BILL NUMBER: S7383A
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the New York city charter, in relation to public notice
and comment for certain contracts; and providing for the repeal of such
provisions upon expiration thereof
 
SUMMARY OF PROVISIONS:
Section one of this bill would amend section 326 of the New York City
Charter ("Charter") to provide that, prior to entering into any contract
for goods, services, or construction that is to be awarded pursuant to a
procurement method other than competitive sealed bidding or competitive
sealed bids from prequalified vendors, and that has a dollar value in
excess of a threshold established by the New York City Procurement Poli-
cy Board ("PPB") by rule, the agency shall give notice in the City
Record that comments may be submitted online for a period of time of no
less than seven days, commencing no earlier than the date such notice is
given. In establishing such a threshold, the PPB would be required to
consider factors such as the need for efficiency and transparency in
procurements by the City.
Section two of the bill would require that, no later than September 30,
2025, and annually thereafter, the New York City Mayor's Office of
Contract Services submit a report relating to public notice and comment
pursuant to section 326 of the Charter to specified elected officials.
The report would be required to include the number of contracts for
which public notice and comment was provided pursuant to such section
326 during the previous fiscal year, the dollar value of any such
contract, and whether the threshold established pursuant to such section
326 was modified during the previous fiscal year and if so, the value of
the threshold following such modification.
Section three of the bill would provide that the bill takes effect 180
days after it becomes law, provided that affected City agencies, includ-
ing the PPB, may take any actions necessary to effectuate the provisions
of the act prior to such date, and provided further that section two of
the act shall expire and be deemed repealed on and after October 1,
2030.
 
REASONS FOR SUPPORT:
Procurement plays a central role in the City's ability to deliver goods
and services to New Yorkers, and public participation is an important
part of the procurement process. Under current law, a public hearing is
required for any contract for goods, services or construction to be
awarded by other than competitive sealed bidding or competitive sealed
bids from prequalified vendors, where the value of the contract exceeds
$100,000.
The public hearing requirement in Charter section 326 adds approximately
three weeks to the procurement process for each contract undergoing a
public hearing, and very few contracts actually generate public comment
at the hearings. Allowing members of the public to submit comments
online would encourage higher levels of public participation in the
City's most important procurements, while reducing the overall time
neededto complete the procurement process.
Thus, in an effort to streamline procurement, speed up the City's abili-
ty to deliver for'New Yorkers, and increase access to the public to the
procurement process, this legislation would amend the Charter to provide
for an online public comment period instead of a public hearing. Addi-
tionally, this legislation would give the City's Procurement Policy
Board the ability to determine the threshold value of a contract that
would trigger the online public comment requirement. The current thresh-
old in Charter section 326 has not been modified in over three decades.
Accordingly, the Mayor urges the earliest possible favorable consider-
ation of this proposal by the Legislature.