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Int 1019-2015

Amending reporting requirements related to M/WBE participation.

IntroductionEnactedCommittee on Contractsintroduced 2015-12-07Local Law 2016/117

Enacted as Local Law 2016/117.

Official record · Legistar

Agenda: 2015-12-07Passed: 2016-09-28Enacted: 2016-09-28

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.

Committee on ContractsProcurement Policy Board, review of City procurement policies and procedures, oversight over government contracts, Mayor's Office of Contract Services and collection agency contracts.

How it compares

32% of similar bills passed

16 passed · 34 died

This bill: 281 days in committee

Similar bills: median 608 days · 282 days when passed

Sponsors (21)

Lifecycle

IntroducedIntroduced by Council
2015-12-07 · City Council
ActionReferred to Comm by Council
2015-12-07 · City Council
HeardHearing Held by Committee
2015-12-14 · Committee on Contracts
HeldLaid Over by Committee
2015-12-14 · Committee on Contracts
HeardHearing Held by Committee
2015-12-14 · Committee on Women's Issues
HeldLaid Over by Committee
2015-12-14 · Committee on Women's Issues
HeardHearing Held by Committee
2015-12-14 · Committee on Small Business
HeldLaid Over by Committee
2015-12-14 · Committee on Small Business
HeardHearing Held by Committee
2016-09-14 · Committee on Contracts
ActionAmendment Proposed by Comm
2016-09-14 · Committee on Contracts
ActionAmended by Committee
2016-09-14 · Committee on Contracts
AdvancedApproved by Committee
2016-09-14 · Committee on Contracts
AdvancedApproved by Council
2016-09-14 · City Council
ActionSent to Mayor by Council
2016-09-14 · City Council
HeardHearing Held by Mayor
2016-09-28 · Mayor
AdvancedSigned Into Law by Mayor
2016-09-28 · Mayor
ActionRecved from Mayor by Council
2016-09-28 · City Council

Votes (7)

Aye (5)
Peter A. KooChaim M. DeutschCorey D. JohnsonHelen K. RosenthalI. Daneek Miller
Absent (2)
Costa G. ConstantinidesRuben Wills

Heard at (6)

City Council · 2016-09-14 · 1:30 PM · Council Chambers - City Hall
Committee on Contracts · 2016-09-14 · 11:00 AM · Committee Room - City Hall
Committee on Contracts · 2015-12-14 · 1:00 PM · Council Chambers - City Hall
Committee on Small Business · 2015-12-14 · 1:00 PM · Council Chambers - City Hall
Committee on Women's Issues · 2015-12-14 · 1:00 PM · Council Chambers - City Hall
City Council · 2015-12-07 · 1:30 PM · Council Chambers - City Hall

Attachments (18)

Full text
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 1 1