§ 2-11 Public Notice and Comment Requirements.
RCNY § 2-11
(a)Application. Except in cases set forth in subdivision (b) below, prior to entering into any contract or exercising a renewal option in a contract exceeding in value $100,000, the agency shall give notice in the City Record that comments on the proposed contract may be submitted online for a period of time not less than seven days.
(b)Exemptions.
(1)The following contracts or exercise of a renewal option in the following contracts are exempt from the requirements of this section: (i) contracts to be awarded by competitive sealed bidding, except where the basis for award is best value to the City pursuant to 9 RCNY § 3-02(o); (ii) contracts to be awarded by competitive sealed bidding from prequalified lists, (iii) emergency contracts, (iv) accelerated procurements, and (v) contracts where public notice and comment may disclose litigation strategy or otherwise impair the conduct of litigation by the City. Where this exemption is claimed, the Corporation Counsel shall make a determination as to whether public notice and comment may have an impact on litigation.
(2)Exercise of a renewal option in a contract where the original contract or any prior renewal option was subject to a public hearing or public notice and comment is exempt from the requirements of this section.
(3)Contracts to be let that do not differ materially in terms and conditions, as defined herein, from contracts currently held by the City where the parties to such contracts are the same shall be exempt from the public notice and comment requirements of this section and the Charter, provided that such exemption shall not apply to contracts over ten million dollars in value. Contracts do not differ materially in terms and conditions when they: (i) contain substantially the same specifications; (ii) are for substantially the same length of time, except in the case of contracts awarded pursuant to negotiated acquisition where there is a compelling need to extend the contract one or more times beyond the cumulative twelve-month limit and where such extensions awarded pursuant to negotiated acquisition are cumulatively for a period of time no greater than one year; (iii) contain substantially the same pricing, as determined by the ACCO, taking inflation into account and reflecting fair and reasonable pricing. For the purposes of this paragraph, the consideration of inflation shall be limited to demonstrated changes in the cost of materials and/or labor, as appropriate. "Inflation" shall not include corresponding or other increases in overhead, general selling and administrative expenses, or profit, i.e., increases based on these factors shall not be deemed to result in "substantially the same pricing" and (iv) contain substantially the same legal terms.
(c)Public notice.
(d)Conduct of Public Notice and Comment.
