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Office of Contract Services/Procurement Policy Board

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

The City of New York invests billions of dollars annually in client and community-based services through competitive contracts. These contracts are awarded to providers to deliver a wide range of services such as mental health counseling, workforce training, foster care, after school programs, senior centers, and shelter and housing programs. The city agencies contracting for these services include the Administration for Children’s Services, Department for the Aging, Department of Correction, Office of the Criminal Justice Coordinator, Department of Health and Mental Hygiene, Department of Homeless Services, Department of Probation, Department of Housing Preservation and Development, Human Resources Administration, Department of Small Business Services, and Department of Youth and Community Development.

To streamline the procurement process for these client services contracts, on April 9, 2012, the Mayor issued Executive Order No. 160 (EO 160), establishing HHS Accelerator within the Office of the Mayor. HHS Accelerator was created to simplify and speed the contract process for client and community-based Services providers. Through a deliberate and collaborative multi-year planning process with providers, redundant paper-based requirements were removed, processes reengineered, and contract documents standardized. HHS Accelerator allows vendors to pre-qualify online, and upload and store documents electronically that were previously submitted by hard copy for each contract solicitation. HHS Accelerator also provides City oversight and contracting agencies a means for standardizing the procurement process, in particular service categories, and for monitoring solicitations centrally. EO 160 also established the position of HHS Accelerator Director.

The amendments to the rules:

• Define functions of HHS Accelerator and authority of the HHS Accelerator Director;

• Establish the HHS Accelerator Rule as the default procurement method for client service contracts except as otherwise provided in the rule;

• Set forth the policy and criteria governing the prequalification of vendors through HHS Accelerator, including a method for a vendor to appeal denial of prequalification through HHS Accelerator;

• Establish a process for soliciting proposals from prequalified vendors through HHS Accelerator.

Effective Date: 
Fri, 12/27/2013

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.

 

The amendment provides that performance evaluations be done for contracts for goods procured by competitive sealed bids on the basis of best value to the City.

 

 

Effective Date: 
Mon, 07/01/2013

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.

 

In light of the Best Value Law, the amendments to this rule:

  • set forth the rules governing the purchase of goods and standard services through competitive sealed proposals,
  • require that all awards based on competitive sealed proposals will be made based on the best value to the City as defined in the State Finance Law,
  • require the identity of all proposers for goods and standard services to be disclosed at the due date and time for the proposals as required by the amendments to GML §103, and
  • allow the multiple award process to be used for the purchase of goods and standard services and set forth the process for how those awards will be made.

 

 

Effective Date: 
Mon, 07/01/2013

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.

 

In light of the Best Value Law, the amendments:

·         set forth the rules governing competitive sealed bids to be awarded on the basis of best value to the City,

·         require agencies to state in the bid for goods or standard services whether the award will be made on the basis of price only or will be made on the basis of best value to the City,

·         requires that if award is made on the basis of best value, the bid include a statement of how best value will be determined,

·         set forth the criteria that may be considered by the agency when award is to be made on the basis of best value,

·         requires documentation by the agency of the reasons for determining that a bid represents best value, and,

·         allows multiple award task order purchases among multiple contractors pursuant to competitive sealed bids for the purchase of goods and standard services where it is determined by the agency to be in the best interests of the City.

 

 

Effective Date: 
Mon, 07/01/2013

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.

 

In light of the Best Value Law, the amendments to this rule require agencies to make a special case determination where contracts are to be awarded by competitive sealed bidding on the basis of best value to the City.

 

 

Effective Date: 
Mon, 07/01/2013

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.

 

The amendment to this rule adds the requirement for a public hearing where contracts are to be awarded by competitive sealed bidding on the basis of best value to the City.

 

 

 

Effective Date: 
Mon, 07/01/2013

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.

 

The amendments to this rule provide a definition for the first time for “standard services.”

 

This definition is needed in light of the Best Value Law. In addition, the amendments provide definitions for “human services” and “professional services”. The amendments also delete the definition for “multi-step sealed bidding” because, in light of the Best Value Law, this process (set forth in rule 3-02) is proposed for repeal.

 

 

Effective Date: 
Mon, 07/01/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

 

Statement of Basis and Purpose

 

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

 

According to the rules of the Procurement Policy Board, a responsive bid or proposal complies with:

 

·     all material terms and conditions of the agency’s procurement solicitation, and

 

·     all material requirements of the agency’s specifications for the goods, services, or construction to be procured.

 

The Agency Chief Contracting Officer (“ACCO”) is required to make a determination of responsiveness before a contract can be awarded to a potential vendor.

 

Courts interpreting whether a bid must be rejected because it did not comply with bid requirements have stated that to waive a finding of non-responsiveness and award a contract to an otherwise non-responsive bidder, the procuring agency must conclude that such a waiver would not:

 

·     deprive the agency of the assurance that the contract will be performed according to its specific requirements, or

 

·     adversely affect the competition.

 

The amendment will make the Procurement Policy Board rule regarding non-responsiveness consistent with this interpretation.

 

New material is underlined and deletions are [bracketed].

 

 

Effective Date: 
Mon, 07/01/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

 

The amendment increases the dollar amount below which procurement and award of contracts may be made without competition from $5,000 to $20,000, in order to increase micropurchase awards to minority and women-owned business enterprises (M/WBEs). The rule also clarifies that agencies are to include M/WBEs when distributing micropurchase awards amongst responsible vendors. Pursuant to Charter §314 this change will require concurrent action of the New York City Council. The amendment also requires all small purchases of more than $20,000 to be procured by use of a written solicitation.

 

 

Effective Date: 
Mon, 07/15/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, September 10, 2013
Proposed Rules Content: 

 

 

 

Statement of Basis and Purpose

 

Procurement Policy Board (“PPB”) Rule 3-05 currently sets forth the procedures that must be followed for all sole source procurements above $2,500. Sole source procurement is a method of procurement that is to be used where there is only one source for the required goods, service or construction. PPB Rule 3-05 is being amended to make the sole source procurement rule consistent with recent changes to another PPB Rule, Rule 3-08. PPB Rule 3-08 generally governs small purchases, i.e. purchases under $100,000. Recent amendments to PPB Rule 3-08 changed the amount below which no competition is required for small purchases, from $5,000 to $20,000. In order to be consistent with these changes, PPB Rule 3-05 is being amended to increase the threshold above which agencies must follow sole source procurement procedures to $20,000; above this threshold, agencies must follow the sole source procurement process set forth in Rule 3-05.

 

Rule 3-05 is also being amended to provide that, for all procurements subject to Rule 3-05, the Agency Chief Contracting Officer (“ACCO”) must provide a description of the process used to determine that only one source was available; a description of the efforts made to ensure that offers were solicited from other sources; where applicable, a statement of intended actions to develop competition in future; and must perform a presoliciation review. Previously, some of these requirements only applied to procurements above specified monetary thresholds ($10,000 or less for goods and services and $15,000 or less for construction and construction-related services).

 

Keywords:
Subject: 

Opportunity to comment on the proposed amendments related to the procurement policy board rule regarding sole source procurement.

Location: 
Mayor’s Office of Contract Services
253 Broadway, 14th Floor
New York, NY 10007
Contact: 

Andrea Glick
Director
Mayor’s Office of Contract Services
253 Broadway, 9th Floor
New York, New York 10007

Download Copy of Proposed Rule (.pdf): 

Pages