M/WBE Noncompetitive Small Purchases, PASSPort Threshold, and the Comptroller's Receipt Electronic Copies of Contracts

Proposed Rules: Closed to Comments

Comment By: 
Thursday, July 19, 2018


Statement of Basis and Purpose of Proposed 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 proposed 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.


Public Hearing

Please be advised that the Procurement Policy Board will hold a public hearing on the proposed rule changes at 9:00am on July 19, 2018, in the Spector Hall hearing room of 22 Reade Street, New York, New York 10007, to provide the public with an opportunity to comment on the proposed rule changes. Please direct questions to ppb@mocs.nyc.gov . A copy of the proposed rule changes is attached.

Public Hearing Date: 
Thursday, July 19, 2018 - 9:00am

You may transmit questions and comments to ppb@mocs.nyc.gov. You may also reach us by telephone at (212)788-0010.

Spector Hall
22 Reade Street
New York, NY 10007