§ 2-07 Responsiveness of Bids/Proposals.
RCNY § 2-07
(a)Policy. A responsive bid or proposal is one that complies with all material terms and conditions of the solicitation and all material requirements of the specifications. The ACCO shall make a determination of responsiveness prior to award.
(b)Determination of non-responsiveness. If the lowest price bid or any proposal is found non-responsive, a determination, setting forth in detail and with specificity the reasons for such finding, shall be made by the ACCO. A copy of such determination shall be mailed to the non-responsive vendor no later than two business days after the determination is made, and the agency shall inform the vendor of the right to appeal as set forth herein. Such notice shall also inform the vendor that, if an appeal is taken, award of the contract shall be stayed pending the determination of the Agency Head, unless the ACCO makes a determination and informs the vendor, pursuant to subdivision (e) of this Rule, that the award will not be stayed because proceeding with the award without delay is necessary to protect substantial City interests.
(c)Standards. Factors affecting the responsiveness of bids or proposals include: (1) compliance with all material requirements of the specification; (2) compliance with all material terms and conditions of the solicitation; (3) submission of bids or proposals in the form specified in the solicitation including all required signatures, in ink or by electronic signature, and including all required pricing information; (4) if bid or proposal price has been materially altered, alterations must be initialed in ink or by electronic signature by the bidder or proposer. If the alteration has not been initialed in ink or by electronic signature, and can be severed from the other items in the bid or proposal, then that particular item only may be considered non-responsive; (5) submission of bids or proposals by the time and date and at the place specified in the solicitation except that a late proposal may be accepted pursuant to these Rules; (6) submission of bid, performance, or payment security, if required by the solicitation. Acceptable security for bids, performance, and payment shall be limited to: (i) a one-time bond in a form satisfactory to the City, (ii) a bank certified check or money order, (iii) City bonds, or (iv) other financial instruments as determined by the Office of Construction in consultation with the Comptroller; (7) submission of samples, literature, or other information, if required by the solicitation; (8) submission of all required disclosure statements; and (9) attendance at a mandatory pre-bid or pre-proposal conference or site inspection.
(d)Rejection of Bids or Proposals. Bids or proposals that fail to conform with the standards set forth above shall be rejected unless the ACCO determines in writing that waiving the nonconformance would not deprive the agency of the assurance that the contract will be performed according to its specified requirements and would not adversely affect the competition by placing a bidder in a position of advantage over other bidders or by otherwise undermining the competition.
(e)Appeal. All non-responsive determinations may be appealed as set forth herein.
(1)Time limit. A vendor shall have five days from receipt of the determination of non-responsiveness to file an appeal with the Agency Head. Receipt of notice by the vendor shall be deemed to be no later than five 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. The vendors shall also send a copy of its appeal, for informational purposes, to Office of the New York City Comptroller, Bureau of Contract Administration, 1 Centre Street, Room 727, New York, NY 10007.
(2)Form and content. The appeal shall be in writing and shall briefly state all the facts or other basis upon which the vendor contests the finding of non-responsiveness. Supporting documentation, if any, shall be included.
(3)Stay of Award of Contract Pending Agency Head Determination. Award of the contract shall be stayed pending the determination of the Agency Head, unless the ACCO makes a determination that proceeding with the award without delay is necessary to protect substantial City interests. Where such a determination is made, the vendor shall be advised of this action in the determination of non-responsiveness or, if the stay is removed at any time after the vendor has been notified of determination of non-responsiveness, notification shall be provided to the vendor no later than two business days after such determination is made. The Agency Head shall consider the appeal, and may, in his or her sole discretion, meet with the vendor to discuss the merits of the appeal. The Agency Head shall make a prompt determination with respect to the merits of the appeal, a copy of which shall be sent to the vendor. The Agency Head's determination shall be final. The Agency Head shall not delegate the authority to make a determination on the appeal to the ACCO. (Amended City Record 1/29/2016, eff. 3/1/2016; amended City Record 12/2/2024, eff. 1/1/2025)
