Emergency Procurements; Extension of time for Performance; Investment Services; Public Notice; and Best Value

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Tuesday, March 1, 2016

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.