Security Guard Companies; Application for Inclusion on the Qualified Provider List.
55 RCNY § 14-02
in effect§ 14-02 Security Guard Companies; Application for Inclusion on the Qualified Provider List.
(a) Application. Pursuant to Administrative Code § 10-172(d), the Department will seek to develop a Qualified Provider List of Security Guard Companies. A Security Guard Company that seeks inclusion on the Qualified Provider List must apply by completing an application on a form prescribed by the Department and must satisfy all provisions of this section. A Security Guard Company must answer all questions set forth in the application.
(i) The application for inclusion on the Qualified Provider List shall be made continuously available on the Department's website. A Security Guard Company may apply for inclusion on the Qualified Provider List at any time.
(ii) In addition, the Department will publish invitations to apply for inclusion on the Qualified Provider List periodically in the City Record, but not less than twice per year. Upon each such publication, the Department will publish the invitation in five consecutive editions of the City Record and shall post the invitation on the Department's website.
(iii) Once created, the Qualified Provider List shall be made continuously available on the Department's website.
(b) Qualifications. A Security Guard Company that seeks inclusion on the Qualified Provider List must meet the following requirements:
(i) be fully licensed pursuant to Article 7-A of the New York State General Business Law and rules and regulations promulgated thereunder by the New York Secretary of State;
(ii) be a responsible company as set forth in 55 RCNY § 14-02(e)(1);
(iii) demonstrate a minimum of two (2) years prior experience as a Security Guard Company;
(iv) demonstrate that it has exercised due diligence and has conducted a background investigation, including a criminal history check, to verify the credentials of each Security Guard that it employs, pursuant to the requirements set forth in Article 7-A of the General Business Law;
(v) ensure that each of its Security Guards holds a valid registration card, which has not expired or been revoked or suspended, pursuant to Article 7-A of the General Business Law;
(vi) be incorporated, a limited liability company, a person or firm at the time of its application for inclusion on the Qualified Provider List;
(vii) be enrolled in the Procurement and Sourcing Solutions Portal ("PASSPort"); and
(viii) the Security Guard Company must demonstrate that each of its guards have undergone training as set forth in 55 RCNY § 14-06(a).
(c) The Department shall review all applications for compliance with the requirements set forth in these Rules. The Agency Chief Contracting Officer ("ACCO") shall determine whether the application is responsive. A responsive application is one that complies with all material terms and conditions of the application, including providing required documentation.
(d) If the ACCO determines the application is not responsive, the ACCO will notify the Security Guard Company by electronic mail within 30 days of receipt of the application. If the Security Guard Company fails to respond with all material terms and conditions, including supplying required documentation, within 60 days of receipt of its application, the application may be denied as nonresponsive. A denial for non-responsiveness does not preclude the Security Guard Company from reapplying to the Department.
(e) The Qualified Provider List shall be comprised of responsible Security Guard Companies only. A Security Guard Company must affirmatively demonstrate its responsibility.
(i) A responsible Security Guard Company is one which can perform fully the program requirements and also has the business integrity to justify the award of public tax dollars.
(1) Factors affecting a Security Guard Company's responsibility may include:
A. financial resources;
B. technical qualifications;
C. experience;
D. a satisfactory record of performance; and
E. a satisfactory record of business integrity.
(2) Failure of a firm to provide relevant information regarding the Security Guard Company's responsibility specifically requested by the ACCO may be grounds for a determination of non-responsibility.
(3) A Security Guard Company that has performed unsatisfactorily in the provision of services to the City shall be presumed to be non-responsible, unless the ACCO determines that the circumstances were beyond the company's control or that the company has taken appropriate corrective action. Past failure to apply sufficient tenacity and perseverance to perform acceptably is strong evidence of non-responsibility.
(ii) Making the Responsibility Determination.
(1) The ACCO shall use the following sources of information to support determinations of responsibility or non-responsibility:
A. the VENDEX database of debarred, suspended, and ineligible contractors;
B. VENDEX and other records of evaluations of performance, as well as verifiable knowledge of contracting and audit personnel;
C. determinations of violations of employment-related federal, state, or local law or executive order, including but not limited to those relating to equal employment opportunity, prevailing wage, workplace health and safety, employee benefits, and employee wages and hours;
D. information supplied by the Security Guard Company, including application information, financial data, and personnel information; and
E. other sources, such as publications, suppliers, subcontractors and customers of the prospective contractor, financial institutions, other government agencies, and business and trade associations.
(2) The ACCO may notify a Security Guard Company of unfavorable responsibility information and provide the Security Guard Company an opportunity to submit additional information or explain its actions before denying the Security Guard Company inclusion on the Qualified Provider List.
(iii) Determination of Non-Responsibility Required.
(1) If a Security Guard Company who otherwise would have been placed on the Qualified Provider List is found non-responsible, a determination of non-responsibility setting forth in detail and with specificity the reasons for the finding of non-responsibility shall be prepared by the ACCO.
(2) A copy of the determination of non-responsibility shall be immediately sent to the Security Guard Company. Notice to the non-responsible Security Guard Company must be mailed no later than two business days after the determination of non-responsibility is made and must inform the Security Guard Company of the right to appeal the determination pursuant to subdivision h of this section. A copy of the determination of non-responsibility shall also be sent to the City Chief Procurement Officer.
(3) The determination of non-responsibility shall be included in the VENDEX database.
(f) Upon the determination by the ACCO that an application meets the requirements set forth herein, the Department shall notify the applicant of its inclusion on the Qualified Provider List by regular and electronic mail within 90 days of receipt of its application. The Qualified Provider List will be reviewed periodically to ensure that providers continue to meet the necessary qualifications.
(g) At least once every two years, each Security Guard Company on the Qualified Provider List must affirm that there has been no change in the information included in its original application. In the event that there has been a change in the information submitted on its application before two years has elapsed, the Security Guard Company must immediately submit such changed information to the Department. Failure to supply such affirmation of no change will result in the Security Guard Company's removal from the Qualified Provider List until the affirmation of no change or the updated information has been supplied to the Department. Any Security Guard Company that is removed from the Qualified Provider List and re-applies must also provide an affirmation of no change or updated information.
(h) A Security Guard Company must retain all certified payroll records, which verify that its Security Guards were paid at least the prevailing wages and supplements for unarmed security guards as determined by the Comptroller of the City of New York pursuant to New York State Labor Law § 234.
(i) Determination of Non-responsibility or Denial or Revocation of Qualification.
(1) If the Department determines that a Security Guard Company is non-responsible or otherwise not qualified as a provider or the Department revokes such qualification, the Security Guard Company may appeal in writing to the Commissioner or the Commissioner's designee within 10 days of receipt of the Department's determination, denial, or revocation. Receipt of notice by the Security Guard Company shall be deemed to be no later than five days from the date of mailing or upon delivery, if delivered. Filing of the appeal shall be accomplished by actual delivery of the appeal document to the office of the Commissioner.
(2) The written appeal by the Security Guard Company must briefly state all the facts or other basis upon which the Security Guard Company contests the Department's determination, denial, or revocation. Supporting documentation must be included.
(3) The Commissioner or the Commissioner's designee shall consider the Security Guard Company's appeal and shall make a prompt written decision no later than 60 days after receipt with respect to the merits of the Security Guard Company's appeal. The determination of the Commissioner or the Commissioner's designee shall be a final agency determination.
(Added City Record 7/19/2016, eff. 7/19/2016; amended City Record 2/14/2020, eff. 3/15/2020)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-87569Fetched: 10/24/2026