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Office of Contract Services/Procurement Policy Board

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

NOTICE OF ADOPTION OF RULE

 Pursuant to the authority vested in the Procurement Policy Board by Section 311 of the New York City Charter (“Charter”) and in accordance with the requirements of Section 1043 of said Charter, the Procurement Policy Board has adopted amendments to Chapter 1, Chapter 2, and Chapter 3 of Title 9 of the Rules of the City of New York. The amendments were published in the City Record on June 18, 2018, and a supplemental notice was published on July 6, 2018. A public hearing was held on July 19, 2018. The amendments were adopted by the Procurement Policy Board on September 27, 2018. This rule will go into effect on November 5, 2018.

 

STATEMENT OF BASIS AND PURPOSE OF RULE

 

  • Rule changes relating to PASSPort threshold escalation and terminological change (§§ 1-5). This amendment to the Procurement Policy Board Rules (“PPB Rules”) increases the dollar threshold for mandatory PASSPort enrollment for vendors doing business with the City of New York. This PPB Rules amendment also seeks to clarify the nomenclature used to describe the electronic vendor record system established pursuant to Section 6-116.2(b) of the New York City Administrative Code.

 

  • Rule changes relating to copies of registered contracts (§ 6). This amendment to the PPB Rules permits the Comptroller to accept reproductions of signature in lieu of original ink signatures. The New York City Charter requires only that “a copy” of a contract or agreement be filed with the Comptroller for the purposes of contract registration.  See NYC Charter § 328. The PPB Rules, which apply to the vast majority of City contracts, however, require that an “original executed contract” “…be submitted for each item required to be registered.”  See PPB Rules § 2-12. This change to the PPB Rules is consistent with applicable New York laws governing electronic contracts and signatures, the admissibility of reproductions in a court of law, and current trends favoring increased acceptance of electronic records.

 

  • Creation of an “M/WBE Noncompetitive Small Purchase” mechanism (§ 7). This amendment to the PPB Rules creates a new subtype of small purchase, known as an “M/WBE Noncompetitive Small Purchase.” The M/WBE Noncompetitive Small Purchase mechanism allows agencies to make purchases of goods and services from Minority and Women Owned Business Enterprises (“M/WBEs”) in amounts not exceeding $150,000 without competition. Pursuant to the authority set forth in New York City Charter Section 311(i)(1), added by Chapter 504 of the Laws of 2017, this amendment also creates a separate small purchase threshold for M/WBE Noncompetitive Small Purchases.

 The PPB’s authority for these rules is found in section 311of the New York City Charter.

 

Effective Date: 
Mon, 11/05/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE OF RULE

The amendment increases the dollar amount below which procurement and award of contracts for construction can be made without competition from $20,000 to $35,000, in order to increase micropurchase awards to minority and women-owned business enterprises.

PPB’s authority for these rules is found in sections 311 and 1043 of the New York City Charter.

Effective Date: 
Tue, 03/01/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE OF RULE

The Procurement Policy Board (“PPB”) has amended Chapter 2 and Chapter 3 of Title 9 of the Rules of the City of New York to update the name and address for the Bureau of Contract Administration within the Office of the New York City Comptroller.  These changes will ensure that submissions required to be made by its rules are sent to the correct address.

PPB’s authority for these rules is found in sections 311 and 1043 of the New York City Charter.

Effective Date: 
Tue, 03/01/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 STATEMENT OF BASIS AND PURPOSE OF RULE

New York City’s Minority-and Women-Owned Business Enterprise (M/WBE) program was established to enhance the ability of M/WBEs to compete for city contracts, to enhance city agencies' awareness of such business enterprises, and to ensure their meaningful participation in city procurement. The City’s M/WBE Program was signed into law by New York City Local Law 129 of 2005, and was later expanded by New York City Local Law 1 of 2013 (Local Law 1). PPB has amended Chapter 1 of Title 9 of the Rules of the City of New York to clarify the definition of an M/WBE as per Local Law 1. This clarification will avoid any confusion about other similar certifications for M/WBE’s.

The authority for PPB to promulgate these rules is found in sections 311 and 1043 of the New York City Charter.

