Section 1: How the City Spends its Money
Section 2: Procurement by Industry
Section 3: Procurement by Method
Section 4: Procurement by Size
Section 5: Top Ten Agencies by Procurement Values
Section 6: Largest Contracts
Section 7: Top Fifteen Largest Requirements Contracts
Section 8: P-Card Purchasing
Section 9: Franchises and Concessions
Section 10: Procurement Impact
Section 12: Preferred Source
Section 14: Prime Contract M/WBE Utilization
Section 15: Agency Prime Contracting Highlights
Section 16: Subcontract M/WBE Utilization
Section 17: Agency Subcontracting Highlights
Section 18: Large-Scale Contract Approvals
Section 19: Waivers, Modifications, and Noncompliance
Section 20: Construction Indicators
Section 22: Change Orders: Cycle Time & Volume
Section 23: 2022 Agency Indicators
Section 24: Glossary
Section 25: Indicators Appendices
The Mayor’s Office of Contract Services (“MOCS”) is responsible for overseeing the New York City procurement process and leading reform initiatives to improve it. With a citywide consensus that the procurement process needs repair, this administration has embarked on an unprecedented effort to directly address the problems of procurement. This has included a collaboration with the Comptroller’s Office and other stakeholders to analyze and make recommendations for fixing the City’s procurement issues as released earlier this year in the Joint Taskforce to Get Nonprofits Paid on Time. While this extraordinary collaboration in the nonprofit space is long overdue, there are many other ways that challenges in procurement continue to impede the City’s operational effectiveness – slow capital procurement delays much needed infrastructure, outdated rules create roadblocks for agency staff, and a complex, non-standardized process makes it difficult for vendors, particularly small nonprofits and minority and/or women-owned business enterprises (“M/WBEs”), to do business with the City.
Our efforts to address these challenges are already paying off. This year we launched the successful “Clear the Backlog” initiative, which brought best practices, strong leadership, and staff-level dedication to help unlock over $4.2 billion for nonprofits. Through sustained focus on updating rules and regulations and continuing to build on the successful rollout of the Procurement and Sourcing Solutions Portal (“PASSPort”), we are now focused on making sure on-time payment is the norm for vendors and we never experience a backlog again. The launch of PASSPort Public, a procurement transparency portal, has ushered in a new era of insight for a system long seen as too opaque. MOCS has also rolled out a new monthly webinar training series to help vendors learn how to use PASSPort and lower barriers to entry.
In short, we are focused on transforming procurement to be equitable, transparent, accountable, and efficient by leveraging expertise, innovation, and a results-oriented mindset. As we continue this mission, I want to thank all our partners within and outside of City government who are working with us as we do the hard, detailed work to fix the underlying problems in City procurement.
The report below offers an in-depth exploration of City procurement in Fiscal Year 2022 (FY22). While the report is based on dry numbers, our experience has shown that there are human stories behind those numbers, and the more we can do to fix procurement, the better off this City will be.
-Lisa M. Flores, Director of MOCS and City Chief Procurement Officer
The procurement system of the City of New York (“NYC” or “The City”) affects almost every aspect of City government and public life. MOCS is dedicated to ensuring that the procurement system is equitable, transparent, and efficient for all. MOCS is an oversight and service agency that provides strategic partnership throughout the citywide procurement process for all mayoral agencies including, but not limited to, planning and releasing of agency solicitations, address procurement inquiries, and assisting in payments to vendors promptly. MOCS is also focused on leading procurement transformation in NYC by optimizing existing operations and transforming procurement processes to make it easier to do business with the City.
City procurement is mainly governed by the New York City Charter and the City’s Procurement Policy Board (“PPB”) Rules and is established to reflect the ideals of fairness, integrity, and value, ultimately promoting the delivery of direct services and goods to New Yorkers while maintaining the City’s infrastructure, securing the operation of City government, and advancing community programs. City procurement offices are responsible for protecting against waste, fraud, corruption, and abuse, as well as ensuring fair competitive access.
