§ 1-06 Responsiveness of Bids / Proposals.
RCNY § 1-06
(a)Policy. The award of concessions shall be made only to bids / proposals received that are responsive to the solicitation, as set forth below.
(1)A bidder/proposer must submit a responsive bid / proposal in order to be considered for award.
(2)The concession manager must make a written determination of responsiveness for every concession award.
(b)Standards.
(c)Written determination of non-responsiveness required. If the bid(s) offering the highest revenue, or in the case of other competitive solicitations, any proposal is found non-responsive, a written determination setting forth in detail and with specificity the reasons for such finding, must be made by the concession manager. A copy of such determination shall be maintained in the Concession File and filed with the Mayor’s Office of Contract Services.
(d)Notice. A copy of the determination of non-responsiveness shall be immediately sent to the non-responsive bidder / proposer. Notice to the non-responsive bidder / proposer must be mailed no later than 2 business days after the determination of non-responsiveness is made and must inform the bidder / proposer of the right to appeal the determination to the Agency Head or designee within 5 days of receipt. The notice shall also contain the following statement: The bidder / proposer shall also send a copy of its appeal to the New York City Comptroller, for informational purposes, at Office of the New York City Comptroller, Office of Contract Administration, 1 Centre Street, New York, New York 10007, (212) 669-2323.
(e)Record. The written determination of responsiveness or non-responsiveness shall be retained in the concession file.
(f)Appeal of determination of non-responsiveness. Appeals of the determination of non-responsiveness shall be made pursuant to the following procedure: (1) Time for appeal. Any bidder/proposer whose bid / proposal is determined to be non-responsive shall be allowed 5 days from receipt of the agency's notification to file a written appeal of that determination with the Agency Head. Receipt of notice by the bidder / proposer shall be deemed to be no later than 5 days from the date of mailing or upon delivery, if delivered. Filing of the appeal shall be accomplished by actual delivery of the appeal document to the office of the Agency Head.
(3)Agency Head determination. The Agency Head shall consider the appeal, and shall make a prompt written decision with respect to the merits of the appeal. The Agency Head may, in his or her sole discretion, meet with the bidder / proposer to discuss the merits of the appeal.
(4)Notification to bidder / proposer of Agency Head decision. A copy of the decision of the Agency Head shall be sent to the bidder / proposer.
(5)Finality of Agency Head decision. The Agency Head's decision of an appeal from a determination of non-responsiveness shall be final.
(6)Stay of award of concession pending Agency Head Decision. Award of the concession shall be stayed pending the rendering of a decision by the Agency Head unless the Agency Head makes a written determination that execution of the concession without delay is necessary to protect substantial City interests.
(7)Delegation. The Agency Head may designate a senior agency official, other than the concession manager or his or her subordinates, to consider this appeal.
(g)Documentation. Documents reflecting the concession manager's determination of non-responsiveness and any appeal and decision with respect to appeal, and evidence of having supplied written notifications as required by this section, shall be maintained in the concession file. A copy of the determinations of the concession manager and the Agency Head shall be forwarded to the Committee. (Amended City Record 10/29/2025, eff. 11/28/2025)
