§ 3-07 Accelerated Procurement.
RCNY § 3-07
(a)Definition. An accelerated procurement is a procurement of commodities that is required to be made quickly due to markets experiencing significant shortages and/or short-term price fluctuations. Such markets must be identified by specific rule of the PPB. Accelerated procurement shall only be authorized when the CCPO determines those specific commodities subject to accelerated procurement.
(b)Eligible markets. The PPB has identified the following specific markets as experiencing significant shortages and/or short-term price fluctuations: (1) chemicals, (2) energy, (3) food, (4) metals (ferrous and non-ferrous), (5) paper, and (6) plastics.
(c)Designation of specific commodities within eligible markets. The CCPO, based upon written application by an ACCO, shall select those specific commodities within eligible markets subject to accelerated procurement. The CCPO may also, at his/her discretion, select specific commodities for accelerated procurements. In either case, the selected commodities shall have been and continue to be in short supply and/or have experienced and continue to experience short-term price fluctuations. The CCPO shall document the reasons why such specific commodities are selected and the duration and conditions under which these commodities shall remain subject to accelerated procurement. The CCPO shall further issue the approvals necessary to implement any changes to the specific commodities list and shall publish quarterly in the City Record a list of all commodities designated for accelerated procurement. The scheduling and content of such notice shall be determined by the CCPO.
(d)Methods of procurement. Accelerated procurements shall be made in accordance with 9 RCNY § 3-01.
(e)Exemptions from certain requirements. Accelerated procurements are exempt from the following requirements: (1) an accelerated procurement in excess of the small purchase limit may be made by purchase order instead of contract, (2) an accelerated procurement is exempt from the notice and comment requirements of these Rules, and (3) registration of the contract pursuant to these Rules prior to the effective date is not required. The agency shall, as soon as is practicable, and not more than thirty days from date of award, submit such procurement to the Comptroller with a completed Advice of Award and all other documentation required by these Rules for an audit of the procedures and basis for the determination of the accelerated procurement.
(f)Authority to make accelerated procurements. Accelerated procurements may be made provided it is an eligible market and the CCPO has approved the specific commodity for accelerated procurement.
(g)Filing requirements. The determination of the basis for the procurement, all required approvals, and the selection of the vendor shall be documented in the Recommendation for Award. This documentation shall include: (i) a list of the commodities procured, together with the PIN; (ii) the names of all vendors solicited and the name and basis of the source selection; (iii) the prices paid and the percentage difference between the prices paid under the accelerated procurement as compared with the previous purchase for the same or similar commodity; and (iv) an evaluation of the past performance (if any) of the selected source.
(h)Public notice.
(1)Notice of solicitation.
(i)Frequency. Notice shall be published at least once in the City Record not less than three business days before the bid opening date, the proposal due date, or initiation of negotiations with a vendor pursuant to the sole source or negotiated acquisition methods, or the initiation of another procurement method provided by these Rules and shall be posted on the City's website in a location that is accessible by the public simultaneously with its publication.
(ii)Content. Such notice shall include: (A) agency name; (B) PIN; (C) title and/or brief description of the commodities to be procured; (D) estimated quantity, if any; (E) how the contract documents may be obtained, if applicable; (F) when and where the bids are due and shall be publicly opened, or when and where proposals are due, if applicable; and (G) special legally-required vendor qualifications or eligibility requirements, if any.
(2)Notice of award.
