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THE CITY RECORD

3308

I certify that this office has analyzed the proposed rule referenced above as required by Section 1043d of the New York City Charter, and that the proposed rule referenced above:
i
Is understandable and written in plain language for the discrete regulated community or communities;

ii Minimizes compliance costs for the discrete regulated community or communities consistent with achieving the stated purpose of the rule; and
G.

2.

June 12, 2024
Date
NEW YORK CITY LAW DEPARTMENT
DIVISION OF LEGAL COUNSEL
100 CHURCH STREET
NEW YORK, NY 10007
212-356-4028
CERTIFICATION PURSUANT TO
CHARTER 1043d RULE TITLE: A
mendment of Rules Relating to M/WBE Small Purchases
3.

RULEMAKING AGENCY: Procurement Policy Board I certify that this office has reviewed the above-referenced proposed rule as required by section 1043d of the New York City Charter, and that the above-referenced proposed rule:

iii to the extent practicable and appropriate, is narrowly drawn to achieve its stated purpose; and iv to the extent practicable and appropriate, contains a statement of basis and purpose that provides a clear explanation of the rule and the requirements imposed by the rule.
/s/ STEVEN GOULDEN
Senior Counsel
Date: June 12, 2024

Accessibility questions: Disability Service Facilitator, 212 298-0800, DisabilityAffairs@mocs.nyc.gov, by: Wednesday, July 24, 2024, 5:00 P.M.

E j24
CAPA REGULATORY AGENDA FY 2025
PROCUREMENT POLICY BOARD

In compliance with section 1042 of the New York City Charter, the Procurement Policy Board PPB submits this regulatory agenda for PPB Rules that may be promulgated during the next fiscal year, beginning July 1, 2024, and ending June 30, 2025.
1.

A.

Reason: The PPB is proposing to amend several rules to extend the maximum allowable term of multiple award contracts / task and purchase orders, which will reduce the number of procurements necessary by reducing agencies administrative burden.

B.

Anticipated Contents: Amendments to 9 RCNY Sections 3-02 and 3-03.

C.

Objectives: To reduce agencies administrative burden and increase contracting efficiency.

D.

Legal Basis: Sections 311, 313, 319, and 1043 of the New York City Charter
E.

Types of individuals and entities likely to be affected:
Vendor community that utilizes multiple award contracts.

F.

Other relevant laws: None.

G.

Approximate schedule: First Quarter of FY 2025.

A.

Reason: The PPB is proposing amendments to promote the use of challenge-based procurements, to extend the maximum allowable term of a contract for a demonstration project, and to clarify agencies to use other procurement methods to secure additional products or continued services after the conclusion of a demonstration project.

B.

Anticipated contents: Amendments to 9 RCNY Section 3-11.

C.

Objectives: To expand the appropriate use of demonstration projects by city agencies.

D.

Legal Basis: Sections 311 and 1043 of the New York City Charter.

E.

Types of individuals and entities likely to be affected:
Potential vendors seeking to contract with the City using demonstration project procurement method.

F.

Other relevant laws: None.

G.

Approximate schedule: First Quarter of FY 2025.

Agency Contacts:
4.

SUBJECT: Electronic bidding A.

Reason: Effective March 1, 2024, the State of New York enacted Assembly Bill A7685/2024, which amends GML
103 to allow an agency of a city with a population of at least one million to authorize or require the electronic submission of bids and offers for any public contract.
The legislation also allows for the public opening, reading, and identification of bids and proposers through online livestreaming and by posting an online record of such bids or proposals. The PPB is proposing to amend various rules to codify this authority in the PPB Rules.

Procurement Policy Board ppb@mocs.nyc.gov 212 298-0624

SUBJECT: Challenge-based Procurement
is drafted so as to accomplish the purpose of the authorizing provisions of law;

ii is not in conflict with other applicable rules;

Procurement Policy Board ppb@mocs.nyc.gov 212 298-0624

SUBJECT: Multi Award Contract Reform
Agency Contacts:

REFERENCE NUMBER: 2024 RG 055

i
Approximate schedule: First Quarter of FY 2025

Agency Contacts:

iii Does not provide a cure period because it does not establish a violation, modification of a violation, or modification of the penalties associated with a violation.
/s/ Francisco X. Navarro Mayors Office of Operations
MONDAY, JUNE 24, 2024

Procurement Policy Board ppb@mocs.nyc.gov 212 298-0624

SUBJECT: Renaming M/WBE Non-Competitive Small Purchases A.

Reason: The PPB is proposing amendments to amend the name of the M/WBE Non-Competitive Small Purchases to M/WBE Small Purchase.

B.

Anticipated contents: Amendments to 9 RCNY Section 3-08.

C.

Objectives: To provide greater clarity regarding regarding the use of this procurement method and mitigate confusion amongst vendors and potential vendors regarding the expectation of potential competition within this award method.

D.

Legal Basis: Sections 311, 314, and 1043 of the New York City Charter.

E.

Types of individuals and entities likely to be affected:
M/WBE vendors and potential vendors.

F.

Other relevant laws: None.

G.

Approximate schedule: First Quarter of FY 2025.

B.

Anticipated Contents: Amendments to 9 RCNY Sections 1-01, 2-07, and 3-02.

C.

Objectives: To update the PPB Rules in accordance with A7685/2023.

D.

Legal Basis: Sections 311, 325, and 1043 of the New York City Charter; General Municipal Law Section 103
Subdivisions 1 and 2.

Agency Contacts:

E.

Types of individuals and entities likely to be affected:
Construction industry.

5.

F.

Other relevant laws: None
Procurement Policy Board ppb@mocs.nyc.gov 212 298-0624

SUBJECT: Design-Build A.

Reason: In 2019, New York State passed the New York City Public Works Investment Act authorizing certain