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MONDAY, JUNE 24, 2024

THE CITY RECORD

3307

public on MOCS website at https www.nyc.gov/site/mocs/regulations/
ppb.page and at MOCS office located at 255 Greenwich St, 9th Floor, New York, NY 10007.

AGENCY RULES

What authorizes the PPB to make these rules? Sections 311, 314, and 1043 of the New York City Charter authorize the PPB to make the proposed rules. This proposed rule was included in the PPBs regulatory agenda for this Fiscal Year.
Where can I find the PPBs rules? The PPBs rules are in Title 9 of the Rules of the City of New York.

PROCUREMENT POLICY BOARD
NOTICE

Statement of Basis and Purpose of Proposed Rules
Notice of Public Hearing and Opportunity to Comment on Proposed Rules What are we proposing? The Procurement Policy Board PPB is proposing changes to the PPB Rules to change the name of the M/WBE
non-competitive small purchase procurement method.
When and where is the hearing? The PPB will hold a public hearing on the proposed rule. The public hearing will take place on Tuesday, July 30, 2024, at 12:30 PM. The hearing will be at 255
Greenwich St, 9th Floor in the Borough of Manhattan.
The public may also access and participate in the hearing via Internet or telephone.

To join the public hearing via Internet, please follow the meeting link: https teams.microsoft.com/l/meetupjoin/19%3ameeting_M2MxNzZhMWUtODgwMy00NzU1LTh mYTAtNGIxZmIwMjZmODJm%40thread.v2/0?context=%7b %22Tid%22%3a%2232f56fc7-5f81-4e22-a95b-15da66513bef%
22%2c%22Oid%22%3a%2216bb80d0-b04e-477a-80a7d8f84b9d9e66%22%7d Meeting Number: 261 161 334 407
Meeting Password: r9oCCY

To join the public hearing via telephone, please dial: +1 646893-7101,,239729642

How do I comment on the proposed rules? Anyone can comment on the proposed rules by:

Website. You can submit comments to the PPB through the NYC Rules website at http rules.cityofnewyork.us.

Email. You can email comments to ppb@mocs.nyc.gov.

Mail. You can mail comments to:
Attn: Procurement Policy Board Mayors Office of Contract Services 255 Greenwich St, 9th Floor New York, NY 10007

What laws govern the rulemaking process? The PPB must meet the requirements of Section 1043 of the New York City Charter when creating or changing rules. This notice is made according to the requirements of Section 1043 of the New York City Charter.

By speaking at the hearing. Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak. You can sign up before the hearing by emailing ppb@mocs.nyc.gov, or calling 212 298-0800. While there will be an opportunity during the hearing to indicate that you would like to comment, we prefer that you sign up in advance. You can speak for up to three minutes. Please note that the hearing is for accepting oral testimony only and is not held in a Question and Answer format.

Is there a deadline to submit comments? The deadline to submit written comments will be July 30, 2024.
What if I need assistance to participate in the hearing? You must tell the Disability Service Facilitator if you need a reasonable accommodation of a disability at the hearing, including, but not limited to, a sign language interpreter. You can contact the Disability Service Facilitator by email at DisabilityAffairs@mocs.nyc.gov, by telephone at 212 298-0743 or by mail at the address provided above with an attention line to Disability Service Facilitator. Advance notice is requested to allow sufficient time to arrange the accommodation.
Please notify the Disability Service Facilitator at least five 5 business days in advance of the hearing.
This location has the following accessibility options available:
Wheelchair accessibility.
Can I review the comments made on the proposed rules? You can review the comments made online on the proposed rules by going to the website at http rules.cityofnewyork.us/. Within a reasonable time after the hearing, copies of all written comments and a summary of oral comments concerning the proposed rules will be available to the
These proposed Procurement Policy Board PPB Rule amendments would update the provisions of the PPB Rules relating to M/WBE
Noncompetitive Small Purchases.
The PPB is proposing amendments to PPB Rule 3-08c1iv to rename the M/WBE Noncompetitive Small Purchases to M/WBE
Small Purchases.
Section 1 would amend PPB Rule 3-08c1iv to rename the M/
WBE Noncompetitive Small Purchases to M/WBE Small Purchases to provide greater clarity regarding this procurement method. While competition is not required for contracts awarded pursuant to this method, agencies often do utilize various forms of source selection in connection with M/WBE small purchase contracts to promote competition and in the best interests of the City. Renaming this method will reduce confusion amongst vendors and potential vendors regarding whether to expect potential competition in connection with contracts awarded through this method.
Additionally, changing except to provided in the first sentence of
3-08c1iv will clarify that when making M/WBE small purchases pursuant to such provision agencies are required to attempt to obtain at least three price quotes from M/WBE vendors or document their inability to do regardless of whether a procurement includes competition.
The PPBs authority to promulgate these rules is found in sections 311, 314, and 1043 of the New York City Charter.
On June 4, 2024, the PPB voted to initiate the rulemaking process under the Citywide Administrative Procedure Act for this proposed rule amendment.
The new material added in the text of the rule is underlined and the deleted material is in brackets. Shall and must denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.
SECTION 1. SUBPARAGRAPH iv of PARAGRAPH 1 OF
SUBDIVISION c OF SECTION 3-08 OF TITLE 9 OF THE
RULES OF THE CITY OF NEW YORK IS AMENDED TO READ
AS FOLLOWS:
iv M/WBE Noncompetitive Small Purchases. No competition is required for the procurement of goods, services, and construction from M/WBE vendors, except provided that in making purchases pursuant to this subparagraph, the Contracting Officer must attempt to obtain at least three price quotes from M/WBE vendors or document their inability to do so. The Contracting Officer must ensure that the noncompetitive price selected is reasonable and that purchases are distributed appropriately among responsible M/WBE vendors.
Agencies shall not use this subparagraph to make any purchase for goods, services or construction, the value of which is less than or equal to the applicable micropurchase limits set in subparagraph c 1ii above, or to make any purchase the value of which exceeds the maximum amount authorized pursuant to paragraph 1 of subdivision i of section 311 of the Charter. Additionally, agencies shall not make purchases pursuant to this subparagraph for human services.
NEW YORK CITY MAYORS OFFICE OF OPERATIONS
253 BROADWAY, 10th FLOOR
NEW YORK, NY 10007
212-788-1400
CERTIFICATION / ANALYSIS
PURSUANT TO CHARTER SECTION 1043d RULE TITLE: Amendment of Rules Relating to M/WBE Small Purchases REFERENCE NUMBER: PPB-5
RULEMAKING AGENCY: Procurement Policy Board