NYC's Doing Business Contribution Limits: Here Comes Phase 2

When the second phase of NYC’s “doing business” contribution limits goes into effect, likely next month, the limits will apply to an additional category of persons: those employed in a “senior managerial capacity” regarding an entity doing business with the City of New York. This is defined as a “high level supervisory capacity, in which substantial discretion and oversight is exercised over the solicitation, letting or administration of business transactions with the City.” The categories of business transactions that trigger the DB limits will also expand in phase 2. Proposals and bids:

• For contracts, the limits apply to covered persons for at least 12 months from the later of the submission of the bid/proposal or public advertisement. For the winning bidder, coverage may continue afterwards based on status as a City contractor. For contracts awarded pursuant to City Budget appropriations (or member items), coverage begins when the Budget is adopted. Competitive sealed bids, bids/proposals for emergency contacts, and contracts for goods or services below $100,000 in value or construction below $500,000 in value will not trigger coverage.

• For franchises and concessions, the limits apply to covered persons for at least 12 months from submission of the bid or proposal, and would continue for the winner of the franchise or concession thereafter. If the annual value is estimated at less than $100,000 or the concession is to be awarded through competitive sealed bid, the DB limits will not be triggered.

Grants: Grants valued at $100,000 or more trigger the DB limits for one year after the grant is made. Economic Development Agreements: These include tax incentives, payments in lieu of taxes (PILOTS) and financing for development, attraction or retention of business. Coverage runs from submission of application through term of agreement and for one more year thereafter. Excluded are financial incentives given to a person who qualifies by operation of law. Pension Fund Investments: These transactions include both investments in a private equity firm and contracts with investment related consultants. Coverage begins from the earlier of presentation of investment opportunity or the submission of a proposal. It continues for the term of the contract, plus one year thereafter. Next up: Real estate transactions and land use