§ 2-05 Specifications.
RCNY § 2-05
(a)Policy. Specifications are used to obtain goods, services, and construction to fulfill the City's needs in a cost-effective manner, taking into account, to the extent practicable, the costs of ownership and operation, as well as costs of acquisition. Therefore, specifications shall: (1) permit maximum practicable competition; (2) describe clearly the City's requirements without favoritism toward a vendor or a vendor's good, service, or construction; (3) to the extent practicable, be generic in nature and emphasize functional or performance criteria, while limiting design or other detailed physical descriptions to those necessary to meet the City's needs; and (4) to the extent practicable, utilize accepted commercial standards, and limit unique requirements that would tend to favor a vendor or a vendor's goods, service, or construction.
(b)Authority to contract for drafting of specifications. The drafting of specifications may be performed by a vendor only upon a determination by the ACCO that it is in the best interest of the City to do so. Any vendor participating in the drafting of specifications shall not participate, in any manner, in a response to any subsequent solicitation utilizing such specifications, in whole or in part, unless, after reviewing the specifications, the ACCO determines, with CCPO approval, that the specifications do not favor a vendor or such vendor's good, service, or construction, and it is in the City's best interest to allow such participation and the basis thereof. Such prohibited participation shall include, but not be limited to, participating as a contractor or a subcontractor, or as a consultant to any contractor or subcontractor, responding to the solicitation using the specifications. The provisions of this subdivision shall apply to any vendor that has drafted any portion of the specifications used in a procurement, regardless of whether such vendor's services were procured specifically for the drafting of those specifications, were procured as general consulting services, or were donated.
(c)Brand name specifications.
(1)Policy. When a brand name only specification is used, the ACCO shall document the reasons for its use. When brand name or equal specifications are used, one or more brand name(s) and the salient characteristics of the brand name(s) shall be set forth in the solicitation.
(2)Acceptable brands lists. DCAS is solely responsible for the promulgation, modification, or revocation of acceptable brands lists, and has final authority for accepting for inclusion any brand on such lists. All agencies must rely, where practicable, on a DCAS acceptable brands list in specifying goods to meet their continuing requirements. Acceptable brands lists shall be reviewed at least every two years and vendors may apply for inclusion at any time. DCAS shall approve or deny a vendor's application within a reasonable period of time.
(3)Public notice. Notice of the intention to establish an acceptable brands list, together with an invitation to apply for inclusion on that list, shall be continuously published by DCAS in the City Record. In addition, a list of all goods for which an acceptable brands list has been established, together with an invitation to apply for inclusion on that list, shall be continuously published by DCAS in the City Record. Both advertisements shall describe how and when products may be offered for consideration.
