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Amendment to M/WBE Noncompetitive Small Purchase Dollar Amount Threshold

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Rule status: Adopted

Agency: MOCS

Effective date: June 3, 2023

Proposed Rule Full Text
MOCS-Proposed-Amendment-re-MWBE-Noncompetitive-Small-Purchase-Mechanism-Preliminarily-Certified-3.6.23.pdf

Adopted Rule Full Text
2023-RG-002-Amendment-of-Rules-Governing-Minority-and-Women-Owned-Business-Enterprise-Noncompetitive-Small-Purchase-Mechanism-Final-Rule-Legal-13497027_1-1.pdf

Adopted rule summary:

The Procurement Policy Board is adopting rule amendments to implement recent State Legislation that increases the dollar threshold for the Minority and Women Owned Business Enterprise Noncompetitive Small Purchase mechanism from $500,000 to $1,000,000.

Comments are now closed.

Online comments: 5

  • James Swint

    Thank you for the consideration as this increase will help the many families of these MWBE firms, many of whom are woman and minorities themselves.

    With Gratitude,

    Comment added April 11, 2023 5:14pm
  • Yvette Richardson

    I am in support of the updates to the Minority and Women-Owned Business Enterprise (M/WBE) Noncompetitive Small Purchase procurement method set forth in Procurement Policy Board (PPB) Rule § 3-08.

    In 2022, $43 Billion in contracts were procured by New York City. Only 15% of this total spend was subject to MWBE participation goals with M/WBE’s accounting for only 2% of the value of all new city contracts and purchase orders. Black and Hispanic MWBE’s represent less than 2% of the value of contracts subject to local law 174 goals while over 70% of the value of MWBE contracts awarded have gone to White women and Asian Men.

    Black and Hispanic companies continue to represent the disparity in the disparity, and this is unacceptable. Our companies cannot sustain growth without access to real opportunities. When Black businesses win contracts, Black workforce scales, Black people build wealth, Black communities thrive, and Black youth prosper.

    Procurement represents 20% of our nation’s gross domestic product. In New York City, our nation’s most diverse city, the numbers continue to highlight the undervaluing and lack of access faced by Black businesses. Approval of the proposed updates to PPB rule 3-08 serves as a pivotal next step towards shattering barriers and creating more opportunities for participation. Next, we must ensure and scale compliance efforts surrounding the implementation of these policies and timely payment to these firms. Small businesses are the fabric of this City, we are its economic engine. To ensure all New Yorkers prosper, this, and like policies must prevail.

    Comment added April 14, 2023 1:18pm
  • Deidre Helberg

    I am in support of the updates to the Minority and Women-Owned Business Enterprise (M/WBE) Noncompetitive Small Purchase procurement method set forth in Procurement Policy Board (PPB) Rule § 3-08.

    In 2022, $43 Billion in contracts were procured by New York City. Only 15% of this total spend was subject to MWBE participation goals with M/WBE’s accounting for only 2% of the value of all new city contracts and purchase orders. Black and Hispanic MWBE’s represent less than 2% of the value of contracts subject to local law 174 goals while over 70% of the value of MWBE contracts awarded have gone to White women and Asian Men.

    Black and Hispanic companies continue to represent the disparity in the disparity, and this is unacceptable. Our companies cannot sustain growth without access to real opportunities. When Black businesses win contracts, Black workforce scales, Black people build wealth, Black communities thrive, and Black youth prosper.

    Procurement represents 20% of our nation’s gross domestic product. In New York City, our nation’s most diverse city, the numbers continue to highlight the undervaluing and lack of access faced by Black businesses. Approval of the proposed updates to PPB rule 3-08 serves as a pivotal next step towards shattering barriers and creating more opportunities for participation. Next, we must ensure and scale compliance efforts surrounding the implementation of these policies and timely payment to these firms. Small businesses are the fabric of this City, we are its economic engine. To ensure all New Yorkers prosper, this, and like policies must prevail.

    Thanks!

    Comment added April 14, 2023 1:52pm
  • arnold baker

    Date: April 14, 2023
    To: New York City Leadership ([email protected])
    From: Arnold Baker, BRM Concrete & Black Marlin Marine Engineering
    Re: Procurement Policy Board (PPB) Rule § 3-08

    As a Black Entreprenuer, former Chairman of the National Black Chamber of Commerce, Port Chairman, Airport Commissioner, Railroad Commissioner, US Chamber of Commerce Director, United Nation’s Delegate and founder of several state and city black chamber’s of commerce – I am in support of the updates to the Minority and Women-Owned Business Enterprise (M/WBE) Noncompetitive Small Purchase procurement method set forth in Procurement Policy Board (PPB) Rule § 3-08.

