OFFICE OF CONTRACT SERVICES
WHEREAS, the agencies of the City of New York, in order to exercise their powers, duties, and responsibilities, enter into a variety of contracts with vendors, including private entities, not-for-profit organizations, and other governmental agencies, for the purchase of goods, services, construction, and information technology in excess of several billion dollars each year; and
WHEREAS, to serve the citizenry well, the City must obtain fair prices, high quality and timely delivery of essential goods, services, construction and information technology, while safeguarding the integrity of the procurement process; and
WHEREAS, the City is committed to ensuring that issues related to contracting and invoice payment are resolved in a timely manner and to monitoring the performance of each agency to enhance government service delivery; and
WHEREAS, the consolidation of the City’s policy development and technical oversight functions for procurement, including construction procurement, promotes the effective and efficient fulfillment of these responsibilities, as well as the realization of savings opportunities; and
WHEREAS, the achievement of such effectiveness, efficiency, and savings requires collaboration between and among all of the participants in the procurement process, including line agencies, oversight agencies, and vendors;
NOW, THEREFORE, by the power vested in me as Mayor of the City of New York, it is hereby ordered:
Section 1. Office Continued. The Office of Contract Services, established by Executive Order No. 114, dated April 13, 1988 and continued by Executive Order No. 16, dated August 31, 1990, as amended by Executive Order No. 11, dated July 26, 1994, as renamed and continued by Executive Order No, 48, dated June 17, 2004, and continued by Executive Order No. 121, dated August 11, 2008, as amended by Executive Order No. 137, dated July 15, 2010, is hereby continued and shall be known as the Mayor’s Office of Contract Services (“MOCS”). The Office shall be headed by a director who shall be appointed by the Mayor.
§ 2. Director of the Mayor’s Office of Contract Services.
a. The Director is appointed the City Chief Procurement Officer (“CCPO”) for purposes of the Charter, Administrative Code, and the rules and regulations of the Procurement Policy Board (“PPB”). The Director is further designated to exercise the authority of the Director of the Office of Construction (“ODC”) and the Director of HHS Accelerator (“HHSA”) pursuant to the PPB Rules, and the Director of Citywide Environmental Purchasing (“CEP”) pursuant to § 6-304 of the Administrative Code. Any reference to the title of CCPO, ODC, HHSA, CEP used in any other provision of law, rule, regulation, or executive order, shall be deemed to refer to the Director of the Office of Contract Services.
b. Any reference to the Office of Contracts or to any executive order relating to the Office of Contracts contained in any other laws, regulations or executive orders is deemed to refer to the Mayor’s Office of Contract Services and to this order, respectively.
c. The Director is authorized to:
i. Perform all reviews, make all determinations and give all approvals and certifications to be performed, made, or given by the Mayor pursuant to Chapter 13 and Chapter 14 of the Charter, except that approval authority pursuant to Charter section 317(b) is delegated to the deputy mayor responsible for supervising the contracting agency or office;
ii. Perform all reviews, make all determinations and give all approvals and certifications to be performed, made, or given by the Mayor, as specifically delegated by the Mayor, or the CCPO, pursuant to the rules of the PPB and the rules of the Franchise and Concession Review Committee (“FCRC”), including making recommendations to the PPB and FCRC and designating individuals to serve as clerks to the FCRC pursuant to § 373(b) of the Charter and individuals to serve as clerks to the PPB;
iii. Coordinate and monitor the procurement processes of mayoral agency staff, including Agency Chief Contracting Officers (“ACCOs”) and their staff, and any staff that have responsibility for procurement, which includes franchises, concessions, and revocable consents;
iv. Perform all reviews, make all determinations, and give all approvals pursuant to § 372 of the Charter and other approvals or certifications relating to franchises, concessions, and revocable consents, as may be delegated by the Mayor;
v. execute all authorizations, approvals, and certifications to be made or given by the Mayor pursuant to §§ 384, 824(a), 1802(6)(j) and 1804 of the Charter, and §§ 4-201, 11-424 and 11-424.1 of the Administrative Code, with regard to the acquisitions and dispositions of real property;
vi. perform any function, power or duty of the Mayor relating to the execution of deeds and satisfactions;
vii. Perform any function and make all determinations assigned to the CEP pursuant to Chapter 3 of Title 6 of the Administrative Code, with regard to environmental purchasing, the purchasing of energy efficient products, the reduction of hazardous substances, the use of products with recycled content, and the purchase of green cleaning and other custodial products;
viii. Make all determinations assigned to the CCPO pursuant to § 3-702(18)(c) of the Administrative Code, with regard to the doing business database;
ix. Execute all authorizations, approvals, certifications, and resolutions to be made or given by the Mayor pursuant to § 14(2) of the Urban Development Corporation Act;
x. Perform all functions assigned to the Mayor’s Office of Contract Services pursuant to any other executive order, including but not limited to Executive Order No. 71, dated September 9, 2005; Executive Order 72, dated October 6, 2005; Executive Order 5, dated May 29, 2014; and Executive Order 35, dated September 21, 2023; and
xi. Perform such other functions of the Mayor relating to contracting or procurement as may be delegated by the Mayor.