They also strive to procure and obtain high-quality goods and services for the best value through publicizing solicitations for review from as many viable bidders as possible. Fostering competition for the City's businesses generates an important source of economic opportunity for thousands of businesses in New York and around the world. In FY22, The City procured nearly $38 billion dollars of goods and services from outside contractors, ranging from nonprofits providing community services, to construction firms, to goods suppliers, in order for City agencies to function optimally and further their missions.
MOCS furthers this mission with the continued implementation and enhancements of PASSPort, a cloud-based software platform that provides a single centralized environment for doing business with the City. You can learn more about PASSPort here, find public reporting on PASSPort data here, and get started doing business with the City here.
In addition to digital procurement, MOCS also partners with City agencies and vendors to identify areas for policy and process reform to reduce administrative burdens, achieve responsible use of tax-payer dollars, and to assure high quality service to all New Yorkers. To further MOCS’ commitment to equitable and transparent procurement, MOCS annually publishes this Citywide Indicators Report that provides citywide insight on Mayoral agencies’ information and procurement data.
The Citywide Indicators Report for Fiscal Year 2022 provides information on the City’s procurement spending from July 1, 2021 to June 30, 2022 and demonstrates the impact of procurement. This includes information on the City’s overall procurement value, City contract actions and City agency specific contract value, across various industries and procurement methods in Fiscal Year 2022. MOCS tracks these key indicators of the performance of the City’s procurement system to measure the City’s success and continuously find opportunities for improvement.
Below is an outline organizing how to use this report:
This report provides a view into what the City buys and how we buy it.
How the City Spends its Money
This section covers transactions that provided direct services to New Yorkers, helped maintain the City's infrastructure, and secured the operation of City government.
This section details how City procurement impacts New York City residents in ways beyond fulfilling agency missions.
Construction Indicators Report
This section details the construction contracts registered in FY22 and highlights the top five City construction agencies.
Agency Indicators Report
This report highlights agency data information by procurement method, industry, and by contract value.
This section defines relevant key City procurement and contract registration terminology.
This section contains the underlying data presented in the Indicators report. Reference to Chapter 1; Section 12 of NYC Charter More details on the report, data, information, and report structure can be found below.
New York City is one of the largest procuring entities in the country. In Fiscal 2022, the City procured $37.9 billion worth of goods and services through around 135,000 transactions. This represents a 25% increase in total dollar value relative to Fiscal 2021 ($30.4 billion). These transactions provided direct services to New Yorkers, helped maintain the City's infrastructure, and secured the operation of City government. The following procurement indicators are citywide in scope and include all Mayoral agencies.
New York City categorizes procurements in six major industry categories: architecture/engineering, goods, construction, human services, professional services, and standardized services. See the Glossary for definitions of each industry. See Appendix B for agency-by-agency breakdowns of procurement by industry.
The Procurement Policy Board (PPB) rules lay out the methods for purchasing new goods and services and the procedures that must be followed to continue or modify existing contracts. See the Glossary for definitions of each procurement method. Agency procurement professionals select the appropriate procurement method based on each Agency's business needs and the City’s procurement rules. See Appendix A for agency-by-agency breakdowns of procurement by method.
Procurement by Method - Fiscal 2022
|New Award Methods||Count||Contract Value|
|Competitive Sealed Bid||505||$4,882,437,800|
|Listing Application (DOE)||36||$219,576,500|
|M/WBE Noncompetitive Small Purchase||811||$110,686,000|
|Request for Proposal||1,515
|Required Source or Procurement Method||150||$903,090,200|
|Continuation Methods||Count||Contract Value|
|Construction Change Order||1,262||$289,462,200|
|Design Change Order||404||$115,308,500|
|Negotiated Acquisition Extension||834||$1,259,695,400|
Procurement actions valued at greater than $3 million represent over 90% of the total value of procurements made in Fiscal 2022. By contrast, purchases for $1,000,000 or less account for less than 5% of the total dollar volume but over 90% of the total number of procurements processed. See Appendix C for year-to-year totals of individual agencies.
