§ 3-02 Competitive Sealed Bidding.
RCNY § 3-02
(a)Application. This section shall apply to all procurements made by competitive sealed bidding.
(b)Invitation for bids.
(1)Use. The IFB is used to initiate a competitive sealed bid procurement.
(2)Content. The Invitation for Bids shall include the following: (i) instructions and information to bidders concerning the bid submission requirements, including the time and date set for receipt of the bids; requirements for the electronic submission of bids, if any; time, date, and location of any pre-bid conferences (and a statement whether such conferences are mandatory); and the location where bids are to be submitted; (ii) the purchase description, delivery and performance schedule, and any special instructions necessary; (iii) the contract terms and conditions, including warranty and bonding or other security requirements, as applicable; (iv) a statement regarding how the award will be made: (A) for construction, a statement that award shall be made to the lowest responsive and responsible bidder; (B) for purchase of goods and standard services, a statement that award shall be made to the lowest responsive and responsible bidder or to the bidder whose bid represents the best value to the City by optimizing quality, cost and efficiency. If award will be made on the basis of best value to the City, such statement shall include how best value will be determined in accordance with 9 RCNY § 3-02(o); (v) if not included in the bid documents, a notice of where vendors may obtain a copy of all contractual terms and conditions or other project-related material; (vi) a provision indicating bidder liability for bidder failure to execute contract and to provide any required security within ten days after notice of award pursuant to Section 313(d) of the Charter; (vii) a provision that bidders should give specific attention to the identification of those portions of their bids that they deem to be confidential proprietary information or trade secrets and provide any justification why such materials, upon request, should not be disclosed by the City. Such information must be easily separable from the non-confidential sections of the bid; (viii) a notice of the bidder's rights to appeal certain decisions; (ix) a notice describing the City's prompt payment policy, including an explanation of the requirements for invoicing; (x) a notice that prices are irrevocable until contract award, unless the bid is withdrawn, and that bids may be withdrawn only after the expiration of forty-five days from bid opening and only in writing received by the agency and in advance of award; (xi) a requirement for acknowledgment of amendments; (xii) a provision concerning the submission and consideration of alternate bids, if applicable; (xiii) a notice that contract award is subject to provisions of the MacBride Principles Law; (xiv) a notice that contract award is subject, if applicable, to § 6-129 of the New York City Administrative Code (M/WBE and EBE program), as well as to applicable provisions of federal, State, and local laws and executive orders requiring affirmative action and equal employment opportunity; (xv) where applicable, a notice that contract award is subject to completion of a VENDEX questionnaire and review of that information by the Department of Investigation; (xvi) where applicable all information required pursuant to Section 312(a) of the Charter; (xvii) the name, address, and telephone number of a contact person to whom questions and correspondence relating to the bid solicitation can be addressed; (xviii) the following statement: The New York City Comptroller is charged with the audit of contracts in New York City. Any vendor who believes that there has been unfairness, favoritism, or impropriety in the bid process should inform the Comptroller, Bureau of Contract Administration, 1 Centre Street, Room 727, New York, NY 10007, (212) 669- 2323; and (xix) a statement that the bidder will be required to comply, if applicable, with § 220/230 of the New York State Labor Law, § 6-109 of the New York Administrative Code, Mayoral Executive Order 102 of 2006, and with all other federal, State, and local labor laws and regulations, including but not limited to providing on-the-job training opportunities and payment of prevailing wages and living wages; and (xx) where applicable for construction contracts, the following shall be additionally included: (A) a specific description and exact location of the construction and the date and time for the bidder to visit the job site when the solicitation requires a mandatory pre-bid visit to and examination of the job site; (B) a reference to all applicable documents which will subsequently become a part of the contract, such as the specifications and the terms and conditions approved by Corporation Counsel; (C) a statement establishing minimum insurance requirements which the City will require of the bidder if successful and conveying to the bidder any insurance coverage which the City will carry that will afford the contractor insurance coverage; (D) a statement that the bidder will be required to meet all licensing or permit requirements required to perform the construction; (E) a statement of instructions relative to the return of bid documents if the bidder elects not to submit a bid thereunder and notification to the City of the bidder declining to bid; (F) a statement that all bid documents must be returned to the City upon request; (G) the form in which the bid is to be submitted (either specified in the invitation for bids or referenced as part of the specifications or attached forms); (H) a requirement that for projects on which more than one prime contractor will be involved, all bidders examine the invitation for bid packages for all other parts of the project; and (I) a notice, for those contracts not otherwise subject to § 6-129 of the New York Administrative Code (M/WBE and EBE Program), that contract award is subject to the provisions of § 6-108.1 of the New York City Administrative Code relating to the LBE program and its implementing rules; and (J) a requirement that, where the preparation of separate specifications is not required for plumbing and gas fitting; steam heating, hot water heating, ventilating and air conditioning apparatus; and electric wiring and standard illumination fixtures pursuant to New York General Municipal Law § 101, the bidder shall submit with its bid a separate sealed list that names each subcontractor that the bidder will use to perform such work on the contract, and the agreed-upon amount to be paid to each.
