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What is NYC RCNY § 2-02?

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(a) Definition. A presolicitation review is the process by which an agency, after determining the necessity of the procurement and the need to contract out, defines the existing market for the goods, services, or construction required, estimates the expected cost, and determines the most appropriate method of procureme

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Effective: 5/17/2024Last amended: 5/17/2024

§ 2-02 Presolicitation Review.

RCNY § 2-02

(a)Definition. A presolicitation review is the process by which an agency, after determining the necessity of the procurement and the need to contract out, defines the existing market for the goods, services, or construction required, estimates the expected cost, and determines the most appropriate method of procurement.

(b)Policy. Agencies shall perform a presolicitation review for: (1) sole source procurements exceeding the micropurchase limit set forth in 9 RCNY § 3-08(c)(1)(ii), and (2) all other procurements exceeding the small purchase limits, except emergency procurements.

(c)Categorical review. The ACCO may determine that a single presolicitation review be conducted for a particular category of contracts. Such determinations shall be reevaluated at least every two years.

(d)Report. The presolicitation review shall be incorporated within a report that shall be approved by the ACCO and shall include: (1) a description of the goods, services, or construction to be procured; (2) a statement of need for the procurement in light of the agency's programmatic responsibilities; (3) a statement of the date or time period required for delivery or completion, and an estimate of the length of time the proposed contract will remain in effect, including any renewals or extensions being considered; (4) a statement of the basis for the decision to contract out for services (if applicable); (5) a statement addressing the anticipated level of competition, based on agency staff knowledge of the market, and any surveys performed, as appropriate; (6) an estimate of the cost of the proposed contract, and a certification that sufficient funds are available or anticipated to be available when the contract is executed; (7) a statement of the method of source selection planned, together with all determinations and findings required pursuant to the rules governing that method of source selection; and (8) if life cycle costing, value analysis, or other technique is used, the result of such analysis. (Amended City Record 4/17/2024, eff. 5/17/2024)

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