New York City Council Header
File #: Int 1020-2015    Version: Name: Amending reporting requirements and agency goals related to participation of minority and women owned business enterprises in procurements.
Type: Introduction Status: Enacted
Committee: Committee on Contracts
On agenda: 12/7/2015
Enactment date: 9/28/2016 Law number: 2016/118
Title: A Local Law to amend the administrative code of the city of New York, in relation to amending reporting requirements and agency goals related to participation of minority and women owned business enterprises in procurements
Sponsors: Helen K. Rosenthal, Margaret S. Chin, Corey D. Johnson, Peter A. Koo, Rosie Mendez, Deborah L. Rose, Ruben Wills, Ydanis A. Rodriguez, James G. Van Bramer, Andrew Cohen, Stephen T. Levin, Ben Kallos
Council Member Sponsors: 12
Summary: Under local law, prior to soliciting bids or proposals for contracts valued at over ten million dollars (other than contracts for capital projects valued at over twenty-five million dollars and certain contracts that are otherwise exempt), agencies must submit the bid or proposal to the city’s chief procurement officer for a determination whether it is practicable to divide the proposed contract into smaller contracts and whether doing so would enhance competition for such contracts among minority-owned business enterprises (MBEs), women-owned business enterprises (WBEs) and emerging business enterprises (EBEs), and other potential bidders or proposers. Currently, SBS and MOCS submit within their annual M/WBE report a list of all solicitations sent to the city chief procurement officer for review, and a summary of the determination made whether to divide the proposed contract. This bill would require more detailed information about how this determination was made. Additionally, the bill would change the dates by which each agency must submit their M/WBE utilization plan (from April 1 to July 31), anticipated contracting schedule (from July 31 to June 30), and performance improvement plan (in cases where the agency failed to achieve its utilization goals) (from October 1 to January 31). Finally, the bill would remove dollar limitations on the purchases of goods for which agencies have to submit an MWBE utilization plan.
Indexes: Oversight
Attachments: 1. Legislative History Report, 2. Summary of Int. No. 1020-A, 3. Summary of Int. No. 1020, 4. Int. No. 1020 - 12/7/15, 5. December 7, 2015 - Stated Meeting Agenda with Links to Files, 6. Committee Report 12/14/15, 7. Hearing Testimony 12/14/15, 8. Hearing Transcript 12/14/15, 9. Proposed Int. No. 1020-A - 9/19/16, 10. Committee Report 9/14/16, 11. Hearing Transcript 9/14/16, 12. September 14, 2016 - Stated Meeting Agenda with Links to Files, 13. Int. No. 1020-A (FINAL), 14. Fiscal Impact Statement, 15. Hearing Transcript - Stated Meeting 9-14-16, 16. Mayor's Letter, 17. Minutes of the Stated Meeting - September 14, 2016, 18. Local Law 118
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
9/28/2016AHelen K. Rosenthal City Council Recved from Mayor by Council  Action details Meeting details Not available
9/28/2016AHelen K. Rosenthal Mayor Signed Into Law by Mayor  Action details Meeting details Not available
9/28/2016AHelen K. Rosenthal Mayor Hearing Held by Mayor  Action details Meeting details Not available
9/14/2016AHelen K. Rosenthal City Council Sent to Mayor by Council  Action details Meeting details Not available
9/14/2016AHelen K. Rosenthal City Council Approved by CouncilPass Action details Meeting details Not available
9/14/2016*Helen K. Rosenthal Committee on Contracts Hearing Held by Committee  Action details Meeting details Not available
9/14/2016*Helen K. Rosenthal Committee on Contracts Amendment Proposed by Comm  Action details Meeting details Not available
9/14/2016*Helen K. Rosenthal Committee on Contracts Amended by Committee  Action details Meeting details Not available
9/14/2016AHelen K. Rosenthal Committee on Contracts Approved by CommitteePass Action details Meeting details Not available
12/14/2015*Helen K. Rosenthal Committee on Small Business Laid Over by Committee  Action details Meeting details Not available
12/14/2015*Helen K. Rosenthal Committee on Small Business Hearing Held by Committee  Action details Meeting details Not available
12/14/2015*Helen K. Rosenthal Committee on Women's Issues Laid Over by Committee  Action details Meeting details Not available
12/14/2015*Helen K. Rosenthal Committee on Women's Issues Hearing Held by Committee  Action details Meeting details Not available
12/14/2015*Helen K. Rosenthal Committee on Contracts Laid Over by Committee  Action details Meeting details Not available
12/14/2015*Helen K. Rosenthal Committee on Contracts Hearing Held by Committee  Action details Meeting details Not available
12/7/2015*Helen K. Rosenthal City Council Referred to Comm by Council  Action details Meeting details Not available
12/7/2015*Helen K. Rosenthal City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1020-A