Procurement by Size - Fiscal 2022
The ten agencies that procured the highest dollar value of contracts in Fiscal Year 2022 represent over 85% of the total value of City procurements for Fiscal Year 2022.
Citywide Procurement Investment: Top Ten Agencies - Fiscal Year 2022
The 15 largest City contracts by dollar value in Fiscal 2022 account for roughly 40% of procurement in the fiscal year and are cumulatively valued at approximately $15 billion.
Top 15 Contracts by Dollar Value - Fiscal 2022
|1||SBS||NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION||Citywide Economic Development Services 80121S0011-NYCEDC FY22 Master Contract||$1,636,287,422|
|2||DDC||IPC RESILIENCY PARTNERS||EAST SIDE COASTAL RESILENCY FROM MONTGOMERY ST TO EAST 15 ST SANDRESM1||$1,272,221,100|
|3||DOE||NYC SCHOOL BUS UMBRELLA SERVICES INC||To provide school busing services 44600||$890,369,361
|4||DHS||PROJECT RENEWAL INC||Prov. of Shelter Facilities for Homeless SA at 537 W. 59t St||$498,154,047|
|5||SBS||NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION||Citywide Economic Development Services Primarily related to Citywide ED Services Maritime. Intermodal Transportation||$435,317,000|
|6||DHS||HELP SOCIAL SERVICE CORPORATION||Shelter Facilities for Homeless FWC- Logan Fountain Family. Shelter Facilities for Homeless FWC- Logan Fountain Family||$432,342,596|
|7||DHS||BOWERY RESIDENTS' COMMITTEE, INC.||Shelter Facilities for Homeless SA 13-12 Beach Channel Dr.||$384,852,679|
|8||DOT||AMERICAN TRAFFIC SOLUTIONS, INC.||M & O Red Light Camera/Bus Lane Camera & Speed Camera||$367,163,436|
|9||DHS||CARE FOR THE HOMELESS||Prov. of Trans. Shelter Facilit. for Homeless SA Blondell Av Prov. of a Trans. Shelter Facilit. for Homeless SA Blondell||$349,001,558
|10||OTI||WORLD WIDE TECHNOLOGY LLC||Citywide IT Purchasing Contract||$347,237,000
|11||MOCJ||THE LEGAL AID SOCIETY||Criminal Trial Indigent Defense - Citywide FY22-23 Legal Aid Society Renewal #1||$342,162,559|
|12||DHS||Westhab, Inc.||Prov. of Shelt. Facilit. for Homeless Single Ad.- Briarwood||$316,891,854|
|13||DEP||SKANSKA RJ INDUSTRIES HPWWTP JV||HP-238: Construction of new Anaerobic Digester Facilities, 82621B0057-BEDC - HP-238||$309,375,000|
|14||DHS||URBAN RESOURCE INSTITUTE||Shelter Facilities for Homeless FWC at St. Johns Place||$308,494,954|
||Prov. of Shelter Svcs. for Homeless FWC at Queens Blvd.||$278,756,888|
A requirements contract is entered into by a City agency with a vendor that generally agrees to supply the City’s entire need for a particular good or service. Using the contract on an “as-needed” basis allows agencies to acquire goods and services quickly, efficiently, and at a lower cost through volume-based discount pricing.
