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. 12, March 20, 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.
