What the ballot question will say
Reduce paperwork for City contractors by authorizing Procurement Policy Board to simplify contractor questionnaire. Require quarterly meetings of the Procurement Policy Board. Remove mandatory hearing for required client services report. “Yes” amends Procurement Policy Board authority, including to simplify contractor questionnaire; authorizes Mayor to delegate certain contract approvals. “No” leaves laws unchanged, with Mayor and Comptroller maintaining longer questionnaire.
What the proposal does
It makes several changes to how the City buys goods and services, and how it awards contracts to businesses and nonprofits.
- Eliminate the law that sets what questions city vendors must be asked when they apply to be vendors. Instead, let the administration’s Procurement Policy Board (PPB) decide which questions vendors must answer, with different questionnaires for different types of contracts or industries.
- Allow top city agency officials to approve contracts over $5 million that are not awarded through competitive bidding, rather than requiring the mayor to approve them.
- Require the Procurement Policy Board, the five-member body (three mayoral, two comptroller appointees) that writes the City’s procurement rules, to meet at least once every three months.
- Replace public hearings on contracts over $100,000 with public comment periods, making permanent a change that state law currently allows through 2030. Starting in 2030, the PPB could change the dollar threshold for contracts subject to a comment period.
- Eliminate the requirement that agencies contracting social services publish a draft of a “client services plan” and hold a hearing on the draft, before publishing the final plan each year.
Our position
The city’s procurement system is notoriously complex: it takes too long to purchase goods and services, and even longer to pay social service nonprofits that provide city-funded services. These proposals will not overhaul the system, but they could improve it at the margins by allowing city agencies to get money out the door faster and reducing staff time dedicated to sparsely attended hearings.
But there are risks. Specifically, we are concerned about the plan to give the administration, through the Procurement Policy Board, the authority to rewrite the questionnaire that new vendors must submit. The current questionnaire, whose exact questions are set by law, is long and burdensome and applies equally to all vendors, whether a major bank or a food stand. However, some questions help ensure vendor integrity, prevent corruption, or hold vendors accountable after potential violations. Officials at the Mayor’s Office of Contract Services (MOCS) assured Citizens Union that the agency shares our concern about vendor integrity and said it would work with other oversight agencies when developing the new questionnaire. If this measure passes, the Department of Investigation must be involved in this effort.