§ 2-12 Contract Registration.
RCNY § 2-12
(a)Applicability. Unless otherwise provided by the Charter or these Rules, all contracts, agreements, contract changes, change orders, amendments, modifications, contract time extensions, and "Buy-Against" procurements shall be presented to the Comptroller for registration. Registration of a contract by the Comptroller shall not constitute an approval of the contract nor an approval of the process by which the contract was awarded, nor shall it preclude future audits of the contract. Contracts shall not be registered for less than their full value unless specific written authorization to do so is made by the Agency Head or the ACCO and such written authorization is provided to the Comptroller at the time of registration.
(b)Registration not required. The following items need not be registered with the Comptroller: (1) in the case of City requirements contracts that have been registered with the Comptroller, any purchase orders used to make purchases pursuant to those contracts, or (2) in the case of contracts let by another governmental entity, any purchase orders used to make purchases pursuant to those contracts, provided that a copy of the relevant portion of the contract or other required documentation has been filed with the Comptroller.
(c)Documentation. The following documentation shall be submitted for each item required to be registered: (1) a copy of the original executed contract and related contract budget; (2) a request for encumbrance or advice of award containing: (i) the name, address, telephone number, and federal taxpayer's identification number of the vendor and the address of the contract worksite; (ii) the dollar amount of the contract, including the original maximum expenditure and revised maximum expenditure authorized and current encumbrance, and any funding source(s); (iii) the type of goods, services, or construction to be procured pursuant to the contract; (iv) the name and/or code of the agency that awarded the contract and the procurement identification number; (v) the term of the contract or in the case of a construction contract, the approximate starting and scheduled completion date of the contract (and any subsequent extensions), and the project or sub-project to which the contract relates; (vi) the source selection method utilized and, if applicable, whether the vendor in the case of a competitive sealed bid, was the lowest responsible bidder or, in the case of an RFP, offered the lowest price option; (vii) the number of responses to a solicitation, invitation to bid, or RFP (excluding a response of "no bid" or "no proposal"); (viii) an indication whether the vendor is a not-for-profit organization or has been certified by DEFO as a women-owned or minority-owned business enterprise; and (ix) any other information requested by the Comptroller and agreed to by the CCPO, or required by law.
(3)the VENDEX business entity, principal, not-for-profit organization and individual questionnaire(s). This requirement will remain in effect until such time as such information is available on-line by computer to the Comptroller prior to registration; (4) copies of the Recommendation for Award/Renewal and the presolicitation review report required by these Rules; (5) if applicable, capital encumbrance justification memorandum and fixed asset detail document or fixed asset waiver document; (6) certificate of legal authority by the Corporation Counsel; and (7) certificate of Procedural Requisites and, if applicable, the determination required by Section 313(b)(2) of the Charter; and (8) in those cases where contracts have been changed pursuant to these Rules, a determination by the ACCO explaining good and sufficient cause for such contract change. Where such explanation pertains to a request for additional time to complete a new procurement to replace a current contract, the explanation shall state the date by which such new procurement will be completed.
(d)Date of filing. The date of filing 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 questions by the Comptroller regarding any item shall be responded to by the agency forthwith.
(e)Exceptions. The requirement for registration prior to the effectiveness of the contract is waived under the following circumstances: (1) contracts awarded on an emergency basis, (2) contracts awarded on the basis of an accelerated procurement and (3) contracts for the provisions of goods, services, or construction that are not to be paid for out of the City treasury or out of monies under the control of the City. However, within thirty days of awarding such a contract, the board of the entity awarding the contract shall file with the Mayor or the Mayor's designee a copy of the contract and any related materials specified by the Mayor for inspection by the public and elected officials.
(4)For contracts described in subdivisions (e)(1) and (2) above, the awarding agency shall, within thirty days of award, submit a copy of the contract (and such related materials as are included in subdivision (c) of this section) to the Comptroller for registration and for an audit of the procedures and of the basis for the determination of the need for an emergency or accelerated procurement.
(f)Refusal of comptroller to register the contract. Upon making a determination that there is a basis for refusing to register the contract, the Comptroller shall promptly notify the ACCO of that determination and return the contract to the ACCO. (Amended City Record 10/1/2018, eff. 11/5/2018)