Top Fifteen Requirements Contracts by Dollar Value - Fiscal 2022
NYC SCHOOL BUS UMBRELLA SERVICES INC
|To provide school busing services 44600||$890,369,361|
|OTI||WORLD WIDE TECHNOLOGY LLC||Citywide IT Purchasing Contract||$347,237,000|
|DOE||LENOVO, INC||DESKTOP, NOTEBOOKS, AND MOBILE COMPUTERS 44831||$142,958,169
|DOE||SDI INC||Supply & Delivery of Mechanics Materials AG 1-7 49186||$ 137,779,985|
|DOE||SAVVAS LEARNING COMPANY LLC||TEXTBOOKS AND ANCILLARY MATERIALS 48083||$126,900,847|
|DOE||PRESIDIO NETWORKED SOLUTIONS GROUP LLC||Instructional Technology Hardware 44969||$109,636,383|
|DCAS||C L CONSULTING AND MANAGEMENT CORP||ASPHALT CEMENT, BULK DELIVERY SCOPE: THE PURPOSE OF THIS CON 85721B0161-ASPHALT CEMENT, BULK DELIVERY||$95,343,790|
|DOE||NTT DATA INC.||Infrastructure build-out services 44968||$80,477,465|
|DOE||RICHMOND COUNTY AMBULANCE SERVICE INC||Ambulance Transportation of Students with Disabilities 41654||$69,970,600
|DCAS||NEW YORK STATE INDUSTRIES FOR THE DISABLED INC||TO ENABLE THE CITY OF NY TO UTILIZE TEMPORARY PERSONNEL NYSID TEMPORARY PERSONNEL SERVICE||$63,514,449
|DCAS||JOCAR ASPHALT LLC||85722B0093-HOT ASPHALT PAVING MIX -BOROUGH: QUEENS (BACK-UP) PROCURE HOT ASPHALT PAVING MIX - NYC BOROUGH: QUEENS||$63,240,588|
|DOE||TERI NICHOLS INSTITUTIONAL FOOD MERCHANTS LLC||Food Distribution Services 48414||$62,255,910|
|DCAS||TILCON NEW YORK INC||AGGREGATES, HOT MIX ASPHALT (HWYS) SCOPE: THE MATERIALS IN T 85721B0160-AGGREGATES, HOT MIX ASPHALT(HWYS)||$59,221,635|
|DCAS||TULLY CONSTRUCTION CO. INC.||85722B0093-HOT ASPHALT PAVING MIX-BOROUGH: QUEENS-(PRIMARY) PROCURE HOT ASPHALT PAVING MIX - NYC BOROUGH: QUEENS||$55,063,048|
|DCAS||UNITED METRO ENERGY CORP||HEATING OIL: BIO-BLEND & BIO-HEAT, BULK DELIVERY PROCURE HEATING / BIO-HEATING OIL||$52,007,000|
The Purchasing Card (P-Card) program is designed to assist agencies in streamlining the process for certain micropurchases. P-Cards are used by agencies to purchase goods and standard services quickly and efficiently, without the intermediate steps required by the City's financial management system.
Citywide P-Card Purchases - Fiscal 2022
Discretionary awards are designated by the New York City Council (City Council) to nonprofit organizations through Schedule C of the City’s budget and throughout the fiscal year in monthly Transparency Resolutions. Each nonprofit that applies for funding is vetted by City Council. In addition, MOCS reviews the eligibility of organizations by checking for prequalification in HHS Accelerator and completion of the Capacity Building Training. Discretionary awards that are not registered by agencies in the current fiscal year may be registered in the next.
Contracts by City Council - Fiscal 2022
|Agency||Total Allocated by Council||Total Cleared||Registered by Agencies||Percent Registered|
The Franchise and Concession Review Committee (FCRC) is responsible for approving certain franchise and concession transactions as provided in the City Charter and the Concession Rules of the City of New York. A franchise allows a private entity to occupy or use City property to provide a public service, such as telecommunications or transportation. A concession allows a private entity to use City-owned property for a private use that serves a public purpose, such as restaurants in a City park, sports and recreational facilities, or pedestrian plazas. Franchises and concessions typically generate revenue for the City.
In Fiscal 2022, City agencies awarded 22 franchises with a projected revenue of $4.6 million and 63 concessions with a projected revenue of $148 million. The 496 operating franchises and concessions, many registered in previous fiscal years, generated approximately $176 million and $45 million in revenue, respectively. For more information on franchises and concessions please visit the franchises and concessions page.
In addition to City agencies using the procurement process to fulfill their respective missions and to maintain their operations, City procurement impacts New York City residents in other ways. Below are examples of how Fiscal 2022 procurements affected environmental, community, and economic developments in New York City.
