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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

• Rule changes related to definitions. This amendment to the Procurement Policy Board Rules (“PPB Rules”) adds a new definition for the term “State-certified M/WBE” to effectuate the rule changes described below. This amendment also clarifies the definition of the term “M/WBE.”

• Rule changes related to a Minority or Women-Owned Business Enterprise (“M/WBE”) scoring preference applicable to competitive sealed bids. This amendment to the PPB Rules expands application of the best value competitive sealed bid price preference mechanism to both City and State-certified M/WBEs. This amendment also allows agencies to adjust or suspend this price preference with the approval of the Citywide Chief Procurement Officer (“CCPO”). This amendment exercises authority granted to the City by Chapter 504 of the Laws of 2017 and Chapter 19 of the Laws of 2018 and codified under New York City Charter Section 311(i)(2).

• Rule changes related to an M/WBE scoring preference applicable to competitive sealed proposals. This amendment to the PPB Rules expands application of the best value competitive sealed proposal point or price preference provisions to both City and State-certified M/WBEs and mandates its usage for both professional and construction-related consulting services. Additionally, this amendment also allows agencies to adjust or suspend this point or price preference with the CCPO’s approval. This amendment exercises authority granted to the City by Chapter 504 of the Laws of 2017 and Chapter 19 of the Laws of 2018 and codified under New York City Charter Section 311(i)(2).

• Rule changes related to expansion of the M/WBE Noncompetitive Small Purchase Mechanism. This amendment to the PPB Rules allows agencies to use the M/WBE Noncompetitive Small Purchase mechanism to make purchases not in excess of $500,000. This amendment also expands the scope of applicability of the M/WBE Small Purchase mechanism, allowing agencies to use this mechanism to procure construction services as well. This amendment exercises authority granted to the City by Chapter 98 of the Laws of 2019 and codified under New York City Charter Section 311(i)(1).

Effective Date: 
Thu, 11/21/2019

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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, July 19, 2018
Proposed Rules Content: 

 

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.

 

Subject: 

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.

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

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

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

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

 

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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, November 12, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The Commissioner of the New York City Department of Small Business Services (“DSBS”) intends to promulgate an amendment to Section 11-61 of Chapter 11 of Title 66 of the Rules of the City of New York pursuant to §1304 of the New York City Charter and § 6-129(d)(4) of the New York City Administrative Code. The City’s MWBE Program, originally enacted by Local Law 129 (2005), and codified in section 1304 of the New York City Charter and section 6-129 of the Administrative Code (Ad. Code), establishes goals for participation by minority-owned business enterprises (MBEs) and women-owned business enterprises (WBE’s) as contractors and subcontractors in the categories of construction, standard services, professional services and goods valued under $1 million.

 

Local Law 1 of 2013 amends these provisions by, among other things:

  • changing the participation goals for each of the four procurement categories
  • removing the million dollar cap on construction, professional services, and standard services procurements for which goals may be established, and
  • lowering the cap from $1 million dollars to $100,000 for goods contracts for which goals may be established.

The proposed rule implements the above provisions of Local Law 1; other rules will be proposed to implement other changes made by Local Law 1.

 

The new goals were established based on a Disparity Data Analysis conducted by the Mayor’s Office of Contracts Services, and incorporated as Appendix A in the Committee Report of the City Council’s Government Affairs Division and Committee on Contracts, dated December 17, 2012 (Local Law 1 Committee Report). That analysis compared the availability of MBEs and WBEs in the four procurement categories to their utilization as contractors and subcontractors in City procurements.

 

This proposed rule amends all the goals in Section 11-61 of Chapter 11 of Title 66 of the Rules of the City of New York to match with the new goals established by Local Law (except for the goal enacted in error, as explained below, for WBEs in the professional services category).

 

When Local Law 1 was drafted, it was intended that for each category where a significant disparity between availability and utilization was identified in the Disparity Data Analysis, a goal would be set corresponding to the availability of MBEs or WBEs in the category. The goal identified by the Analysis for WBEs in the professional services category was 17%; however, due to a drafting error, the goal enacted in Local Law 1 was incorrectly listed as 37%.

 

To reflect the correct goal of 17% for WBEs in the professional services category, the Commissioner is exercising his authority under Ad. Code § 6-129(d)(4) periodically to review the availability and utilization rates for MBEs and WBEs and, where appropriate, to revise the Citywide participation goals set forth in that section. This is being done in consultation with the City’s Chief Procurement Officer, as required by §6-129(d)(4). The section also provides that results of the review and any proposed revision to the goals are to be submitted to the Speaker of the City Council at least 60 days prior to publishing a rule that would revise the goals. The results of the review have already been provided to the Council, and, as noted above, the Council has included them in the Local Law 1 Committee Report.

