2006 New York Code - Small Business Enterprises.

 
    * § 6-108.2 Small business enterprises.
    a. Definitions. For purposes of this section only, the following terms
  shall have the following meanings:
    (1)  "Base  amount",  for  the time period commencing on the effective
  date of this paragraph and ending  on  December  thirty-first,  nineteen
  hundred eighty-nine, means the amount of seven hundred thousand dollars;
  for the year nineteen hundred ninety, means eight hundred fifty thousand
  dollars;  for  the  year nineteen hundred ninety-one, means nine hundred
  thousand dollars; and for the time period commencing on  January  first,
  nineteen  hundred  ninety-two  and  ending  on  June thirtieth, nineteen
  hundred ninety-two, means nine hundred fifty thousand dollars.
    (2) "Contract" means  any  contract,  agreement,  open  market  order,
  purchase  order  or any other means of procurement between a contracting
  agency and one or more parties: (a) for the purchase  of  goods  for  an
  amount  in excess of five hundred dollars, or (b) for the performance of
  services.
    (3) "Goods contract" means any contract for the purchase of  goods  of
  the  categories  specified  by the mayor or mayor's designee pursuant to
  this section and the rules  promulgated  hereunder.  Provided,  however,
  that  such  term  shall  not  include contracts which are awarded to the
  United States government and its instrumentalities, New York state,  its
  political   subdivisions   and   instrumentalities,  and  not-for-profit
  organizations  which  have  not  been  certified   as   small   business
  enterprises.
    (4)  "Professional  services  contract"  means  any  contract  for the
  performance of professional services of the categories specified by  the
  mayor  or  mayor's  designee  pursuant  to  this  section  and the rules
  promulgated hereunder. Provided,  however,  that  such  term  shall  not
  include  contracts which are awarded to the United States government and
  its instrumentalities, New York state, its  political  subdivisions  and
  instrumentalities,  and not-for-profit organizations which have not been
  certified as small business enterprises.
    (5)  "Commercial  services  contract"  means  any  contract  for   the
  performance  of  commercial  services of the categories specified by the
  mayor or mayor's  designee  pursuant  to  this  section  and  the  rules
  promulgated  hereunder.  Provided,  however,  that  such  term shall not
  include contracts which are awarded to the United States government  and
  its  instrumentalities,  New  York state, its political subdivisions and
  instrumentalities, and not-for-profit organizations which have not  been
  certified as small business enterprises.
    (6)  "Small  business  enterprise"  means  a small business enterprise
  vendor, a small professional services business  enterprise  or  a  small
  commercial services business enterprise.
    (7)  "Small  commercial services business enterprise" means a business
  offering commercial services,
    (a) in which annualized gross receipts for the performance of services
  did not exceed the base amount for the applicable year,  as  defined  in
  paragraph  one  of  this  subdivision,  in  two  of  the three tax years
  immediately  preceding  the  date  of  application  for   certification;
  provided,  however, that a business which has been in existence for less
  than three tax years shall meet the requirements  of  this  subparagraph
  for each tax year of its existence; and
    (b)  which  has  its  principal  place  of  business  in  the  city as
  determined in accordance with rules promulgated pursuant to  subdivision
  e of this section; and
    (c)  which  is  subject  to  the  general  corporation tax or the city
  unincorporated business income tax, and has paid such taxes as required;
  and


    (d) which has been operating for at least twelve months prior  to  the
  date of application for certification; and
    (e)  which  has been certified according to the procedure provided for
  in subdivision d of this section.
    (8) "Small business enterprise  vendor"  means  a  business  supplying
  goods,
    (a)  in which, in two of the three tax years immediately preceding the
  date of application for certification, either:
    (i) its annualized gross sales of goods were two  million  dollars  or
  less, or
    (ii)  the  difference  between its annualized gross sales and its cost
  for goods sold was two  hundred  thousand  dollars  or  less;  provided,
  however, that a business which has been in existence for less than three
  tax  years  must  meet  the  requirements  of clause (i) or (ii) of this
  subparagraph for each year of its existence; and
    (b) which  has  its  principal  place  of  business  in  the  city  as
  determined  in accordance with rules promulgated pursuant to subdivision
  e of this section; and
    (c) which is subject to  the  general  corporation  tax  or  the  city
  unincorporated business income tax, and has paid such taxes as required;
  and
    (d)  which  has been operating for at least twelve months prior to the
  date of application for certification; and
    (e) which has been certified according to the procedure  provided  for
  in subdivision d of this section.
    (9) "Small professional services business enterprise" means a business
  offering professional services,
    (a) in which annualized gross receipts for the performance of services
  did  not  exceed  the base amount for the applicable year, as defined in
  paragraph one of this  subdivision,  in  two  of  the  three  tax  years
  immediately   preceding  the  date  of  application  for  certification;
  provided, however, that a business which has been in existence for  less
  than  three  tax  years shall meet the requirements of this subparagraph
  for each tax year of its existence; and
    (b) which  has  its  principal  place  of  business  in  the  city  as
  determined  in accordance with rules promulgated pursuant to subdivision
  e of this section; and
    (c) which is subject to  the  general  corporation  tax  or  the  city
  unincorporated business income tax, and has paid such taxes as required;
  and
    (d)  which  has been operating for at least twelve months prior to the
  date of application for certification; and
    (e) which has been certified according to the procedure  provided  for
  in subdivision d of this section.
    (10) "Not-for-profit organization" means an entity that is either:
    (a) incorporated as a not-for-profit corporation under the laws of the
  state of its incorporation; or
    (b)  exempt  from  federal  income  tax  pursuant  to subdivision c of
  section five hundred one  of  the  internal  revenue  code  of  nineteen
  hundred eighty-six, as amended.
    b. Goods contracts.
    Each  contracting  agency  shall,  in  a  manner  consistent  with the
  requirements of applicable city, state and federal law, seek  to  ensure
  that  not  less  than  twenty  percent of the total dollar amount of all
  goods contracts awarded by such agency for an amount not more  than  ten
  thousand  dollars  during  each  fiscal  year  shall be awarded to small
  business enterprise vendors. The mayor or  the  mayor's  designee  shall
  promulgate rules pursuant to subdivision e of this section setting forth