The City’s Environmentally Preferable Purchasing (EPP) laws were designed to minimize the environmental harm caused by the City in its role as a consumer of goods. This multi-faceted procurement program established environmentally preferable standards to address a host of environmental concerns including energy and water use, air quality, greenhouse gas emissions, hazardous substances, recycled and reused materials, and waste reduction. Pursuant to Local Laws 118, 119, 120, 121 and 123 of 2005, City agencies are required to meet environmentally preferable standards, such as minimum recycled content, when purchasing particular categories of goods and services and through certain construction contracts. All EPP reports required by law can be found in Appendix E.
Environmentally Preferable Purchasing − Fiscal 2022
|Goods: Construction Contracts
|Goods: Direct Purchases
While satisfying the procurement needs of City agencies, the Preferred Source program creates job opportunities for disabled and incarcerated New Yorkers who otherwise might not be able to find work, empowering them with dignity and a sense of purpose. To advance special social and economic goals, all state agencies, political subdivisions, and public benefit corporations are required to purchase approved products and services from preferred sources if their offering meets the agency’s needs. New York State’s Preferred Source requirements were established by Section 162 of the New York State Finance Law. Purchases from preferred sources take precedence over all other sources of supply and do not require competitive procurement methods.
In Fiscal 2022, the City purchased over $259 million of goods and services from New York State preferred source vendors. Local Law 125 of 2013 requires MOCS to report annually on preferred source contract awards made by City agencies, additional details of which are available in Appendix F.
New York is committed to encouraging a competitive and diverse business environment—one that truly reflects the makeup of this City. The Minority and Women-owned Business Enterprises (M/WBE) Program was created to address the disparity between City contract awards to specific ethnic and gender groups and the representation of those groups within the New York City regional market. Overall, the M/WBE Program, led by the citywide M/WBE Director, seeks to increase the contracting opportunities and participation among City-certified M/WBE firms.
In Fiscal 2022, the City awarded approximately $1.4 billion in combined prime and subcontract awards to City-certified M/WBE vendors, an increase relative to Fiscal 2021 ($1.2 billion). This represents a combined M/WBE utilization rate of 22.9% among contracts subject to the City’s M/WBE Program.1, 2 This signifies a decrease from the 25.3% combined utilization achieved in Fiscal 2021. The City continues to diligently work and partner with our City-certified M/WBE firms to help alleviate market disparities and provide necessary goods and services across the City.
Combined Prime and Subcontract M/WBE Total Award Values Over Time
1 Section 6-129 of the New York City Administrative Code establishes Citywide participation goals for M/WBEs for standardized, professional, and construction services contracts, regardless of value, and for goods contracts valued under $1 million. These may include subcontract awards made on prime contracts awarded prior to July 1, 2013 that are not subject to the law.return to text
2 Under Section 6-129(q) of the New York City Administrative Code (NYC Admin. Code), agencies are not required to set participation goals on the following types of contracts: (1) those subject to federal or state funding requirements which preclude the City from imposing goals; (2) those subject to federal or state law participation requirements for M/WBEs, disadvantaged business enterprises, and/or emerging business enterprises; (3) contracts between agencies; (4) procurements made through the United States General Services Administration or another federal agency, or through the New York State Office of General Services or another state agency, or any other governmental agency; (5) emergency procurements; (6) sole source procurements; (7) contracts for human services; and (8) contracts awarded to nonprofit organizations.return to text
In Fiscal 2022, M/WBE prime contract awards subject to the Program represented 16% of the applicable prime contract universe, compared to 21% in Fiscal 2021. As the table below demonstrates, M/WBEs were awarded approximately $934 million in prime contracts in Fiscal 20221. For additional details on the information presented in this table2, please refer to Appendix G.