(c)Bidding time. Bidding time is the period of time between the date of public advertisement of the IFB and the time and date set for receipt of bids. The bidding time shall be not less than fifteen days before the bid opening date.
(d)Bidder Submissions.
(e)Public Notice.
(i)Distribution. IFBs or notices of their availability must be electronically mailed to a sufficient number of vendors, including all vendors on the appropriate citywide bidders list established by the CCPO for the purpose of securing competition. IFBs or notices of their availability may be sent electronically to vendors on agency-specific bidders lists, in addition to the appropriate citywide bidders list maintained by the CCPO, only with approval of the CCPO. Such IFBs or notices must be sent electronically at least fifteen (15) days in advance of the due date for bids, or at least twenty-two (22) days in advance of the due date for bids which are subject to § 6-129 of the New York City Administrative Code (M/WBE and EBE program). An agency may, upon request of a vendor, provide IFBs or notices by mail, fax, hand delivery, or otherwise. Where the notice does not include all IFB documents, an additional five (5) days must be allowed. Notices of availability must indicate, at minimum: (A) the name of the agency and, if appropriate, the specific division or bureau soliciting the bids; (B) title and brief description of the goods, services, or construction required; (C) specific information about how, when, and where the IFB is available; (D) the required fee or deposit amount, if any, for obtaining the IFB; (E) the time, date, and location of any pre-bid conference or site visit, if any, and if attendance is mandatory; (F) the date, time, and location and, if applicable, a link to access the livestreaming of the opening, reading, and identification of bids on a publicly accessible website, for the receipt and opening of bids; (G) the name and phone number of the agency contact person, including email address, if applicable; and (H) the citywide bidders list used.
(ii)Publication. This subparagraph shall apply to competitive sealed bids above the small purchase limits except that it shall not apply where vendors will be solicited from a PQL. (A) Frequency. Notice of solicitation shall be published at lease once in the City Record and shall be posted on the City's website in a location that is accessible by the public simultaneously with its publication not less than fifteen days before the bid opening date with the exception of accelerated procurements, which shall appear not less than three business days before the bid opening date. (B) Content. Such notice shall include: ((a)) agency name; ((b)) PIN; ((c)) title and/or brief description of the goods, services, or construction to be procured; ((d)) estimated quantity, if any; ((e)) how the solicitation documents may be obtained; ((f)) date and time by which, and the location where, bids must be submitted and will be publicly opened and if applicable, a link to access the livestreaming of the opening, reading, and identification of bids on a publicly accessible website; and ((g)) required vendor qualifications or eligibility requirements, if any and ((h)) A statement, if applicable, that the solicitation is subject to § 6-129 of the Administrative Code (MWBE and EBE program).
(3)Public availability. A copy of the IFB shall be available for public inspection at a location in the agency offices designated by the ACCO.
(f)Bidders lists.
(4)Vendors that fail to respond to solicitations or notices of availability of procurement opportunities on three consecutive invitations within one standard category may be removed by the CCPO from the applicable bidders list or by the ACCO from the applicable agency bidder list after notice to the vendor. A "No Bid" statement on a returned bid shall be considered a response. Vendors may also be removed from a citywide bidders list pursuant to procedures prescribed by the CCPO. Application for reinstatement shall be the responsibility of the vendor.
(5)Unless otherwise provided, inclusion or exclusion of the name of a vendor on a bidders list does not indicate that the vendor is responsible in respect to a particular procurement or otherwise is capable of successfully performing a City contract.
(g)Prequalified vendor lists. In accordance with these Rules, bids may be solicited from a list of prequalified vendors.