Effective Date: 
Tue, 03/01/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

STATEMENT OF BASIS AND PURPOSE OF RULES

The Procurement Policy Board (“PPB”) hereby amends the Rules of the City of New York in six respects:

  • Emergency Procurements: On December 30, 2013, Mayor Bloomberg signed into law Local Law 135 of 2013 to amend Section 315 of the New York City Charter (“Charter”) to provide notification to the New York City Council (“Council”) when agencies procure emergency goods, services or construction.  The amendment to the City Charter requires agencies to provide the Council with the written determination of the basis for each emergency procurement and the selection of the contractor within fifteen days after contract award. This rule amends Chapter 3 of Title 9 of the Rules of the City of New York to reflect the changes made to Section 315 of the City Charter.
  • Extension of Time for Performance: Chapter 4 of Title 9 of the Rules of the City of New York currently sets forth the requirements for the application and approval of time extension requests for contracts requiring construction, goods, and non-construction related services. This amendment permits all services contracts and task orders under task order contracts to be extended pursuant to the rule.
  • Investment Services: In order to increase the use by New York City’s retirement systems of successful smaller investment managers, the amendment will permit one or more of the New York City retirement systems to use a negotiated acquisition mechanism in order to allow direct contracts with a vendor that has successfully provided investment management services to such system under an emerging manager program.
  • Public Notice: The amendment requires that agencies email invitations for bids (IFBs), requests for proposals (RFPs) or notices of their availability to vendors unless a written request to receive such IFBs or notices of their availability by mail, fax, hand delivery, or otherwise is approved by the City Chief Procurement Officer (CCPO); and requires IFBs, RFPS or notices of their availability to include the email address of the agency contract person, if applicable. This rule includes electronic mailings as a manner in which invitations for bids and request for proposals are distributed. This amendment will go into effect on July 1, 2016.
  • Best Value: New York State General Municipal Law § 103 was amended to permit purchase contracts to be awarded on the basis of best value. Best value is a basis for awarding a contract for goods or standard services which optimizes quality, cost and efficiency among responsive and responsible bidders or offerors, reflecting, whenever possible, objective and quantifiable analysis. Pursuant to GML § 103 and State Finance Law § 163, such a basis may identify quantitative factors for offerors that are small businesses or certified minority- or women-owned business enterprises (M/WBE) when evaluating bids and offers. On April 8, 2013, the Procurement Policy Board (PPB) adopted amendments to Chapter 3 of Title 9 of the Rules of the City of New York to authorize the use of best value awards based on competitive sealed bids and competitive sealed proposals. PPB now further amends Chapter 3 to establish requirements for implementing quantitative factors for M/WBEs when evaluating bids and offers for awarding of contracts as per State Finance Law § 163(1)(j).

PB’s authority for these rules is found in sections 311 and 1043 of the New York City Charter.

Effective Date: 
Tue, 03/01/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, September 14, 2015
Proposed Rules Content: 

 STATEMENT OF BASIS AND PURPOSE OF PROPOSED RULES

The Procurement Policy Board (“PPB”) is proposing amendments to Chapter 2 and Chapter 3 of Title 9 of the Rules of the City of New York to update the name and address for the Bureau of Contract Administration within the Office of the New York City Comptroller.  These changes will ensure that submissions required to be made by its rules are sent to the correct address.

 PPB’s authority for these rules is found in sections 311 and 1043 of the New York City Charter.

Subject: 

Update to Name and Address of Bureau of Contract Administration

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, September 14, 2015
Proposed Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE OF PROPOSED RULES

 

New York City’s Minority-and Women-Owned Business Enterprise (M/WBE) program was established to enhance the ability of M/WBEs to compete for city contracts, to enhance city agencies' awareness of such business enterprises, and to ensure their meaningful participation in city procurement. The City’s M/WBE Program was signed into law by New York City Local Law 129 of 2005, and was later expanded by New York City Local Law 1 of 2013 (Local Law 1). PPB is proposing to amend Chapter 1 of Title 9 of the Rules of the City of New York to clarify the definition of an M/WBE as per Local Law 1. This clarification will avoid any confusion about other similar certifications for M/WBE’s.

 The authority for PPB to promulgate these rules is found in sections 311 and 1043 of the New York City Charter.

Subject: 

Definition of Minority- and Women-Owned Business Enterprise

Location: 
22 Reade Street, Spector Hall,
New York, NY 10007
Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, September 14, 2015
Proposed Rules Content: 

STATEMENT OF BASIS AND PURPOSE OF PROPOSED RULES

 

 

The Procurement Policy Board (“PPB”) hereby proposes to promulgate amendments to the Rules of the City of New York in six respects:

 

