Waivers from Inclusion in the Doing Business Database

RCNY tit. 43, ch. 12

in effect

43 RCNY § 12-01 Purpose.

§ 12-01 Purpose. The purpose of this chapter is to set forth the procedure for persons to seek waivers from inclusion in the doing business database as described in paragraph (c) of subdivision 18 of § 3-702 of the Administrative Code.

43 RCNY § 12-02 Definitions.

§ 12-02 Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (a) Agency. "Agency" shall mean the city of New York or any agency or entity affiliated with the city of New York as defined in paragraph (a) of subdivision 18 of § 3-702 of the Administrative Code. (b) Business dealings with the city. "Business dealings with the city" shall have the same meaning as in paragraph (a) of subdivision 18 of § 3-702 of the Administrative Code. (c) City chief procurement officer or CCPO. "City chief procurement officer" or "CCPO" shall mean the person to whom the mayor has delegated authority to coordinate and oversee the procurement activity of mayoral agency staff, including the agency chief contracting officers. (d) Doing business database. "Doing business database" shall mean the database established pursuant to subdivision 20 of § 3-702 of the Administrative Code. (e) Person. "Person" shall have the same meaning as in subdivision 20 of § 3-702 of the Administrative Code.

43 RCNY § 12-03 Applicability.

§ 12-03 Applicability. A waiver may be requested by any person having business dealings with the city in such instances in which such person is providing essential goods, services or construction such as those necessary for security or other essential government operations. Notwithstanding the foregoing, if the transaction is a bid or proposal, a waiver may only be requested if the notice included in the solicitation specifies that a waiver may be applied for.

43 RCNY § 12-04 Procedure for Requesting Waiver.

§ 12-04 Procedure for Requesting Waiver. (a) Any person seeking a waiver from the doing business database in connection with a transaction considered a business dealing with the city shall obtain a waiver application form from the CCPO as described in 43 RCNY § 12-07. The waiver applicant shall provide all information that is required of waiver applicants and submit the application to the agency involved with the transaction. (b) Within ten (10) business days of receipt of the waiver application from the applicant, the agency shall provide all information that is required of agencies and submit the completed application to the CCPO. The CCPO shall notify the waiver applicant when the waiver application is received from the agency. (c) If the agency fails to complete its portion of the waiver application and/or fails to submit the application to the CCPO within ten (10) business days, the waiver applicant may submit the application directly to the CCPO. The CCPO shall then contact the agency in order to obtain the agency's portion of the waiver application. (d) Upon receipt of a waiver application pursuant to paragraph (b) or (c) of this section, the CCPO shall forward the application to the campaign finance board. The waiver application may not be acted on by the CCPO for ten (10) days from the date of receipt of the application by the campaign finance board. (e) Upon action on a waiver application by the CCPO, both the applicant and agency shall be notified. If the waiver is granted, the applicant shall not be required to provide the data covered by the waiver. If the CCPO determines that a waiver should be denied, in full or in part, to an applicant doing business with an independently elected official other than the Mayor (or with an agency under the control of such an official), the CCPO shall notify such agency at least five (5) days prior to issuance of any such denial determination, and shall consider the agency's written response, if any, before making the final determination. (f) Determinations by the CCPO are final.

43 RCNY § 12-05 Public Notice of Waiver Approvals.

§ 12-05 Public Notice of Waiver Approvals. All approved waivers shall be posted on the websites of both the CCPO and the campaign finance board in locations that are accessible by the public. In the event that an independently elected official (or an agency under the control of such an official), submits a written response for consideration by the CCPO pursuant to 43 RCNY § 12-04(e), a copy of such response shall be included in the CCPO's public posting.

43 RCNY § 12-06 Scope of Waiver.

§ 12-06 Scope of Waiver. Waivers granted under these rules apply only to the requirement that information about covered persons be included in the doing business database.

43 RCNY § 12-07 Form of Waiver Application.

§ 12-07 Form of Waiver Application. (a) The CCPO shall create a waiver application form that shall be completed by waiver applicants and agencies. The information required on the form shall include all information required by the CCPO in order to determine whether a waiver should be granted, including but not limited to the information set forth below. (b) The information required from waiver applicants shall include the following, in addition to any other information that the CCPO shall require: (i) a description of the information that the waiver applicant seeks to have excluded from the doing business database; and (ii) an explanation of the applicant's reason or reasons for seeking a waiver from including this information in the doing business database. (c) The information required from agencies shall include the following, in addition to any other information that the CCPO may require: (i) whether there is a compelling need to obtain essential goods, services or construction from the person seeking the exemption; (ii) whether no other reasonable alternative exists in light of such considerations as cost, uniqueness and the critical nature of such goods, services or construction to the accomplishment of the agency's mission; (iii) the efforts undertaken by the agency to obtain from the waiver applicant the information required to establish the doing business database in accordance with subdivision 20 of § 3-702 of the Administrative Code; and (iv) whether the agency believes that it would be in the best interests of the city for the waiver application to be granted.

43 RCNY § 12-08 Basis for Waiver.

§ 12-08 Basis for Waiver. A waiver may be granted in the following circumstances: (a) When the CCPO finds that a waiver would be in the best interests of the city. Such a finding shall only be made upon a determination that: (i) there is a compelling need to obtain such essential goods, services or construction from the person seeking the exemption; and (ii) no other reasonable alternative exists in light of such considerations as cost, uniqueness and the critical nature of such goods, services or construction to the accomplishment of the agency's mission. (b) When a person is doing business with the city by virtue of the city's exercise of its powers of eminent domain.

43 RCNY § 12-09 Efforts to Obtain Data.

§ 12-09 Efforts to Obtain Data. A waiver shall be granted only after substantial efforts have been made by the CCPO to obtain the information. Such efforts may include any efforts made by the agency at the direction of the CCPO.

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/0-0-0-100764Fetched: 10/24/2026