(h)Pre-bid or pre-solicitation conferences. Pre-bid or pre-solicitation conferences may be conducted by the ACCO to explain the procurement requirements. Written notice of any conference shall be provided to all prospective vendors. A pre-bid conference should be held long enough after the IFB has been issued to allow bidders to become familiar with the solicitation documents, but sufficiently before bid opening to allow consideration of the conference results in preparing their bids. Nothing stated at the pre-bid conference shall change the IFB unless a change is made by amendment as provided in this section. A summary or transcript of the conference shall be prepared and shall be made available and shall be posted on the City's website. A record of attendance shall be kept of all conferences, and shall be made available and shall be posted on the City's website.
(j)Pre-opening modification or withdrawal of bids.
(k)Late bids, late withdrawals, and late modifications.
(l)Receipt, opening, and recording of bids.
(m)Mistakes in bids.
(iii)Mistakes Where Intended Correct Bid is Not Evident. Mistakes may not be corrected after bid opening. A bidder may be permitted to withdraw a bid where a unilateral error or mistake has been discovered in the bid and the Contracting Officer makes the following determination, which shall be approved by the ACCO: (A) the mistake was known or made known to the agency prior to vendor selection or within three days after the opening of the bid, whichever period is shorter; (B) the price bid was based on an error of such magnitude that enforcement would be unconscionable; (C) the bid was submitted in good faith and the bidder submits credible evidence that the mistake was a clerical error as opposed to a judgment error; (D) the error in bid is actually due to an unintentional and substantial arithmetic error or unintentional omission of a substantial quantity of work, labor, material, goods, or services made directly in the compilation of the bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of the original work paper, documents, or materials used in the preparation of the bid sought to be withdrawn; and (E) it is possible to place the City in the same condition that had existed prior to the receipt of the bid. Upon the approval of the ACCO, the bid may be withdrawn, and the bid bond or other security returned to the bidder. If the bid was the low bid or the bid that represents best value, then the contract shall either be awarded to the next lowest bidder or bidder that represents the next best value to the City, as appropriate, or resolicited pursuant to these Rules. Under no circumstances shall a bid be amended or revised to rectify the error or mistake.
(n)Withdrawal of bids. Except as provided for in 9 RCNY § 3-02(j) a bidder may not withdraw its bid before the expiration of forty-five days after the date of the opening of bids; thereafter, a bidder may withdraw its bid only in writing and in advance of an actual award.
(o)Bid Evaluation and Vendor Selection.
(iv)If award will be made based on best value, a vendor that is an M/WBE or State-certified M/WBE must, except with the approval of the CCPO, be given a price preference of 10% and will be evaluated as if the bid price were 10% lower. A price preference of a different percentage may be given with approval from the CCPO. The price preference percentage, if any, shall be included in the IFB.
(p)Low tie bids.
(q)Single bid. When a single bid has been received in response to an IFB, a vendor may be selected only after the ACCO has determined that a sufficient number of other potentially responsive vendors have had a reasonable opportunity to bid; why, as a result of inquiries made by the agency, other vendors chose not to submit bids; that the bid submitted meets minimum requirements of the IFB; that the price is fair and reasonable, and that resolicitation is not in the best interest of the City.
(r)Alternate bids. Unless alternate bids are requested in the solicitation, such bids may not be accepted.
(s)Notification of Non-Responsiveness or Non-Responsibility. If the ACCO determines that a bidder is either not responsible or not responsive, such bidder shall immediately be notified in writing of such determination and the reasons therefor, and the right to appeal the determination, if applicable. A copy of the notification shall be filed with the CCPO and Comptroller.
(t)Multiple Award Task Order or Purchase Order Contracts.
(u)Rejection of bids. The ACCO may reject all bids and may elect to resolicit by bid in accordance with this section or by other method authorized by these Rules.
(v)Resolicitation in cases of failed bids due to defects in the solicitation documents. Under the circumstances set forth in this subdivision, the ACCO may determine that it is appropriate to reject all bids after opening and before vendor selection and to complete the acquisition by a new solicitation for which notice is provided as set forth in this subdivision.
(w)Disposition of bids. All bids shall be retained. When bids are rejected or a solicitation canceled after bids are received, the bids shall be retained and the bid security, if any, shall be promptly returned, and the file so documented. (Amended City Record 1/29/2016, eff. 3/1/2016 & 7/1/2016; amended City Record 12/2/2019, eff. 1/1/2020; amended City Record 12/2/2024, eff. 1/1/2025)
