conversion, extension, improvement, repair, or demolition of real
				  property contracted by the authority.
(g) Contract means any written agreement
				  whereby the authority is committed to expend or does expend funds, except the
				  term contract shall not include:
(1)
				  contracts for financial or other assistance between the authority and a
				  government or governmental agency;
(2) contracts, resolutions, indentures,
				  declarations of trust, other instruments authorizing or relating to the
				  issuance, award, and sale of bonds, certificates of indebtedness, notes, or
				  other fiscal obligations of the authority;
(3) contracts for architectural, engineering,
				  drafting or construction management services;
(4) emergency contracts; or
(5) contracts funded by the State or Federal
				  government which are subject to small business or other requirements which
				  differ and conflict with the requirements of Administrative Code, section
				  6-108.1 and this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9605 - Regulations Governing Participation By Locally Based Enterprises And Graduate Locally Based Enterprises In Construction Contracts Awarded By The New York City School Construction Authority › Certification of LBEs and GLBEs › Section 9605.4 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A contractor or
				  subcontractor seeking certification as an LBE or GLBE is responsible for timely
				  submission of true and accurate certification documents demonstrating that it
				  meets all eligibility criteria. Falsification of any documents submitted in
				  connection with the LBE/GLBE may lead to: imposition of civil and criminal
				  penalties as provided by law, declaring the LBE/GLBE ineligible to participate
				  in the LBE program and debarment from the authority's pre-qualified contractor
				  list for a period of up to five years.
(b) A subcontractor which has been proposed
				  as an LBE subcontractor by a contractor subsequent to contract award but has
				  not been certified as an LBE by the authority shall have its application and
				  certification documents submitted by the contractor to the authority within 10
				  business days from the date that the proposed LBE subcontractor is
				  identified.
(c) A contractor or
				  subcontractor shall submit such additional information as may be required by
				  the authority in connection with its certification as an LBE/GLBE. Failure to
				  submit such information within 10 business days of the date of written request
				  may result in the denial or revocation of certification as an
				  LBE/GLBE.
(d) Consistent with the
				  requirements of Federal, State and city law, the authority shall not disclose
				  to unauthorized persons confidential business information submitted by
				  contractors or subcontractors.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9605 - Regulations Governing Participation By Locally Based Enterprises And Graduate Locally Based Enterprises In Construction Contracts Awarded By The New York City School Construction Authority › Certification of LBEs and GLBEs › Section 9605.6 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The authority
				  shall have the power to certify, recertify and decertify a contractor or a
				  subcontractor as an LBE or GLBE upon a determination that the contractor or
				  subcontractor has met or failed to meet the eligibility requirements and
				  conditions set forth in this Part.
(b) A contractor or subcontractor denied
				  certification as an LBE or GLBE will be given written notice of such denial and
				  an opportunity to appeal such denial in writing to the authority. Such appeal
				  must be received by the authority not more than 10 business days after receipt
				  by such contractor or subcontractor of the notice denying its certification.
				  Such appeal shall include, at a minimum, a description of the reason(s) why the
				  contractor or subcontractor believes the denial of certification was in error
				  and any evidence in support of its appeal. Such contractor or subcontractor
				  shall provide the authority with such other documentation or other information
				  as may be requested by the authority. The decision of the authority's general
				  counsel or his designee granting or denying such certification shall constitute
				  the final authority determination.
(c) The authority shall notify the proposed
				  LBE/GLBE contractor or subcontractor (and prime contractor where applicable) of
				  its certification determination within 60 calendar days of the receipt of
				  complete certification documents.
(d) Certification by other government
				  entities will be considered by the authority.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9605 - Regulations Governing Participation By Locally Based Enterprises And Graduate Locally Based Enterprises In Construction Contracts Awarded By The New York City School Construction Authority › Locally Based Enterprise Program › Section 9605.7 - Goals

Current through Register Vol. 46, No. 28, July 10, 2024
The authority shall, consistent with the requirements of
					 applicable Federal, State and city law (including applicable competitive
					 bidding requirements), seek to ensure that not less than 10 percent of the
					 total dollar amount of all construction contracts awarded during each fiscal
					 year is awarded to LBEs or GLBEs.
