For purposes of this chapter, the following terms shall have the meaning defined in this section:
An offer by a business to enter into a procurement contract.
A business that submits a bid.
The process by which the City determines that a business entity should be recognized as a minority-owned and/or woman-owned business enterprise for the purposes of this chapter.
The City of Albany, New York.
A business that is awarded a procurement contract.
The percentage of the total amount of all procurement contracts as well as the percentage of the total amount of associated class labor participation.
Services provided to third parties, including social services such as day care, foster care, home care, homeless assistance, housing and shelter assistance, preventive services, youth services, and senior centers; health or medical services including those provided by health maintenance organizations; legal services; employment assistance services, vocational and educational programs; and recreation programs.
Black persons having origins in any of the Black African racial groups;
Hispanic/Latino persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American of either Indian or Hispanic origin, regardless of race;
Native American or Alaskan native persons having origins in any of the original peoples of North America;
Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands.
A business that is periodically certified by the Chief Compliance Officer as satisfying the following criteria:
At least 51% of the business is owned and controlled by minority group members who are United States citizens or permanent resident aliens, or in the case of a publicly owned business, at least 51% of the stock of the business is owned by minority group members who are United States citizens or permanent residents; and
The management and daily operations of the business are controlled by one or more of the minority group members who own it.
The completion of the following actions:
Identify MBEs and WBEs that may be able to perform specific subcontracts, by:
Reviewing the City, county and state directories of MBEs and WBEs; and
Placing advertisements in general circulation, trade association, and minority/female focus media (and, where the procurement contract relates to construction, located within reasonable proximity to the construction project), that solicit bids for identified subcontracting opportunities; and
Contacting minority and women's organizations, contractors' groups and local, state and federal minority and women business assistance offices and other organizations that provide assistance to, and promote opportunities for, MBEs and WBEs; and
Any other method(s) that in fact results in the identification of MBEs and WBEs qualified to bid on subcontracting opportunities.
Where technically feasible, and consistent with the efficient performance of the procurement contract, divide the procurement contract into segments that create subcontracting opportunities for qualified and available MBEs and WBEs.
Notify a reasonable number of specific MBEs and WBEs in writing, that their interest in specified subcontracts is being solicited in sufficient time to allow them to participate effectively; such notice must include complete and accurate information about the plans, specifications, change orders and other requirements of a given subcontract, and must state the date bids and a response to the notice are due.
Follow-up on initial solicitations of interest by contacting MBEs and WBEs to determine with certainty whether they are interested and whether they need additional information to make a bid.
Negotiate with, consider, and award subcontracts to interested MBEs and WBEs in the same manner and subject to the same procedures, standards and requirements that the contractor follows with companies that are not MBEs and WBEs. More demanding contract terms with MBEs and WBEs; or, in evaluating the merits of a bid by an MBE or a WBE, a commercially insignificant difference in price shall not be a basis for rejecting the bid).
After awarding a subcontract to an MBE or a WBE, impose requirements and performance standards no more stringent than those imposed on companies that are not MBEs or WBEs.
Any contract with regard to the following industries:
Services that require specialized skills and the exercise of judgment, including but not limited to accountants, lawyers, doctors, computer programmers and consultants, architectural and engineering services, and construction management services.
Services other than professional services and human services.
A contract between a contractor and any other business unrelated to the contractor, through which the other business (i.e., the subcontractor) provides a distinct element of the work, services, goods, supplies, equipment or materials contemplated by, and required for the completion of, the procurement contract.
A business that is periodically certified by the Chief Compliance Officer as satisfying the following criteria:
At least 51% of the business is owned and controlled by women who are United States citizens or permanent residents, or in the case of a publicly owned business, at least 51% of the stock of the business is owned by women who are United States citizens or permanent resident aliens; and
The management and daily operations of the business are controlled by one or more of the women who own it; and