Rules Committee forwards ordinance easing purchase rules for data and content subscriptions

The Board of Supervisors Rules Committee on Monday voted to send to the full board with a positive recommendation an ordinance that would permit city departments to buy certain data and content subscriptions without following some solicitation and contracting provisions in the municipal code.

Molly Peterson, who leads the government operations team in the Office of the City Administrator, told the committee the measure is narrowly tailored to “data and content subscriptions” where the city is the recipient of data and not uploading or sharing city data with vendors. Peterson said the current contracting framework, written in the 1990s, imposes a “one size fits all” long-form contract process that can delay low-dollar, standardized subscriptions and leave public services — such as San Francisco Public Library offerings — relying on outdated paper manuals.

The ordinance would exempt these purchases from certain solicitation requirements and some standard contractor obligations so departments can negotiate vendor terms appropriate to subscription products. Peterson said the exemption is limited to instances “where the city is downloading or receiving data” and does not cover situations that require broader protections when the city provides or uploads city data.

Supervisor Mahmood, who introduced the legislation, said the measure is intended to modernize procurement so departments can secure digital services used in everyday professional and public life. “We have to do what we can to make government work smarter, work more efficiently, and provide the data and the software that we are used to providing in the private sector,” Mahmood said, adding that some departments have been delayed “for months every year” under the existing rules.

Committee members asked about nonprofit compliance and whether easing requirements for this category could be expanded. Vice Chair Steven Sherrill asked why the change is being proposed now amid increased scrutiny of procurement; Peterson replied the proposal targets low-risk purchases and that the government operations team is also working on separate steps to help nonprofits navigate procurement rules.

President Mandelmann said the committee must balance social policy priorities with the practical reality that many vendors will not negotiate bespoke contract terms for standardized subscription products. “I think it is important that we have these data contracts,” Mandelmann said, and offered to cosponsor the ordinance.

There were no public speakers on the item. President Mandelmann moved to forward the ordinance to the full board with a positive recommendation; the motion passed without objection with recorded ayes from Vice Chair Sherrill, Member Mandelmann and Chair Walton.

The committee packet notes the current contracting process often creates lengthy 20- to 30-page contracts that vendors supplying commonly used online subscriptions are unwilling to negotiate for a single jurisdiction. The packet also states the change would not apply when the city is uploading or sharing its own data with a vendor, which would require fuller contractual protections. Items acted upon at this meeting were expected to appear on the Board of Supervisors agenda on 04/22/2025.