The Transparency in Business Act requires vendors with City contracts to disclose past contract experience, as well as demographic and compensation information for their workforce and board members. It also requires this information for subcontractors and labor sources on these contracts.
The disclosure requirements apply to all bids opened and applications received on or after July 1, 2021, for contracting opportunities valued at $100,000 or more.
Prime contractors must ensure this information is provided before the contract can be conformed, or accepted by both parties.
As a prime contractor, you must:
- File your initial disclosures before a new contract is executed.
- File new disclosures for any labor source you add after your initial disclosures (for bid contracts). You must complete these forms at each renewal term or additional performance period.
Your required disclosures must be accurate, complete, and filed on time. If you fail to do this, the City may terminate the contract, suspend or disbar the contractor, or pursue other penalties and remedies, as may be provided by law.
How this data will be used
The data provided through these forms will be aggregated and released in an annual report. We will not publicly share data for individual firms or workers.
How to file
You’ll need to provide the following information for your firm, as well as each subcontractor and labor source on the contract:
- Prior City contract experience
- Workforce demographics
- Board member demographics (if applicable)
Thoroughly review the terms, definitions, and required data. Collect all the data you’ll need before you begin.
Fill out the Transparency in Business Disclosure for Prime Contractor form. You’ll need to include:
- Your contract number.
- Your contact information.
- The City department issuing the contract.
- Your conformance manager or buyer’s name and email address.
- The number of subcontractors on this contract.
- The number of labor sources on this contract.
You’ll also need to provide the data you gathered for your firm in Step 1. Optionally, you can complete an LGBTQ applicant opportunity section at the end of the form.
You can get a personalized link if you need to save your work and finish it later. To get your link, select Save and resume later. The link will work for 30 days.
After you submit your form, you’ll get a confirmation email. This email will include a copy of your completed form.
Professional services contracts
If you have a professional services contract, your conformance manager will upload a copy of your form to ACIS. You can move on to the next step.
If you have a bid contract, you’ll need to upload a copy of your form to your vendor profile in PHLContracts. Your submission won’t be complete until you finish this step.
The confirmation email for your prime contractor form will include a link to the Subcontractor or Labor Source form. You’ll need to complete separate forms for each firm.
If you don’t have subcontractors or labor sources for this contract, then you don’t need to complete this step.
If you have a bid contract and add labor sources after you file your initial disclosures, you must return to file a disclosure form for each new labor source.
Requesting an accommodation
If you can’t file the required disclosures on time or at all, you may request an accommodation. The procurement commissioner decides whether to grant an accommodation.
To request an accommodation, you must send a written request to your conformance manager or buyer. Your request must include the reasons you are asking for an accommodation.