 

 

Subject: 

Opportunity to comment on proposed amendments to rules concerning participation by minority-owned and women-owned business enterprises in City procurement, including a correction of the goal for participation by women-owned business enterprises in procurements for professional services.

Location: 
110 William Street, 4th Floor
New York, NY 10038
Contact: 

Anne Rascon
Deputy Commissioner, Division of Financial and Economic Opportunity
Department of Small Business Services
110 William Street, 2nd Floor
New York, New York 10038

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, November 12, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The City’s M/WBE Program, originally enacted by Local Law 129 (2005), and codified in section 1304 of the New York City Charter and section 6-129 of the Administrative Code (Ad. Code), establishes goals for participation by minority-owned business enterprises (MBEs), women-owned business enterprises (WBEs), and emerging business enterprises (EBEs) as contractors and subcontractors in the categories of construction, standard services, professional services, and goods valued under $1 million. Local Law 129 (2005) also requires the Commissioner to establish and operate, on behalf of the City, a centralized program for the certification of MBEs, WBEs and EBEs for the purposes of establishing the eligibility of such businesses for participation in the programs and processes established pursuant to local law to ensure their meaningful participation in City procurement.

 

Local Law 1 of 2013 amends these provisions by, among other things:

 

  • changing the participation goals for each of the four procurement categories (construction, standard services, professional services, and goods);

 

  • removing the million dollar cap on construction, professional services, and standard services procurements for which a City agency may establish goals;

 

  • lowering the cap from $1 million dollars to $100,000 for goods contracts for which a City agency may establish goals;

 

  • modifying defined terms and adding new defined terms;

 

  • changing the definition of “Graduate MBE and/or WBE” and “Graduate EBE” as well as adding new requirements that during the certification and recertification process, SBS determine whether a firm qualifies as a Graduate MBE, Graduate WBE or Graduate EBE and that SBS implement a process for applicable business entities to challenge such a determination as well as a process for having such a designation lifted;

 

  • adding new division requirements regarding oversight of the M/WBE Program, the provision of technical assistance and the promotion of joint ventures;

 

  • adding a new requirement that SBS perform site visits for at least 5% of new MBE and/or WBE as well as EBE certification applications in a given fiscal year; and

 

  • modifying the criteria and procedures for SBS to utilize in determining whether firms certified as MBEs and/or WBEs by other governmental entities can be recognized as certified business enterprises by the City.

 

The proposed rule amendments to Subchapters B, D and E of Chapter 11 of Title 66 of the Rules implement the above provisions of Local Law 1 of 2013 and conform to the new requirements established by Local Law.

 

In a separate, simultaneously published proposed rule, DSBS is amending the goals in Section 11-61 of Chapter 11 of Title 66 of the Rules of the City of New York to match the new goals established by Local Law 1. The intent of Local Law 1 was to set goals corresponding to the availability of MBEs or WBEs in categories where a significant disparity between availability and utilization was identified in the Disparity Data Analysis. The goal identified by the Analysis for WBEs in the professional services category was 17 percent; however, due to a legislative drafting error, the goal enacted in Local Law 1 was incorrectly listed as 37 percent. To reflect the correct goal of 17 percent for WBEs in the professional services category, the Commissioner will be exercising the authority provided under Ad. Code § 6-129(d)(4) periodically to review the availability and utilization rates for MBEs and WBEs and, where appropriate, to revise the Citywide participation goals set forth in that section. Section 6-129(d)(4) also provides that DSBS submit the results of the review and any proposed revision to the goals to the Speaker of the City Council at least 60 days prior to publishing a rule that would revise the goals. DSBS has already provided the results of the review to the Council, and, as noted above, the Council has included them in the Local Law 1 Committee Report. DSBS has notified the Speaker of the proposed rulemaking and the 60 day period has since elapsed.

 

 

Subject: 

Opportunity to comment on proposed amendments to rules concerning participation by and opportunities for minority-owned, women-owned and emerging business enterprises in City procurement.

Location: 
110 William Street, 4th Floor
New York, NY 10038
Contact: 

Anne Rascon
Deputy Commissioner, Division of Financial and Economic Opportunity
Department of Small Business Services
110 William Street, 2nd Floor
New York, New York 10038

Download Copy of Proposed Rule (.pdf): 

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