|Industry / Size||Total M/WBE||Total Subject to Program||Percent of Total Value|
|Count||Contract Value||Count||Contract Value|
P-Card purchases were not included in Fiscal 2022 prime contract award count, but were instead counted separately.return to table
Purchases for goods and most services over $20,000 up to $500,000 made utilizing the M/WBE Noncompetitive Small Purchase Method which was codified under Section 3-08 of the PPB Rules in November 2019 are also reflected within this table.return to table
Micropurchase is a purchase with a value of $20,000 or less for goods and most services or $35,000 or less for construction services. For more details on micropurchase limits, please refer to Section 3-08 of the rules of the Procurement Policy Board.return to table
Small purchase is a purchase with a value between the micropurchase limits up to $100,000. For more details on small purchase limits please refer to Section 3-08 of the rules of the Procurement Policy Board.return to table
The City continues to make every effort to increase contracting opportunities for the M/WBE community. Certain agencies have distinguished themselves in this regard during Fiscal 2022. In particular, the Department of Design and Construction (DDC) awarded nearly $316 million to M/WBE prime contractors this past fiscal year, which significantly contributed to the City's efforts to award prime contracts to M/WBE firms. The Department of Parks and Recreation (DPR) and the Department of Environmental Protection (DEP) awarded nearly $198 million and $80 million, respectively, during Fiscal 2022, also contributing to the City's overall efforts and utilization of M/WBEs.
Prime Awards to M/WBEs: Top 3 Agencies - Fiscal 2022
Many M/WBEs use subcontracting opportunities as a point of entry into City contracting. With this in mind, M/WBE subcontracting participation goals are set as material terms on applicable prime contracts to ensure access to City work. The participation goals are set in relation to the scope of work required by the contract and the availability of M/WBEs that are able to perform the work.
As the table below shows, during Fiscal 2022 approximately $466 million were awarded to M/WBEs in subcontracts for standardized, professional, and construction services. These subcontracts were all awarded in Fiscal 2022 regardless of when the prime contract was registered. The subcontracts, distributed among the M/WBE groups, represent 51% of all such qualifying subcontracts awarded. This represents a stable subcontract utilization similar to 59% in Fiscal 2021. For additional details regarding information presented in the table below, please refer to Appendix I.
||Total M/WBE||Total Subcontracts on Primes Subject to Program||Percent of Total Value|
|Count||Sub Contract Value||Count||Subcontract Value|
As was the case in Fiscal 2021, DDC accounted for a significant portion of subcontracts awarded to M/WBEs during the reporting period. DDC's $200 million in M/WBE subcontract awards were more than any other agency. DEP and DOT rounded out the top three agencies with approximately $87.5 million and $69 million in subcontract awards, respectively.
Subcontracting Awards to M/WBEs: Top Three Agencies - Fiscal 2022
Pursuant to LL1, City agencies are required to obtain approval by the City Chief Procurement Officer (CCPO) before soliciting procurements anticipated to be valued at more than $10 million.1 The CCPO is required to review the procurements in order to evaluate whether it is practicable to divide the proposed contracts into smaller contracts, and whether doing so will enhance competition among M/WBEs. A full list of these determinations is included in Appendix J.
Large-Scale Contract Approvals2
|Basis for Determination||Count of Basis for Determination
||Sum of Contract Value|
|Single Indivisible Project||10||$198,015,885|
|Unique/Unusual Good or Service||3||$243,918,848|
1Under Section §6-129(h)(2)(e) of the NYC Admin. Code, agencies are not required to obtain CCPO approval for capital projects valued over $25 million and contracts excluded under Section 6-129(q) of the NYC Admin. Code.return to table
2Approvals that occurred in Fiscal 2022 but have not yet resulted in the release of any solicitation are reported only after the contract is awarded in order to protect the integrity of the bidding/proposal process.return to table
Waivers may be granted during the solicitation stage for contracts that have M/WBE participation goals. Vendors are eligible to receive a full or partial waiver on a prime contract upon sufficiently demonstrating that the M/WBE goal should be reduced. Vendors filed a total of 91 requests for waivers in Fiscal 2022. Of those, 30 were denied, 7 were approved as full waivers, and 54 were approved as partial waivers. Of the 61 waivers that were approved in the fiscal year, six were associated with a registered contract award within Fiscal 2022. An additional five contracts were registered in Fiscal 2022 in which waivers were approved during previous fiscal years. Waiver determinations are further detailed in Appendix K.