  •  Emergency Procurements: On December 30, 2013, Mayor Bloomberg signed into law Local Law 135 of 2013 to amend Section 315 of the New York City Charter (“City Charter”) to provide notification to the New York City Council (“Council”) when agencies procure emergency goods, services or construction.  The amendment to the City Charter requires agencies to provide the Council with the written determination of the basis for each emergency procurement and the selection of the contractor within fifteen days after contract award. This proposal seeks to amend Chapter 3 of Title 9 of the Rules of the City of New York to reflect the changes made to Section 315 of the City Charter.
  •  Micropurchases: The proposed amendment seeks to increase the dollar amount below which procurement and award of contracts for construction made without competition from $20,000 to $35,000, in order to increase micropurchase awards to minority and women-owned business enterprises.
  •   Extension of Time for Performance: Chapter 4 of Title 9 of the Rules of the City of New York currently sets forth the requirements for the application and approval of time extension requests for contracts requiring construction, goods, and non-construction related services. This proposal seeks to amend the rule to permit all services contracts and task orders under task order contracts to be extended pursuant to the rule.
  • Investment Services: In order to increase the use by New York City’s retirement systems of successful smaller investment managers, the proposed amendment will permit one or more of the New York City retirement systems to use a negotiated acquisition mechanism in order to allow direct contracts with a vendor that has successfully provided investment services management services to such system under an emerging manager program.
  •  Public Notice: The proposed amendment requires that agencies email IFBs, RFPs or notices of their availability to vendors unless a written request to receive such IFBs or notices of their availability by mail, fax, hand delivery, or otherwise is approved by the CCPO; and requires IFBs, RFPS or notices of their availability to include the email address of the agency contract person, if applicable. This proposal seeks to include electronic mailings as a manner in which invitations for bids and request for proposals are distributed.
  • Best Value: New York State General Municipal Law § 103 was amended to permit purchase contracts to be awarded on the basis of best value. Best value is a basis for awarding a contract for goods or standard services which optimizes quality, cost and efficiency among responsive and responsible bidders or offerers, reflecting, whenever possible, objective and quantifiable analysis. Pursuant to GML § 103 and State Finance Law § 163, such a basis may identify quantitative factors for offerers that are small businesses or certified minority- or women-owned business enterprises (M/WBE) when evaluating bids and offers. On April 8, 2013, the Procurement Policy Board (PPB) adopted amendments to Chapter 3 of Title 9 of the Rules of the City of New York to authorize the use of best value awards based on competitive sealed bids and competitive sealed proposals. PPB is proposing to further amend Chapter 3 to establish requirements for implementing quantitative factors for M/WBEs when evaluating bids and offers for awarding of contracts as per State Finance Law § 163(1)(j).

PPB’s authority for these rules is found in sections 311 and 1043 of the New York City Charter.

Subject: 

Amendments to Small Purchase and Other Procurements

Location: 
22 Reade Street, Spector Hall,
New York, NY 10007

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

 Prior  to  recent  amendments  to  New  York  State  General  Municipal  Law  §  103,  contracts for public work and contracts for purchase contracts (i.e., contracts for the purchase of goods and standard services) had to be procured, as a general matter, by publicly advertised, low sealed bid. The recent changes to GML § 103 (the “Best Value Law”) give the City the option to procure purchase contracts based on best value to the City, as that phrase is defined in State Finance Law § 163.  Under that section, best value is defined in terms of the optimization of quality, cost and efficiency. 

PPB Rule, 9 RCNY § 2-09 sets forth the requirements for the Recommendation for Award prepared by the agency’s contracting officer.  In light of recent amendments to PPB Rules, 9 RCNY §§ 3-02 and 3-03, which give agencies the option to award goods and standard services based on best value to the City instead of lowest bidder, this amendment to § 2-09 adds the requirement that the Recommendation for Award set forth the criteria used in determining best value if an award is made to a bidder whose bid represents the best value to the City.

Effective Date: 
Fri, 12/27/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 Statement of Basis and Purpose of Final Rule

 This rule is proposed pursuant to the authority of the Procurement Policy Board under sections 311 and 1043 of the New York City Charter.

 The proposed amendments to the Procurement Policy Board Rules (“Rules”) seek to establish an alternative method of procuring investment management services for the assets of the New York City Retirement Systems and related funds (collectively the “Systems”). The proposed process was tested and arises from a pilot program, established under Section 3-12 of the Rules for Innovative Procurement Methods.

 The goals of the proposed amendments to the Rules are to:

 1) leverage existing financial databases and the analytical resources of the Systems investment consultants to increase competition and expand the universe of managers that may be considered for retention by the Systems;

 2) increase the pool of top tier investment management firms to invest the System’s assets by establishing a process whereby all qualified investment managers are considered for possible contract award;

 3) reduce the time it takes to complete the procurement process by eliminating the need to review and evaluate large numbers of proposals regardless of performance ranking and instead allow the investment staff working on behalf of the Systems to concentrate its evaluation on the highest performers, as determined through industry wide assessments and sophisticated analytics performed by the Systems’ consultants; and

 4) allow the Systems to react more quickly to market opportunities, which should improve performance and reduce market impact on the Systems’ portfolios.

 

Effective Date: 
Fri, 12/27/2013

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