New York City Council Header
File #: Int 1019-2015    Version: Name: Amending reporting requirements related to M/WBE participation.
Type: Introduction Status: Enacted
Committee: Committee on Contracts
On agenda: 12/7/2015
Enactment date: 9/28/2016 Law number: 2016/117
Title: A Local Law to amend the administrative code of the city of New York, in relation to amending reporting requirements related to M/WBE participation
Sponsors: Helen K. Rosenthal, Margaret S. Chin, Corey D. Johnson, Peter A. Koo, Rosie Mendez, Deborah L. Rose, Ruben Wills, Ydanis A. Rodriguez, Donovan J. Richards, Annabel Palma, Inez E. Dickens, Karen Koslowitz, Carlos Menchaca, I. Daneek Miller, Antonio Reynoso, Elizabeth S. Crowley, James G. Van Bramer, Andrew Cohen, Daniel R. Garodnick, Stephen T. Levin, Ben Kallos
Council Member Sponsors: 21
Summary: Currently, agencies are required to report information on the number and total dollar amount of contracts awarded (by status as minority-owned business enterprise (MBE), women-owned business enterprise (EBE), emerging business enterprise (EBE), and non-certified firm) only for those contracts where the agency set participation goals. This bill would remove this limitation and instead provide this information for all agency contracts. Additionally, the bill would amend the contractual value ranges for which information is reported by clarifying that the number and total value of contracts must be reported by: those contracts at or below the micro-purchase limit, between the micro-purchase limit and the small purchase limit, and between the small purchase limit and $1 million (in addition to the already existing ranges of $1-5 million, $5-20 million, and above $25 million). Finally, the bill would require that the data providing a basis for the M/WBE report be made available to the Council electronically in an extractable format.
Indexes: Oversight
Attachments: 1. Legislative History Report, 2. Summary of Int. No. 1019-A, 3. Summary of Int. No. 1019, 4. Int. No. 1019 - 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. 1019-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. 1019-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 117
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. 1019-A

 

By Council Members Rosenthal, Chin, Johnson, Koo, Mendez, Rose, Wills, Rodriguez, Richards, Palma, Dickens, Koslowitz, Menchaca, Miller, Reynoso, Crowley, Van Bramer, Cohen, Garodnick, Levin and Kallos

 

A Local Law to amend the administrative code of the city of New York, in relation to amending reporting requirements related to M/WBE participation

 

Be it enacted by the Council as follows:

 

Section 1. Subparagraph a 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:

(a) the number and total dollar value of contracts awarded, disaggregated by industry classification [and], size of contract[,] and status as MBE, WBE, EBE, or non-certified firm, and further disaggregated by minority and gender group, and the number and dollar value of such contracts that were awarded to firms that are certified both as MBEs and WBEs, including but not limited to, contracts valued at or below [twenty thousand dollars] the micropurchase limit as set forth in the rules of the procurement policy board in paragraph (ii) of subdivision (c) of section 3-08 of title 9 of the rules of the city of New York, contracts valued above [twenty thousand dollars and at or below one hundred thousand dollars] the micropurchase limit but at or below the small purchase limit as defined in the rules of the procurement policy board in subdivision (a) of section 3-08 of title 9 of the rules of the city of New York, contracts valued above [one hundred thousand dollars] the small purchase limit and at or below one million dollars, contracts valued above one million dollars and at or below five million dollars, contracts valued above five million dollars and at or below twenty five million dollars, and contracts valued above twenty five million dollars;

§ 2. Subparagraph b 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:

(b) for those contracts for which an agency set participation goals in accordance with subdivision i of this section:

[(i) The number and total dollar amount of such contracts disaggregated by industry classification, size of contract and status as MBE, WBE, EBE, or non-certified firm, and further disaggregated by minority and gender group, and the number and dollar value of such contracts that were awarded to firms that are certified both as MBEs and WBEs;]

[(ii)] (i) the number and total dollar value of such contracts that were awarded to qualified joint ventures and the total dollar amount attributed to the MBE, WBE or EBE joint venture partners, disaggregated by minority and gender group, size of contract and industry classification, and the number and dollar value of such contracts that were awarded to firms that are certified both as MBEs and WBEs;

[(iii)] (ii) The number and total dollar value of subcontracts approved during the reporting period that were entered into pursuant to contracts for which participation requirements under this section have been established (including both contracts awarded during the current reporting period and those awarded in earlier reporting periods that remain open during the current reporting period), and the number and total dollar amount of such subcontracts awarded to MBEs, WBEs and EBEs, disaggregated by minority and gender group, size of subcontract and industry classification, and the number and dollar value of such subcontracts that were awarded to firms that are certified both as MBEs and WBEs;

[(iv)] (iii) a list of the requests for full or partial waivers of participation requirements for such contracts made pursuant to paragraph 11 of subdivision i of this section and the determinations made with respect to such requests, and the number and dollar amount of those contracts for which such waivers were granted, disaggregated by industry classification; and

[(v)] (iv) a list of the requests for modification of participation requirements for such contracts made pursuant to paragraph 12 of subdivision i of this section and the determinations made with respect to such requests, and the number and dollar amount of those contracts for which such modifications were granted, disaggregated by industry classification;

§ 3. Paragraph 4 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:

(4) The data that provide the basis for the reports required by this subdivision shall be made available electronically to the council in a non-proprietary format that permits automated processing at the time the reports are submitted.

§ 4. This local law takes effect immediately.

 

SMD/ENB

LS #6325

9/6/2016 9:15 PM