There were two findings of noncompliance and two modifications determined during the reporting period.
The first noncompliance matter involved a Department of Parks and Recreation (“DPR”) contract for the reconstruction of a playground. While the prime contractor was able to utilize M/WBE subcontractors for all scopes of work they identified in their initial utilization plan, they were unable to meet the original goal due to the reduction of tree work and fencing which had originally been anticipated toward the end of the project. After the agency’s substantial completion inspection DPR determined that a sizable portion of tree work and fencing was not necessary. Since the overall work was substantially completed, there were no additional opportunities for the contractor to make up the shortfall in the M/WBE participation goal. Given that the contractor’s inability to meet the goal was caused by DPR’s scope reductions, DPR did not pursue enforcement actions against the vendor but issued a formal letter of noncompliance.
The second noncompliance matter involved a Department of Design and Construction (“DDC”) contract for the installation of distribution water mains and appurtenances. While the vendor agreed to meet the original 10% goal by subcontracting several scopes of work to M/WBE firms, they ultimately only utilized M/WBEs for one scope, falling short of the actual goal. Upon review DDC determined that the original 10% goal may have been miscalculated and was likely overestimated. Due to the overestimation of the original goal, DDC determined that the 10% was unachievable and issued a letter of noncompliance in lieu of pursuing an enforcement action.
The first modification determination involved a DoITT contract for events production services, managed by the Mayor’s Office of Media and Entertainment (MOME). The prime contractor agreed to meet a 30% M/WBE participation goal, subcontracting various services needed for live performance events. Due to the onset of COVID statewide restrictions that mandated the closure orscaling back of performance sizes meant that the vendor was unable to produce the planned large events and had to pivot to smaller scale events to comply with COVID restrictions. Despite this, the vendor made additional efforts to include minority- and women-led not-for-profit organizations where feasible, encouraged an eligible firm to become City-certified and employed a diverse group of temporary workers for its portion of the City Cleanup Corps initiative. Based on the vendor’s good faith efforts to find additional M/WBE subcontractors, MOCS approved the modification request.
The second modification determination involved a contract managed by DDC on behalf of the DEP for the construction of Right-of-Way Green Infrastructure in Brooklyn. The prime contractor initially agreed to meet the 24% goal by subcontracting multiple scopes including landscaping and trucking/disposal to M/WBEs. Prior to the start of the project, changes to the scope required significantly less landscaping that impacted the contractor’s original plan to meet the goal. However, the contractor continued to make good faith efforts and identified M/WBE subcontractors for additional scopes in order to make up the shortfall. While the value of the additional scopes did not make up the deficit in meeting the overall goal, MOCS acknowledged the vendor’s good faith efforts and granted them a modified goal.
There were no formal complaints made during the reporting period.
The chart below details the construction contracts registered in Fiscal 2022 and highlights the top five City construction agencies. Click the dropdown below for details about Project Labor Agreements, the Apprenticeship Program Directive, and construction change orders.
A Project Labor Agreement (“PLA”) is a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for applicable construction projects. Since 2009, the City and the Building and Construction Trades Council of Greater New York and Vicinity have entered into PLAs for certain renovation and rehabilitation of City-owned buildings and structures, as well as certain specified new construction projects. The PLAs create direct labor cost savings, ensure a reliable source of skilled and experienced labor, permit flexibility in work schedules, and avoid many potential causes of project delays, such as labor strikes which are prohibited by PLAs. The PLAs also contain unique provisions to help small, M/WBE construction firms. All prime contractors and subcontractors on projects subject to a PLA must agree to the terms of the PLA by signing a Letter of Assent prior to award of the project. In Fiscal 2022, approximately 36% of all construction contracts (by dollar value) were subject to a PLA.