§ 3. Contracting and Procurement. The Office of Contract Services shall perform the following functions relating to contracting and procurement:
a. Establish policies and procedures necessary to carry out the procurement and contracting functions of mayoral agencies in accordance with applicable laws, rules, and regulations, including but not limited to, implementation of the rules adopted by the PPB;
b. Review departmental and specialized contract guidelines and procedures for conformance with citywide guidelines and regulations;
c. Conduct pre-audit and post-audit reviews of selected contracts to ensure adherence to citywide contracting and procurement procedures;
d. Develop guidelines, as appropriate, for professional qualifications for ACCOs and procurement staff;
e. Pursuant to § 1064 of the Charter:
i. Establish, operate, and maintain computerized procurement and contracting systems and other such systems used by mayoral agencies to carry out procurement and contracting and related functions;
ii. Provide technical and user support to agencies and the public in connection with the use of such systems; and
iii. Establish rules and fees to support the operation, maintenance and usage of such systems;
f. Conduct training programs and provide educational materials in relation to city procurement and contracting for city agencies and for the public, and in collaboration with relevant agencies, promote awareness of city contracting opportunities and understanding of city procurement processes;
g. Coordinate City procurement practices with mayoral agencies and the PPB;
h. Coordinate citywide information on contracts and contractors, establish and maintain centralized bidder/proposer lists for use by City agencies in their contracts and procurements, maintain liaison with ACCOs, and provide technical assistance to agencies on contract and procurement related issues, including but not limited to, prevailing wage compliance, performance evaluation, and other matters pertinent to vendor responsibility determinations; and
i. Inform the Mayor of major policy issues or patterns concerning City contracting and procurement.
§ 4. Financials. The Office of Contract Services shall perform the following functions relating to financial oversight of contracting and procurement:
a. Develop rules, policies, and procedures for contract invoicing and payment, except that any such rule, policy, or procedure shall be superseded by any applicable rule of the procurement policy board or directive of the comptroller;
b. Develop guidance, criteria, directives, and procedures to promote timely payment of contracts;
c. Provide available training and technical support for vendors and agencies; and
d. Provide reporting resources for vendors and agencies to inform financial activities and monitor performance.
§ 5. Franchises, Concessions and Revocable Consents. The Office of Contract Services shall perform the following functions relating to franchises, concessions and revocable consents:
a. Perform reviews, make all determinations, and give all approvals and certifications respecting franchises, concessions, and revocable consents, as directed by the Mayor;
b. Issue guidelines and coordinate the activity of agencies in connection with the procedural requirements for granting of a concession, franchise, or revocable consent, except that any such guideline shall be superseded by any applicable rule of the franchise and concession review committee; and
c. Perform such other functions and duties as may be specifically delegated by the Mayor.
§ 6. Vendor and Risk Management. The Office of Contract Services shall perform the following functions relating to vendor and risk management:
a. Issue guidelines and coordinate the activity of agencies in connection with the review, enrollment, and approval of entities doing business with the City and the performance reviews of such entities; and
b. Support the work and functions of a health and human services vendor compliance cabinet.
§ 7. Rules, Guidelines and Procedures. The Director may promulgate such rules, guidelines, and procedures as may be necessary and appropriate to effectuate the purposes of this order.
a. The Director may delegate to any personnel of the Office of Contract Services the authority to exercise any of the powers and duties set forth in this order, except as otherwise specifically set forth in the rules of the PPB. Any reference to the Director or CCPO in law, rule, or regulation is inclusive of the individuals so designated by the Director, unless explicitly prohibited by the charter or rules of the PPB.
b. The Director may delegate to the ACCO of each mayoral agency the following functions, provided that the Mayor has authorized such delegation when such power has been conferred upon the Mayor by law:
(i) certification pursuant to § 327 of the Charter that the procedural requirements for the solicitation and award of contracts have been met, upon adequate assurance that the agency possesses the capacity to comply with such procedural requirements; and
(ii) Any other approvals or functions of the CCPO required by law, rule or regulation.
c. The Director shall periodically review each ACCO’s performance of the functions delegated. If such performance is found unsatisfactory, the Director may revoke the ACCO’s authority to exercise such function; upon review the Director may resume the exercise of such function.
§ 9. Public Hearings. The Director, and staff of the Office of Contract Services designated by the Director, are authorized to coordinate and, where applicable, hold any public hearings or other proceedings, including required public notice thereof, to be held pursuant to §§ 384, 824(a), 1301(2)(g), 1802(6)(j) and 1804 of the Charter, §§ 4-106(9), 5-358, and 11-424.1 of the Administrative Code, and § 14(2) of the Urban Development Corporation Act.
§ 10. Revocation of Prior Orders. Executive Order No. 38, dated June 11, 1992, as amended by Executive Order No. 121, dated August 11, 2008, Executive Order No. 121, dated August 11, 2008, Executive Order No. 137, dated July 15, 2010, and Executive Order No. 27, dated June 16, 2017, are hereby REVOKED.
§ 11. Effective Date. This order shall take effect immediately and shall remain in effect, notwithstanding the effective date of Local Law 175 of 2025, until revoked or amended by a successive order. This order shall not be construed to delegate any powers vested in the Mayor to the office established under Local Law 175 of 2025 or any other office established pursuant to local law.
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Eric Adams
Mayor