A Local Law to amend the administrative code of the city of New York, in relation to the creation of a subcontractor bill of rights

Int. No.

By Council Members Cumbo and Cornegy

A Local Law to amend the administrative code of the city of New York, in relation to the creation of a subcontractor bill of rights

Be it enacted by the Council as follows:

Section 1. Title 6 of the administrative code of the city of New York is amended to add a new section 6-142 to read as follows:

§6-142 Subcontractor bill of rights. a. For purposes of this section, the following terms shall have the following meanings:

“Contracting agency” means a city, county, borough, or other office, position, administration, department, division, bureau, board or commission, or a corporation, institution or agency of government, the expenses of which are paid in whole or in part from the city treasury.

“Contractor” means a person or entity who is a party to a contract with a contracting agency valued in excess of $100,000.

“Subcontractor” means a person or entity who is a party or a proposed party to a contract with a contractor valued in excess of $100,000.

“Department” means the department of small business services.

b. The department, in consultation with the city chief procurement officer, shall develop and make available to all contracting agencies a subcontractor bill of rights. The bill of rights shall be in the form of a written document, using plain and simple language, which advises subcontractors of their rights as they relate to their relationship with contractors and the contracting agency. The bill of rights shall include, but not be limited to, information about the rights of subcontractors with respect to payment by the contractor, available city services to assist subcontractors, and contact information for the relevant city and state agencies where subcontractors may submit complaints or ask questions about the contract or city procurement generally. The department shall update the bill of rights as necessary and shall post it on its website.

c. Upon receiving notice by a contractor of a proposed subcontractor, a contracting agency shall provide such subcontractor with a copy of the bill of rights developed pursuant to subdivision b of this section.

d. The bill of rights shall serve as an informational document only and nothing in this section or in such document shall be construed as to create a cause of action or constitute a defense in any legal, administrative, or other proceeding.

e. Nothing in this section shall be construed to limit an agency's authority to cancel or terminate a contract, issue a non-responsibility finding, issue a non-responsiveness finding, deny a person or entity pre-qualification, or otherwise deny a contractor city business.

§2. This local law takes effect 90 days after it becomes law.  

ENB

LS #9873

1/20/17