§ 3-05 Sole Source Procurement.
RCNY § 3-05
(a)Conditions for use. Sole source procurement shall be used only when there is only one source for the required goods, service, or construction. In such case, the accepted price and terms and conditions shall be achieved through negotiation between the agency and the vendor. This section shall apply to sole source procurements exceeding the micropurchase limit set forth in 9 RCNY § 3-08(c)(1)(ii).
(b)Determination. Prior to entering into sole source negotiations, the ACCO shall make a determination that there is only one source for the required good, service, or construction.
(1)Such determination shall include a description of the process by which the agency made such determination, a description of the efforts made to ensure that offers were solicited from other sources, and where applicable, a statement of intended actions to develop competition in the future. The agency shall also perform a presolicitation review pursuant to 9 RCNY § 2-02.
(2)A copy of the determination shall be forwarded within five (5) days of completion to the Comptroller.
(c)Public notice.
(i)Frequency. After the ACCO determines that this procurement method will be used, notice of the intent to enter into negotiations shall be published at least once in the City Record at least ten calendar days before negotiations are expected to begin and shall be posted on the City’s website in a location that is accessible by the public simultaneously with its publication. Such notice shall solicit expressions of interest from vendors qualified to compete on that procurement or in the future. This subdivision shall not apply in cases where Corporation Counsel has provided a written statement that such notice may jeopardize pending litigation or collective bargaining.
(ii)Content. Such notice shall include: (A) agency name; (B) PIN; (C) title and/or brief description of the goods, services, or construction procured; (D) estimated quantity, if any; (E) name of the proposed vendor; (F) summary of the determination; (G) how qualified vendors may obtain an application, or express their interest in providing such goods, service, or construction; and (H) due date.
(d)Approvals. The award of any sole source contracts shall be approved by the Agency Head or the ACCO or other designated senior official. This authority shall not be further delegated. (Amended City Record 12/15/2023, eff. 1/14/2024; amended City Record 4/17/2024, eff. 5/17/2024)