    Approval of the proposed updates to PPB rule 3-08 serves as a pivotal next step towards shattering barriers and creating more opportunities for participation, while positively impacting disenfranchised communities.

    Black and Hispanic companies continue to represent the disparity in the disparity, and this should be unacceptable to responsible and responsive Americans. In 2022, of the $43 Billion in contracts procured by New York City only 15% of this total spend was subject to MWBE participation goals with M/WBE’s accounting for only 2% of the value of all new city contracts and purchase orders. Black and Hispanic MWBE’s represent less than 2% of the value of contracts subject to local law 174 goals while over 70% of the value of MWBE contracts awarded have gone to White women and Asian Men. This is reflective of almost every major city in the US. Do we really have to wonder why the Black Male unemployment (BMU) rate is so high. Even across the South, the BMU rate is between 30% and 50% in most major urban centers.

    Our companies cannot sustain growth without access to real opportunities and without real opportunites jobs cannot be realized in our communities. When Black businesses win contracts, Black workforce scales, Black people build wealth, Black communities thrive, and Black youth prosper. Crime and many of the social ills we face today are diminished or are completely mitigated.

    We have an opportunity in New York City, our nation’s most diverse city, to again make a differnce and be the template of resolution for the entire country and those who aspire to achieve or collective greatness.

    However, we must also ensure and scale compliance efforts surrounding the implementation of these policies and timely payment to these firms. We should never forget the irrefutable fact that small businesses are the fabric of this City, represent its greatest opportunity for growth in all sectors, and fuel the region’s and the nation’s economic engine.

    To ensure that all New Yorkers prosper tomorrow, this, and like policies must prevail today!

    Arnold Baker
    BRM Concrete
    Black Marlin Marine Engineering Group

    Comment added April 14, 2023 1:58pm
  • Iam Christian Tucker

    I am in support of the updates to the Minority and Women-Owned Business Enterprise (M/WBE) Noncompetitive Small Purchase procurement method set forth in Procurement Policy Board (PPB) Rule § 3-08.

    My name is Iam C Tucker, and I am the 2nd generation owner of an Integrated Logistical Support Inc. (ILSI Engineering).
    Next year will make 30 years in business for us, and from my father’s 15 years of company leadership and in my 14 years, we continue to strive to be a part of a 2% participation rate at public agencies across the nation.
    This isn’t a lack of hustle problem, this isn’t a lack of qualifications problem, this isn’t a lack of personnel or experience problem. This is a systemic and systematic problem with agencies that somehow cannot see the same value in the work of black and brown businesses as they do in majority companies.

    You do not need my testimony to prove this, you have the statistics and proof in publicly paid for disparity studies. The statistics are very clear. The very people that these MWBE programs were designed for are STILL not benefitting from them. Somehow the same problems continue to exist, and the programs meant to level the playing field for blacks and brown folks are being successfully exploited by the same folks who already had a seat at the contracting table and at the economic table. Agencies and NGO’s continue to promote the need for us to be ready, the need for blacks to open businesses, the need for us to have access to capital, the constant need for us to “Be Ready!”

    Where is that same push for readiness and for diversity and for accountability with the gatekeepers and decision makers who continue to choose the same folks over and over and over again?
    Who holds the gatekeepers accountable?
    Who examines the contracting officers and agency leaders who continue to not acknowledge nor see our qualifications?

    Why is that I am qualified for so many highly technical jobs as a prime at various federal agencies, but somehow my company is not able to be a viable competitor on less complicated, smaller dollar value, smaller sized jobs with certain local agencies?

    The answer doesn’t lie with the companies like mine, the answer lies within the agencies that have & continue to prove their unwillingness to work with black and brown people. Again, This isn’t opinion, it is statistical fact. It’s not only in New York either, this is a problem nationwide. This nationwide problem is EXACTLY WHY THESE PROGRAMS EXIST.

    These programs cannot & will not be successful until the decision makers are held to account as much as we are.

    We will never move the needle on these numbers if we are never seen for our experience, our value, or our successes over our race.

    The most shameful part of this is the ‘haves’ fighting to ensure the ‘have-nots’ continue to have none.
    While the companies that are thriving in MWBE programs are fighting against us getting the 2% that we are currently trending at, they continue to gain 98% of what we AREN’T getting access to. If that’s not proof of why this amended rule should exist, I don’t know what is.

    Thank you for the opportunity to most respectfully submit comments,

    ICT

    Comment added April 14, 2023 2:28pm