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INTRODUCTION - New York City

INTRODUCTION The underlying purposes of these Rules are to simplify, clarify and modernize the law governing procurement by the city of New york ; to permit the continued development of procurement policies and practices; to make as consistent as possible the uniform application of these policies throughout New york city agencies; to provide for increased public confidence in New york city 's public procurement procedures; to ensure the fair and equitable treatment of all persons who deal with the procurement system of the city of New york ; to provide for increased efficiency, economy, and flexibility in city procurement activities and to maximize to the fullest extent the purchasing power of the city ; to foster effective broad-based competition from all segments of the vendor community; including small businesses, minority and women-owned and operated enterprises; to safeguard the integrity of the procurement system and protect against corruption, waste, fraud, and abuse; to ensure appropriate public access to contracting information, and to fost

INTRODUCTION The underlying purposes of these Rules are to simplify, clarify and modernize the law governing procurement by the City of New York; to permit the continued development of

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Transcription of INTRODUCTION - New York City

1 INTRODUCTION The underlying purposes of these Rules are to simplify, clarify and modernize the law governing procurement by the city of New york ; to permit the continued development of procurement policies and practices; to make as consistent as possible the uniform application of these policies throughout New york city agencies; to provide for increased public confidence in New york city 's public procurement procedures; to ensure the fair and equitable treatment of all persons who deal with the procurement system of the city of New york ; to provide for increased efficiency, economy, and flexibility in city procurement activities and to maximize to the fullest extent the purchasing power of the city ; to foster effective broad-based competition from all segments of the vendor community; including small businesses, minority and women-owned and operated enterprises; to safeguard the integrity of the procurement system and protect against corruption, waste, fraud, and abuse; to ensure appropriate public access to contracting information, and to foster equal employment opportunities in the policies and practices of contractors and subcontractors wishing to do business with the city .

2 This copy of the Rules, while not official, is, to the best of our knowledge, complete and accurate at the time of its printing. For an electronic version of the Rules, proposed and final rule amendments since the publication date, please see the Procurement Policy Board's webpage on the New york city website at TABLE OF CONTENTS CHAPTER 1 GENERAL PROVISIONS Section 1-01 USE OF LANGUAGE IN THESE RULES (a) Singular-Plural and Gender Rules 1 (b) Titles 1 (c) Listing(s)

3 Not Indicative of Order of Preference 1 (d) Meanings 1 (e) Definitions 1 Section 1-02 APPLICABILITY OF PPB RULES (a) General Applicability 13 (b) Procurement by Independently Elected Officials 13 (c) Procurement by Other Public Entities 13 (d) Procurement Requirements Prescribed by Entities External to the city or other Applicable Law 13 (e) Procurements Funded by Line Item Appropriations or Discretionary Funds 13 (f)

4 Transactions Not Subject to These Rules 14 (g) Severability 14 (h) Ratification of Minor Rules Violations 14 (i) General Delegability of Authority 15 Section 1-03 POLICY STATEMENTS (a) Ethics 16 (b) Economic and Financial Opportunity 17 (c) Equal Employment Opportunity 17 Section 1-04 CONTRACT INFORMATION (a) Agency Contract Files 17 (b)

5 Electronic Documents and Signatures 17 (c) Retention of Contract Files 17 (d) Requests by Elected Officials for Contract Documentation 18 (e) Central Contract Registry 18 CHAPTER 2 PROCUREMENT PROCESS Section 2-01 DECISION TO PROCURE TECHNICAL, CONSULTANT, OR PERSONAL SERVICES 19 Section 2-02 PRESOLICITATION REVIEW (a) Definition 19 (b) Policy 19 (c)

6 Categorical Review 20 (d) Report 20 Section 2-03 COST REIMBURSEMENT CONTRACTS 20 Section 2-04 MULTI-TERM CONTRACTS (CLIENT SERVICES) (a) Definitions 21 (b) Policy 21 (c) Planning 21 (d) Determination and Approvals 22 (e) Permitted Length of Contract Terms 23 Section 2-05 SPECIFICATIONS (a)

7 Policy 24 (b) Authority to Contract for Drafting of Specifications 24 (c) Brand Name Specifications 25 Section 2-06 PRICE/COST ANALYSIS 25 Section 2-07 RESPONSIVENESS OF BIDS/PROPOSALS (a) Policy 25 (b) Determination of Non-Responsiveness 25 (c) Standards 26 (d) Rejection of Bids or Proposals 26 (e)

8 Appeal 27 Section 2-08 VENDOR RESPONSIBILITY AND APPEAL OF DETERMINATION OF NON-RESPONSIBILITY (a) Policy 27 (b) General Standards 28 (c) Special Standards 28 (d) Ability To Meet Standards 29 (e) VENDEX Questionnaire 29 (f) Department of Investigation and Administrative Fee 34 (g) Making the Responsibility Determination 35 (h) Determination of Non-Responsibility Required 36 (i)

9 Determination of Non-Responsibility 36 (j) Notice 36 (k) Appeal to Agency Head 37 (l) Stay of Award of Contract Pending Agency Head Decision 37 (m) Appeal to Mayor 38 (n) Stay of Award of Contract Pending Decision By Mayor or His Designee 38 (o) Documentation 38 (p) Rehabilitation of Vendors 39 Section 2-09 RECOMMENDATION FOR AWARD (a) Policy 41 (b)

10 Content 41 Section 2-10 VENDOR PROTEST (a) Protests


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