Pursuant to NYS Executive Article 15-A, and/or the terms and conditions of your CUNY contract or purchase order (Contract), certain CUNY vendors may be required to submit a Workforce Utilization Report (Report). Contractors must submit a Report, and require each of its Subcontractors to submit a separate Report related to the actual workforce utilized on certain CUNY Contracts.
The Report is to be submitted on a monthly basis for construction Contracts, and a quarterly basis for all other Contracts, during the entire Contract term, to report on the actual workforce utilized in the performance of the Contract broken down by job title. Pursuant to Governor Cuomo’s Executive Order 162, Contractors must report the gross wages paid to each of their employees identified in the Report. This Report does not relieve the Contractor’s responsibility to submit payroll certifications as elsewhere provided.
Reports are to be submitted electronically (in Microsoft Excel format), using the provided Report worksheet, to the CUNY Purchasing Director where the PO/Contract was issued, within ten (10) days of the end of each month or quarter, whichever is applicable. Contact information for all CUNY Purchasing Directors can be located here.
In limited circumstances, when the workforce to be utilized on the CUNY Contract cannot be separated out from the Contractor’s and/or subcontractor’s total workforce, the Contractor shall submit the Report and indicate that the information provided is the Contractor’s and any subcontractor’s total workforce during the subject time frame, not limited to work specifically under the contract. In instances where there are subcontractors providing goods or services under a CUNY Contract, the prime Contractor will be responsible for obtaining completed Reports from its subcontractors for and submitting the same to CUNY.
The following is the schedule for the submission of Reports for commodities and services other than construction.
|Period of Performance||Report Due|
|Q1: July 1 – September 30||On or Before October 10|
|Q2: October 1 – December 31||On or Before January 10|
|Q3: January 1 – March 31||On or Before April 10|
|Q4: April 1 – June 30||On or Before July 10|
Instructions for Completing the Workforce Utilization Report
- Check off the appropriate box to indicate if the entity completing the Report is the contractor or a subcontractor.
- Enter the number of the contract that the Report applies to along with the name, address and FEIN of the Contractor or subcontractor for which the Report has been prepared.
- Check off the box that corresponds to the applicable quarterly or monthly reporting period for this Report.
- Check off the appropriate box to indicate if the workforce being reported is just for the contract or the Contractor’s or subcontractor’s total workforce.
- Verify that job titles are provided under the column titled “SOC Job Title” for each employee whose work will be reflected on the Report. If a necessary job title is not included, please add the corresponding job category, title and corresponding job code to the “EEO 1 Job Categories” “SOC Job Title” and “SOC Job Code” columns from the list of job categories, SOC titles, and SOC codes reflected on the Classification Guide. The Classification Guide can be located by clicking here.
- In the first group of boxes, identify the number of hours worked by persons identifying with each racial/ethnic category by gender for each job title in the SOC Job Title column.
- In the second group of boxes, identify the number of persons identifying with each racial/ethnic category by gender for each job title in the SOC Job Title column.
- In the third group of boxes, identify the total gross wages paid to all employees for each job code, and each gender and racial/ethnic group, as identified in the Report. Contractors and subcontractors should report only gross wages for work on the contract paid to the employee during the period covered by the Report. “Gross wages” are those reported by employers to employees on their wage statements. Gross wages typically include every form of compensation for employment paid by an employer to his, her or its employees, whether paid directly or indirectly by the employer, including salaries, commissions, bonuses, tips and the reasonable value of board, rent, housing, lodging for similar advantage received.
- Enter the name and title for the person completing the form, enter the date upon which the Report was completed, and check the box accepting the name entered into the Report as the digital signature of the preparer.
- Label the Excel File in the following format: CUNY_CUNYCollegeAcronym_PO/Contract#
- E-mail the Excel File to the CUNY Purchasing Director where the Contract was issued.
For the purposes of this Report, NYS Empire State Development Corporation developed the following Race/ethnic designations. These designations do not denote scientific definitions of anthropological origins. For the purposes of this Report, an employee must be included in the group to which he or she appears to belong, identifies with, or is regarded in the community as belonging. However, no person should be counted in more than one race/ethnic group. The race/ethnic categories for this Report are:
- WHITE (Not of Hispanic origin): All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East.
- BLACK/AFRICAN AMERICAN: A person, not of Hispanic origin, who has origins in any of the black racial groups of the original peoples of Africa.
- HISPANIC/LATINO: A person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race.
- ASIAN, NATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER: A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands.
- NATIVE AMERICAN/ALASKAN NATIVE: A person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal affiliation or community recognition.
Reports do not require contractors to identify any individual employee by name, number, or other identifier specific to any individual. CUNY will notify contractors of any Freedom of Information Law (FOIL) requests that are made to obtain any of the data provided on any Report, and will protect the confidentiality of Report data to the maximum extent possible, consistent with FOIL and the trade secrets exemption as set forth pursuant to Public Officers Law Section §87(2)(d).
Frequently Asked Questions and Responses
Contractors may refer to the FAQs issued by the NYS Empire State Development Corporation.
If you have questions regarding these requirements, are unsure of the appropriate job titles to include in your Report, or otherwise require assistance in preparing or submitting the Report, please contact CUNY’s Supplier Diversity team by e-mailing MWBE@cuny.edu or calling (646) 664-3100.