(A) Reporting Form. The city requires that all responses to requests for bids or requests for proposals include a completed City of Albuquerque Pay Equity Reporting Form. The form calculates the deviation between salaries for men and women and is designed to encourage compliance with the New Mexico State Fair Pay for Women Act and federal gender pay equity laws. The Central Purchasing Office or the CIP Official shall review all responses to bids and proposals to determine whether the form is included. Any response that does not include a completed form shall be deemed nonresponsive unless the form is submitted within 24 hours of the response deadline. The Central Purchasing Office and the CIP Official may allow the respondent to submit a revised Pay Equity Reporting Form should, in their sole opinion, the originally submitted form require a technical change.
(B) Pay Equity Preference. Prior to making a recommendation of award, the Central Purchasing Office or CIP Official shall apply a 5% pay equity preference to the amount bid or to the total score of any business that includes with its response a valid form.
(1) Pay Equity Business. A business is eligible for a pay equity preference if it maintains an overall deviation and position-specific deviations between the salaries paid to men and the salaries paid to women for comparable positions at the percentages provided by Administrative Instruction. The Chief Administrative Officer may annually adjust the average and position-specific deviations contained in this article by issuing an Administrative Instruction and a notification to City Council. For purposes of this section, comparable positions are those listed in the Job Classification Guide 2019 (or as may be updated and amended from time to time) published by the federal Equal Employment Opportunity Commission.
(2) Certification. The city shall certify any business that demonstrates that it has satisfied the requirements of subsection (1) above as a Pay Equity Business. The certification process shall be as provided by Administrative Instruction. Certificates shall be valid for one year from the date of issuance. The city will continue to honor existing certificates until their dates of expiration.
(C) Limitation. The total amount of all preferences, including the pay equity preference, is limited by § 5-5-17(E).
(D) Rules and Regulations. The Mayor or the Mayor’s designated representative may prescribe reasonable rules and regulations to carry out the intent and purpose of this section.