(b)
				  The authority shall, consistent with the requirements of applicable Federal,
				  State and city law, require that if any portion of a construction contract is
				  subcontracted, not less than 10 percent of the total dollar amount of the
				  contract shall be awarded to LBEs or GLBEs; except where less than 10 percent
				  of the total dollar amount of the construction contract is subcontracted, such
				  lesser percentage shall be so awarded.
(c) The authority may waive the
				  subcontracting requirements of Administrative Code, section 6-108.1 and this
				  Part upon a finding that:
(1) the contract
				  involves an emergency requiring immediate attention because the public health,
				  safety, or welfare is threatened; or
(2) for other good cause (i.e., the need to
				  expedite the bid and award of necessary construction).
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9605 - Regulations Governing Participation By Locally Based Enterprises And Graduate Locally Based Enterprises In Construction Contracts Awarded By The New York City School Construction Authority › Locally Based Enterprise Program › Section 9605.8 - Implementation - LBE/GLBE prime contractor participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The authority shall identify all possible
				  opportunities for LBE and GLBE prime contractors. Wherever feasible, projects
				  shall be divided into work suitable for bidding by LBE/GLBE
				  contractors.
(b) The authority
				  shall, on the basis of contract size, type of work and LBE/GLBE technical and
				  capitalization capabilities, identify classes of construction contracts which
				  are feasible and attractive for bidding by LBE/GLBE prime contractors. The
				  following procedures shall apply when the agency is letting such construction
				  contracts:
(1) the authority will notify
				  LBE/GLBE contractors 20 business days prior to anticipated bid date of such
				  contracting opportunities;
(2) bid
				  documents will be provided to SCA certified LBE/GLBE contractors free of
				  charge;
(3) the authority will
				  maintain a log of LBE/GLBE solicitation; and
(4) the authority will prepare an analysis of
				  the number of LBE/GLBE bidders per contract and the number of LBE and GLBE low
				  bidders.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9605 - Regulations Governing Participation By Locally Based Enterprises And Graduate Locally Based Enterprises In Construction Contracts Awarded By The New York City School Construction Authority › Locally Based Enterprise Program › Section 9605.9 - Implementation - LBE/GLBE subcontractor participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Bidding.
(1) The authority will apply the following
				  procedures when bidding a construction contract which contains items suitable
				  for subcontracting:
(i) include in the
				  information to bidders and in all construction contracts, the provisions for
				  LBE and GLBE subcontracting;
(ii)
				  prepare a bid notice to be published in the City Record and sent to appropriate
				  trade publications and trade associations indicating that the project contains
				  items suitable for subcontracting to LBEs/GLBEs;
(iii) supply a list of LBEs/GLBEs certified
				  by the authority with all bid documents;
(iv) post, at the location where bid
				  materials are available, all bid notices;
(v) upon request, provide to LBEs/GLBEs a
				  list of prime contractors who pick up bid documents for projects containing
				  items suitable for subcontracting; and
(vi) emphasize the LBE/GLBE program in its
				  agenda for pre-bid and pre-construction conference.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9605 - Regulations Governing Participation By Locally Based Enterprises And Graduate Locally Based Enterprises In Construction Contracts Awarded By The New York City School Construction Authority › Locally Based Enterprise Program › Section 9605.10 - Post award monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  authority shall conduct on-site reviews of the contractor's compliance with the
				  LBE/GLBE requirements. Such review may include interviews, visits to the actual
				  construction site and an inspection of any records relevant to the contractor's
				  performance.
(b) The contractor
				  shall cooperate fully with these reviews. Failure or refusal to furnish
				  information or to cooperate may be deemed a breach of contract and a violation
				  of this Part.
(c) The authority
				  shall review total payments of prime contractors to LBE/GLBE subcontractors to
				  insure that the amount equals the LBE/GLBE percentage required by the contract.
				  If the sum of LBE/GLBE payments is less than the required amount, the
				  contractor may be found in breach of contract and sanctions may be applied in
				  an amount commensurate with the magnitude of noncompliance.
(d) If the authority receives notification,
				  or otherwise has knowledge that an LBE/GLBE is experiencing difficulties with
				  satisfactorily completing a contract/subcontract, it shall refer the applicable
				  LBE/GLBE to a technical assistance program.
