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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Thursday, November 7, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Rule changes related to definitions (§ 1 below). 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 (§ 2 below). 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 (§§ 3-5 below). 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 (§§ 6-7 below). 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).

Subject: 

The PPB will hold a public hearing on the proposed rule. The public hearing will take place at 12:00 PM on November 12, 2019. The hearing will take place in the Spector Hall hearing room of 22 Reade Street, New York, NY 10007.

Location: 
Spector Hall
22 Reade Street
New York, NY 10007
Contact: 
Download Copy of Proposed Rule (.pdf): 

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):