 

By Council Members Rosenthal, Chin, Johnson, Koo, Mendez, Rose, Wills, Rodriguez, Van Bramer, Cohen, Levin and Kallos

 

A Local Law to amend the administrative code of the city of New York, in relation to amending reporting requirements and agency goals related to participation of minority and women owned business enterprises in procurements

 

Be it enacted by the Council as follows:

 

Section 1. Subparagraph h of paragraph 1 of subdivision l of section 6-129 of the administrative code of the city of New York, as amended by local law number 1 for the year 2013, is amended to read as follows:

(h) a list of all solicitations submitted to the city chief procurement officer pursuant to subparagraph e of paragraph 2 of subdivision h of this section, and a [summary] detailed explanation of the determination made regarding each such submission; and

§ 2. Paragraphs 1 and 5 of subdivision g of section 6-129 of the administrative code of the city of New York, as amended by local law number 1 for the year 2013, are amended to read as follows:

(1) Beginning May 15, 2006, and on [April 1] July 31 of each year thereafter, each agency which, during the fiscal year which ended on June 30 of the preceding year, has made procurements in excess of five million dollars, without counting procurements that are exempt pursuant to paragraph two of subdivision q of this section, shall submit an agency utilization plan for the fiscal year commencing in July of the year when such plan is to be submitted to the commissioner. Upon approval by the commissioner such plan shall be submitted to the speaker of the council. Each such plan shall, at a minimum, include the following:

(5) The commissioner, in consultation with the city chief procurement officer, shall, no later than [July 31] June 30 of each year, publish on the division's website a plan and schedule for each agency detailing the anticipated contracting actions for the upcoming fiscal year that form the basis for the agency utilization plan of each such agency. The plan and schedule shall include information specific to each prospective invitation for bids, request for proposal, or other solicitation, including, but not limited to, the specific type and scale of the services and/or goods to be procured, the term of the proposed contract, the method of solicitation the agency intends to utilize, and the anticipated fiscal year quarter of the planned solicitation.

§ 3. Paragraph 2 of subdivision g of section 6-129 of the administrative code of the city of New York, as amended by local law number 1 for the year 2013, is amended to read as follows:

(2) An agency utilization plan shall set forth specific participation goals for MBEs, WBEs and/or EBEs for purchases of professional services, standard services, construction and goods [valued at or below twenty thousand dollars, and for purchases of professional services, standard services, construction and goods valued at or below one hundred thousand dollars]. When setting its goals for such purchases, in addition to the factors set forth in paragraph (1) of this subdivision, each agency shall specifically consider the potential for such purchases to provide opportunities for MBEs, WBEs and EBEs to develop greater capacity, thereby increasing competition for city procurements.

§ 4. Paragraph 3 of subdivision l of section 6-129 of the administrative code of the city of New York, as amended by local law number 1 for the year 2013, is amended to read as follows:

(3) If an agency that has submitted an agency utilization plan pursuant to subdivision g of this section fails to achieve its utilization goal, the agency head shall prepare and submit to the director, the commissioner, the city chief procurement officer, and the speaker of the council by [October first] January 31 a performance improvement plan which shall describe in detail the efforts such agency intends to undertake to increase M/WBE participation.

§ 5. This local law takes effect immediately.

 

 

 

SMD/ENB

LS #6326

LS #6330

LS #6331

9/6/16 9:15 PM