(e) The authority shall conduct a final
				  LBE/GLBE compliance review once a contract is 95 percent complete. After review
				  of the contractor's performance, the authority shall make one of the following
				  determinations with respect to the contractor's compliance with the LBE/GLBE
				  requirements:
(1) the contractor is in
				  compliance and may requisition final payment when all other contract
				  requirements have been satisfied; or
(2) there is reasonable cause to believe the
				  contractor is in noncompliance.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9605 - Regulations Governing Participation By Locally Based Enterprises And Graduate Locally Based Enterprises In Construction Contracts Awarded By The New York City School Construction Authority › Complaints › Section 9605.11 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who
				  believes a violation of the requirements of article 8, title 6, section 1743.2
				  of the Public Authorities Law and this Part has occurred may file a complaint,
				  in writing, with the authority.
(b)
				  The authority shall conduct a prompt investigation of written complaints. The
				  contractor/subcontractor involved shall cooperate fully with any investigation.
				  Failure or refusal to furnish information or to cooperate fully with any
				  investigation is a violation of the requirements of article 8, title 6, section
				  1743.2 of the Public Authorities Law and this Part and will result in declaring
				  the applicable contractor/subcontractor in default and imposing any remedy that
				  the contract allows.
(c) The
				  identity of the complaining party shall be kept confidential only upon request.
				  If such confidentiality hinders the investigation, the complaining party shall
				  be so advised for the purpose of obtaining a waiver of confidentiality. The
				  complaining party shall be further advised that failure to waive
				  confidentiality may result in a determination based upon information already
				  provided.
(d) No contractor,
				  subcontractor or other person shall intimidate, threaten, coerce or
				  discriminate against any individual or business for the purpose of interfering
				  with any right or privilege secured by the requirements of article 8, title 6,
				  section 1743.2 of the Public Authorities Law and this Part or because a
				  complaint was filed or a person testified, assisted or participated in any
				  manner in an investigation, proceeding or hearing under this Part.
(e) Any complaint alleging fraud or other
				  criminal behavior on the part of a contractor or subcontractor shall be
				  referred to the authority's Office of the Inspector General.
(f) Upon completion of an investigation, the
				  complaining party and the contractor/subcontractor involved shall be informed
				  of the results of the investigation in writing. If the authority has reasonable
				  cause to believe that the contractor/subcontractor is in noncompliance with the
				  requirements of article 8, title 6, section 1743.2 of the Public Authorities
				  Law and this Part, then the procedures set forth in section
				  9605.10(f) of
				  this Part shall be commenced.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9605 - Regulations Governing Participation By Locally Based Enterprises And Graduate Locally Based Enterprises In Construction Contracts Awarded By The New York City School Construction Authority › Separability › Section 9605.12 - Separability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof is
					 held invalid, the remainder of this Part and the application thereof to other
					 persons or circumstances shall not be affected by such holding and shall remain
					 in full force and effect.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9606 - Guidelines For Minority And Women Business Enterprise Certification › Section 9606.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of these guidelines is to provide the criteria
				  and procedures by which the authority makes determinations to approve, deny or
				  revoke its certification of minority or women owned business
				  enterprises.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9606 - Guidelines For Minority And Women Business Enterprise Certification › Section 9606.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Authority shall
				mean the New York City School Construction Authority.
(b) Applicant shall mean a business
				enterprise which has applied for certification as a bona fide minority- or
				woman-owned business enterprise.
(c) Business enterprise shall mean any
				entity, including a sole proprietorship, partnership or corporation which is
				authorized to and engages in lawful business transactions in accordance with
				New York State law.
(d) Certified
				business shall mean a business enterprise which has been approved for
				minority-owned business enterprise or woman-owned enterprise status subsequent
				to verification that the business enterprise is owned, operated, and controlled
				by minority group members or women.
(e) Day shall mean a business day unless
				otherwise specified.
(f) Director
				shall mean the director of the NYC School Construction Authority, Economic and
				Employment Opportunities Division.
(g) Minority-owned business enterprise shall
				mean a business enterprise, including a sole proprietorship, partnership or
				corporation that is:
(1) at least 51 percent
				owned by one or more minority group members;
(2) an enterprise in which such minority
				ownership is real, substantial and continuing;
(3) an enterprise in which such minority
				ownership has and exercises the authority to control and operate,
				independently, the day-to-day business decisions of the enterprise;
				and
(4) an enterprise authorized to
				do business in New York State and is independently owned and
				operated.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9606 - Guidelines For Minority And Women Business Enterprise Certification › Section 9606.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
These guidelines apply to all business enterprises who wish
				  to certify with the authority as minority or women owned firms pursuant to
				  article 8, title 6, section
				  1743 of
				  the Public Authorities Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9606 - Guidelines For Minority And Women Business Enterprise Certification › Section 9606.4 - Eligibility criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The following criteria shall be used to determine whether a
				  business enterprise is eligible to be certified as a minority or woman-owned
				  business enterprise.
