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THE CITY RECORD

g Evaluation Process. Award, if any, must be made to the responsible proposer whose proposal represents the best value to the City by optimizing quality, cost and efficiency and therefore is determined to be the most advantageous to the City, taking into consideration the price and such other factors or criteria that are set forth in the RFP. In evaluating the proposals, the agency may consider only price and the criteria set forth in the RFP. In considering price, the agency may use methods such as ranking technically viable proposals by price, evaluating price per technical point, or evaluating proposals in accordance with another combination of price and technical merit. Such methods may result in the agency selecting the highest technically rated proposer over another technically qualified proposer who offered a lower fee as a result of factors including, but not limited to, the selected vendors superior technical skill and expertise, increased likelihood of timely completion, and/or ability to manage several projects simultaneously with lower overall costs to the City, including costs in City personnel time and consultants. However, for construction-related consulting services, including those procured through multiple award task orders, the agency shall rank proposers by technical merit, and then consider price by negotiating a fair and reasonable price with the highest technically ranked proposers. In ranking proposers for construction-related consultant services by technical merit, agencies must, except with the approval of the CCPO, provide a point preference of five percent 5% of the total technical points earned in the evaluation of its proposal to all vendors that are M/WBEs or State-certified M/WBEs before ranking proposers by technical merit. The point preference percentage, if any, shall be included in the RFP. Other methods for considering price, including using fee curves based on market-derived data with appropriate consideration of complexity, or evaluating proposals in accordance with another combination of price, and technical merit and proposers status as an M/WBE or State-certified M/WBE, may be used for construction-related consulting services only with the written approval of the CCPO.

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. and 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 $20,000 the applicable micropurchase limits set in subparagraph c1ii above, or to make any purchase the value of which exceeds $150,000 $500,000. Additionally, agencies shall not make purchases pursuant to this subparagraph for human services or construction.

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: Amendment of PPB Rules Relating to Bids, Proposals, and Purchases from M/WBEs REFERENCE NUMBER: 2019 RG 071
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:

SECTION 5. PARAGRAPH 6 OF SUBDIVISION g OF
SECTION 3-03 OF CHAPTER 3 OF TITLE 9 OF THE RULES
OF THE CITY OF NEW YORK, IS AMENDED TO READ AS
FOLLOWS:
6 Contract proposals from vendors certified that are M/WBEs or State-certified M/WBEs for the purchase of goods, and standard and professional services except for construction-related consulting services. Proposals submitted by certified such M/WBEs or Statecertified M/WBEs in a group for which there is a goal established pursuant to section 6-129 of the New York City Administrative Code must, except with the permission approval of the CCPO, be provided one of following quantitative preferences, as determined by the ACCO:

The point or price preference percentage, if any, shall be included in the RFP.
SECTION 6. SUBDIVISION a OF SECTION 3-08 OF CHAPTER
3 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, and services, and construction from M/WBE vendors, except that in making purchases pursuant to
is drafted so as to accomplish the purpose of the authorizing provisions of law;

ii
is not in conflict with other applicable rules;

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.

Date: September 27, 2019

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 PPB Rules Relating to Bids, Proposals, and Purchases from M/WBEs REFERENCE NUMBER: MOCS-19
RULEMAKING AGENCY: Procurement Policy Board 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:

a Definition. Small purchases are those procurements in value of not more than $100,000 or those procurements made pursuant to subparagraph c1iv below, in value of not more than $150,000
$500,000. This collectively shall be known as the small purchase limit.
Procurements over $100,000 in value that are not made pursuant to subparagraph c1iv below shall not be within the small purchase limit.
SECTION 7. SUBPARAGRAPH iv OF PARAGRAPH 1 OF
SUBDIVISION c OF SECTION 3-08 OF CHAPTER 3 OF TITLE
9 OF THE RULES OF THE CITY OF NEW YORK, IS AMENDED
TO READ AS FOLLOWS:

i
/s/ STEVEN L. GOULDEN
Acting Corporation Counsel
i Ten percent 10%, or such other percentage approved by the CCPO, of the total technical points earned in the evaluation of the proposal; or ii If such proposals score was above a minimum threshold set forth in the RFP for quality on the weighted criteria as established in the solicitation, either a price preference of ten percent 10%, or such other percentage approved by the CCPO, or a point preference of ten percent 10% of the total technical points earned in the evaluation of its proposal, or such other percentage approved by the CCPO, as to be determined by the ACCO.

FRIDAY, OCTOBER 11, 2019

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
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/ Adam Barin Mayors Office of Operations

September 30, 2019
Date
E o11