The Apprenticeship Program Directive requires that certain construction and construction related maintenance contractors have apprenticeship agreements appropriate for the type and scope of work to be performed that have been registered with, and approved by, the New York State Department of Labor. This requirement expands the pool of work available to graduates of state approved apprenticeship programs, provides ready sources of trained workers to City construction contracts, reduces turnover, and provides clear pathways to stable careers in the construction industry. The Apprenticeship Program Directive applies to individual construction contracts and construction-related maintenance prime contracts valued in excess of $3 million (and subcontracts on such projects valued at or above $2 million) that use apprenticeable construction-related trade classifications. In Fiscal 2022, approximately 51% of all construction contracts (by dollar value) were subject to the Apprenticeship Program Directive.
||Project Labor Agreement (PLA)
||Apprenticeship Program Directive
|Count||Contract Value||Count||Contract Value||Count||Contract Value|
Change orders are agency-authorized, written documents that allow for modifications of a contract while the contract is being performed. Change orders are used to adjust the value of the contract or the time for performance, and are classified as either construction change orders or design change orders depending on the subject matter of a particular change order. Change orders allow the vendor to complete work included in the scope of the contract. They also allow the agency to make non-material changes to the scope, such as accounting for site conditions that were unknown at the time of contracting.
Construction Change Order (CCO) Processing - Fiscal 2022
||Count||Original Contract Value||CCO Contract Value||CCO Contract % in 2022||Days Processing in 2022|
Design Change Order (DCO) Processing - Fiscal 2022
||Count||Original Contract Value||DCO Contract Value||DCO Contract % in 2022||Days Processing in 2022|
Please select an agency below to see a breakdown of their FY22 procurement by method, by industry, and by size.
Agency Indicators 2022: Administration for Children's Services (ACS)
Agency Indicators 2022: Business Integrity Commission (BIC)
Agency Indicators 2022: Commission on Human Rights (CCHR)
Agency Indicators 2022: Civilian Complaint Review Board (CCRB)
Agency Indicators 2022: Department of Consumer Affairs (DCA)
Agency Indicators 2022: Department of Citywide Administrative Services (DCAS)
Agency Indicators 2022: Department of Cultural Affairs (DCLA)
Agency Indicators 2022: Department of City Planning (DCP)
Agency Indicators 2022: Department of Design and Construction (DDC)
Agency Indicators 2022: Department of Environmental Protection (DEP)
Agency Indicators 2022: Department for the Aging (DFTA)
Agency Indicators 2022: Department of Homeless Services (DHS)
Agency Indicators 2022: Department of Buildings (DOB)
Agency Indicators 2022: Department of Correction (DOC)
Agency Indicators 2022: Department of Education (DOE)
Agency Indicators 2022: Department of Finance (DOF)
Agency Indicators 2022: Department of Health and Mental Hygiene (DOHMH)
Agency Indicators 2022: Department of Investigation (DOI)
Agency Indicators 2022: Department of Probation (DOP)
Agency Indicators 2022: Department of Records & Information Services (DORIS)
Agency Indicators 2022: Department of Transportation (DOT)
Agency Indicators 2022: Department of Parks and Recreation (DPR)
Agency Indicators 2022: Department of Sanitation (DSNY)
Agency Indicators 2022: Department of Youth & Community Development (DYCD)
Agency Indicators 2022: Fire Department of the City of New York (FDNY)
Agency Indicators 2022: Department of Housing Preservation and Development (HPD)
Agency Indicators 2022: Human Resources Administration (HRA)
Agency Indicators 2022: Law Department (Law)
Agency Indicators 2022: Landmarks Preservation Commission (LPC)
Agency Indicators 2022: Mayor's Office of Criminal Justice (MOCJ)
Agency Indicators 2022: New York City Emergency Management (NYCEM)
Agency Indicators 2022: New York City Police Department (NYPD)
Agency Indicators 2022: Office of Administrative Trials & Hearings (OATH)
Agency Indicators 2022: Office of Technology & Innovation (OTI)
Agency Indicators 2022: Department of Small Business Services (SBS)
Agency Indicators 2022: Taxi & Limousine Commission (TLC)
The glossary which can be found here, defines relevant key City procurement and contract registration terminology.
Fiscal 2022 Agency Procurement Indicators Report Appendices can be found here.