(a) Ownership.
				The following criteria regarding ownership shall be applied for the purpose of
				determining whether an applicant should be granted or denied minority or
				woman-owned business enterprise status, or whether such status should be
				revoked:
(1) the contribution of the minority
				group member(s) or woman owner must be proportionate to their equity interest
				in the business enterprise, as demonstrated by, but not limited to,
				contributions of money, property, equipment or expertise;
(2) the business enterprise must demonstrate
				that it is an independent, continuing entity which has been actively seeking
				contracts or orders and regularly and actively performing business
				activities;
(3) a sole
				proprietorship must be owned by a minority group member or women;
(4) a partnership must demonstrate that
				minority group members or women have a 51 percent or greater share of the
				partnership; and
(5) a corporation
				must have issued at least 51 percent of its authorized voting and all other
				stock to minority group members or women shareholders.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9606 - Guidelines For Minority And Women Business Enterprise Certification › Section 9606.5 - Denial of certification

Current through Register Vol. 46, No. 28, July 10, 2024
The following types of ownership, control or circumstances
				  concerning an applicant seeking certification as a minority or women business
				  enterprise shall render it ineligible:
(a) ownership of the applicant by a
				nonminority/women owned business;
(b) control of the applicant by nonminority
				or women owned business through substantial funding arrangements or the sharing
				of employees, office space or equipment without formal agreement;
(c) where the actual management of the
				business enterprise is contracted out to individuals other than minority group
				members or women, minority group members and women must demonstrate that they
				have the ultimate power to hire and fire these managers, that they exercise
				this power and make other substantial decisions which reflect control of the
				business enterprise;
(d) applicants
				are required to conduct business activities for, generally, at least one year
				prior to the application date. Applicants who have been conducting business
				activities for less than one year, may not be able to provide sufficient
				information upon which a certification decision can reasonably be made, and
				therefore their application may be rejected.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9606 - Guidelines For Minority And Women Business Enterprise Certification › Section 9606.7 - Notice of determination and right to appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon completion of the authority's review
				of each applicant, the authority's director shall provide the applicant with
				written notice of a determination approving or denying certification
				status.
(b) In the event a
				determination is made to approve certification by the director, the applicant
				will be provided with written notice of such determination and will hold
				minority or women-owned business enterprise status for two years or until
				notified of the need to reapply at the director's request.
(c) An applicant denied certification as an
				MBE or WBE will be given written notification of the denial stating the reasons
				for denial and such notice shall also state the procedures for filing an appeal
				before the authority's vice president and general counsel or his designee. The
				applicant may request a meeting to appeal this determination. Such request for
				appeal must be received by the authority's vice president and general counsel
				within 10 business days after receipt of notice denying its certification. In
				the event that a request for a meeting is not made within the 10-day period,
				the director's determination shall be final. Such request for appeal shall
				include a description of the reason why the applicant believes the denial of
				certification was in error and any supporting documentation. The decision by
				the vice president and general counsel denying such certification shall
				constitute the final determination. In the event that the decision is to deny
				certification the applicant may not re-apply for certification for two years,
				provided however if the facts and circumstances forming the basis of the denial
				decision have changed significantly, the applicant may re-apply
				sooner.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXIV - New York City School Construction Authority › Part 9606 - Guidelines For Minority And Women Business Enterprise Certification › Section 9606.8 - Revocation of minority or woman owned business enterprise status

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director
				may revoke the minority or woman owned business enterprise status of a
				certified business for a period of two years, if it is demonstrated that
				minority group members or women no longer own and control the business
				enterprise:
(1) A certified business
				enterprise must notify the authority within 30 days of any material change in
				the information contained in the original application. A material change may
				include, but is not limited to, any of the following developments: a change in
				ethnicity, female percentage of ownership in the business enterprise, address,
				officers or services provided by the certified business. If a material change
				is indicated, a review may be conducted by the authority.