§ 1-17 Registration With the Comptroller.
RCNY § 1-17
(a)Definition. Registration of concession agreements is the process through which the Comptroller: (1) Maintains a registry of City concession agreements; (2) Presents objections if, in the Comptroller's judgment, there is sufficient reason to believe that there is possible corruption in the letting of the concession or that the proposed concessionaire is involved in corrupt activity; and (3) Tracks City revenues and expenditures associated with the concession agreements.
(b)No concession agreement executed pursuant to the New York City Charter or other law shall be effective until: (1) A copy of the executed concession agreement and other documentation as described in (c) below have been filed with the Comptroller; and (2) The Comptroller has registered the concession agreement or 30 days have elapsed from the date of filing, during which the Comptroller has neither raised an objection pursuant to subdivision (f) below nor refused to register the concession agreement pursuant to subdivision (e) below.
(c)The following documentation shall be submitted for every concession agreement: (1) A copy of the original executed concession agreement; (2) An advice of award for revenue agreements containing: (i) The name, address, telephone number and federal taxpayer's identification number of the concessionaire and the location of the concession site; (ii) The term, annual minimum fees and percentages of the gross receipts stated in the concession agreement; (iii) The name and/or code of the agency that awarded the concession and the concession agreement number; (iv) The manner in which the concessionaire was selected, including whether the concessionaire was selected through public letting and if so, whether the concessionaire was the highest responsible bidder; whether the concessionaire was selected through a request for proposal procedure, and if so, whether the concessionaire was the highest responsible bidder; whether the concessionaire was selected through a request for proposal procedure, and if so, whether the concessionaire response to the request offered the highest price option; or whether the concessionaire was selected without competition or as a sole source; (v) The number of responses to an invitation to bid or request for proposals (excluding a response to an invitation to bid or request for proposals (excluding a response of "no bid" or "no proposal")); (vi) An indication whether the concessionaire is a not-for-profit organization; (vii) An indication whether the concessionaire has been certified as a woman-owned or minority-owned business enterprise as such entities are defined in Section 1304 of the Charter; (viii) Any other information for accounting purposes requested by the Comptroller; and (ix) Any other information for other than accounting purposes requested by the Comptroller and approved by the Committee, or required by law.
(3)Copies of any related written statements, determinations and reports required by the rules of the Committee specific to the concession agreement being registered; (4) Copies of any approvals of major concessions by the City Council and City Planning Commission; (5) Copies of any approvals of concessions by the Committee including the date of approval and agenda number; (6) Copies of all required PASSPort Questionnaires (See 12 RCNY § 1-11(m)(5)). This requirement will remain in effect until such time as such information is available on line by computer to the Comptroller prior to registration; (7) Certificates by Corporation Counsel pursuant to § 327(b) and § 394(b) of the Chapter; (8) Documentation of notification to each affected Community Board(s) and Borough President(s), if applicable (see 12 RCNY §§ 1-11(a)(2) and 1-12(a)(2)); and (9) For bids, the number of responses and the prices received for each bid that was opened; for convenience, the agency may supply a copy of its bid tabulation sheets. For proposals, the number of proposals received, overall technical rating of each proposal, and the proposed price for each proposal that was opened.
(d)The date of filing pursuant to Section 328 of the Charter shall be the date by which all materials required in subdivision (c) above have been delivered to the Comptroller. Following such date of filing, any question by the Comptroller regarding any such materials shall be responded to by the agency forthwith.
(e)Refusal of the Comptroller to register the concession agreement.
(1)The Comptroller may refuse to register a concession agreement if: (i) The Comptroller has not received a copy of the concession agreement and related materials required by these rules; or (ii) The Concessionaire has been suspended or debarred from doing business with the City.
(2)Procedure. Upon making a determination that there is a basis for refusing to register the concession agreement, the Comptroller shall promptly notify the agency Concession Manager in writing of the determination and return the concession agreement to the Concession Manager.
(f)Comptroller objections to concession agreement registration.
(4)After the Mayor has responded to the Comptroller's objections, the Mayor may require registration of the concession agreement despite the Comptroller's objections. Such response by the Mayor shall not serve as the basis for future objection by the Comptroller, who shall register the concession agreement within 10 days of the receipt of the Mayor's response.
(g)Registration is not approval. Registration of a concession agreement by the Comptroller shall not constitute an approval of the concession as awarded, nor shall it preclude future audits of or objections to the concession agreement.
(h)Applicability. Unless otherwise provided by the Charter or these Rules, all concession agreements, amendments, modifications, time extensions, and permits, shall be presented to the Comptroller for registration. (Amended City Record 10/29/2025, eff. 11/28/2025)
