§ 1-14 Negotiated Concessions.
RCNY § 1-14
(a)Policy. Agencies may award negotiated concessions under the circumstances and subject to the conditions set forth in this section.
(b)Procedures.
(1)Preliminary Discussions. An agency may engage in preliminary discussions with a potential concessionaire to explore the feasibility of a proposed concession. Discussions are not negotiations for the selection of a concessionaire.
(2)The concession manager shall justify the award of a negotiated concession by making a determination that it is not practicable and/or advantageous to award a concession by competitive sealed bidding or competitive sealed proposals due to the existence of a time-sensitive situation where a concession must be awarded quickly because: (i) an agency has an opportunity to obtain significant revenues that would be lost or substantially diminished should the agency be required to solicit the concession by competitive sealed bids or competitive sealed proposals, provided, however, that revenue shall not be considered "substantially diminished" where the diminishment is only to the present value of the revenue because of the additional time needed to solicit competitive sealed bids or competitive sealed proposals; (ii) or an existing concessionaire has been terminated, has defaulted, has withdrawn from, or has repudiated a concession agreement, or has become otherwise unavailable; (iii) or an agency has decided, for unanticipated reasons, not to renew an existing concession in the best interest of the City and the agency requires a substitute or successor concessionaire.
(3)The CCPO shall approve the use of the negotiated concession method for a particular concession or for a particular type of concession prior to the agency's conduct of negotiations with potential concessionaires. The CCPO shall state the reasons that permitting the use of such method serves the best interests of the City and shall provide a copy of this determination and of the request by the concession manager to the members of the Committee within 5 days of its issuance.
(4)The agency shall negotiate with all qualified potential concessionaires that have expressed interest unless the concession manager determines for a particular concession or for a particular type of concession that it is in the City's best interest to negotiate with fewer potential concessionaires, and the CCPO approves such determination.
(5)The concession manager shall maintain a written record of the conduct of negotiations and the basis for every determination to continue or suspend negotiations with each potential concessionaire.
(6)The concession manager shall make a determination that award of the concession is in the best interest of the City and the basis thereof.
(c)Public Notice of Intent to Enter into Negotiations.
(d)Recommendation of award.
(e)Award and processing. Once the agency has identified a proposed concessionaire pursuant to the procedures set forth in this Section, the agency may proceed to award the concession, provided, however, that the agency shall submit the concession agreement it proposes to enter into with respect to any negotiated concession for prior approval by the Committee, together with the completed PASSPort questionnaires when the concession has a value that when aggregated with the value of all other City concessions, franchises and contracts held by the same concessionaire is valued at $100,000 or more. Significant concession agreements shall be subject to the public hearing requirements set forth in 12 RCNY § 1-13(q). Notwithstanding the foregoing, the Committee need not review awards of negotiated concessions that are not subject to renewal and have a term of less than 30 days.
(f)Certain DCAS concessions. Notwithstanding the provisions of subdivision (b) of this Section, the Department of Citywide Administrative Services ("DCAS") may award certain concessions, as set forth below, pursuant to this Section, upon compliance with subdivisions (c), (d), and (e) of this Section. A concession subject to this subdivision (f) is a concession to be awarded by DCAS to an owner of property that is adjacent to the concession property, or to a business located on such adjacent property, where DCAS has made a determination that it is not in the best interest of the City to award the concession pursuant to a competitive process because of the layout or some other characteristic of the property, or because of some unique service that can be performed only by the proposed concessionaire.
(g)Accessibility.