  the contracts and the categories of goods which, because of the capacity
  of   small   business   enterprises  to  provide  such  goods,  and  the
  appropriateness of contracting with such enterprises for  the  provision
  of  such  goods,  shall  be  subject to the procedures set forth in this
  subdivision.
    c. Professional and commercial services contracts.
    (1) Each contracting agency shall, in a  manner  consistent  with  the
  requirements  of  applicable city, state and federal law, seek to ensure
  that not less than ten  percent  of  the  total  dollar  amount  of  all
  professional services contracts awarded during each fiscal year shall be
  awarded to small professional services business enterprises. Contracting
  agencies  shall  seek  to  divide  needed  work  into  smaller units, if
  practicable and economically feasible, so that it  may  be  bid  on  and
  successfully   completed   by   small   professional  services  business
  enterprises. The mayor or the mayor's designee  shall  promulgate  rules
  pursuant  to  subdivision  e of this section setting forth the contracts
  and the professional services which, because of the  capacity  of  small
  business  enterprises  to provide such services, and the appropriateness
  of contracting with such enterprises for  the  provision  of  particular
  professional  services,  shall be subject to the procedures set forth in
  this subdivision.
    (2) Each contracting agency shall, in a  manner  consistent  with  the
  requirements  of  applicable city, state and federal law, seek to ensure
  that not less than ten  percent  of  the  total  dollar  amount  of  all
  commercial  services  contracts awarded during each fiscal year shall be
  awarded to small commercial services business  enterprises.  Contracting
  agencies  shall  seek  to  divide  needed  work  into  smaller units, if
  practicable and economically feasible, so that it  may  be  bid  on  and
  successfully   completed   by   small   commercial   services   business
  enterprises. The mayor or the mayor's designee  shall  promulgate  rules
  pursuant  to  subdivision  e of this section setting forth the contracts
  and the commercial services which, because  of  the  capacity  of  small
  business  enterprises  to provide such services, and the appropriateness
  of contracting with such enterprises for  the  provision  of  particular
  commercial  services,  shall  be  subject to the procedures set forth in
  this subdivision.
    d. (1) The mayor or the mayor's designee shall establish  a  procedure
  for  the certification of businesses which meet the requirements of this
  section  and  rules  promulgated  hereunder  as  either  small  business
  enterprise  vendors, small professional services business enterprises or
  small commercial services business enterprises.  Such  rules  shall  set
  forth criteria to ensure that any business certified as a small business
  enterprise  is  an  independent  business and not substantially owned or
  controlled by any other business entity which would  not  qualify  as  a
  small  business  enterprise.  Such  rules  shall  further  require  each
  business certified as a small business  enterprise  to  submit  periodic
  reports  providing  information  as to its continuing qualification as a
  small  business  enterprise.  Certification  granted  pursuant  to  this
  subdivision shall be valid for a period of three years.
    (2) The mayor or the mayor's designee may rescind the certification of
  a small business enterprise after providing notice and an opportunity to
  be  heard  to  the  business upon a finding that such business is not in
  compliance  with  the  requirements  of  this  section  or   the   rules
  promulgated hereunder.
    e.  The  mayor  or the mayor's designee shall promulgate such rules as
  may be necessary for the purpose of implementing the provisions of  this
  section. Such rules shall require contracting agencies to submit monthly
  reports  to the mayor or the mayor's designee concerning contract awards


  to small business enterprises. All rules pursuant to and in  furtherance
  of this section shall be adopted and amended in accordance with the city
  administrative procedure act, chapter forty-five of the charter.
    * NB Expired June 30, 1992