§ 3-12 Innovative Procurement Methods.
RCNY § 3-12
(a)Purpose. Innovative procurement methods test and evaluate the feasibility and application of procurement methods not currently used by the City or provided for under these Rules.
(b)Prerequisites for using innovative procurement methods.
(1)Approval. Innovative procurement methods require the approval of the CCPO, upon the written request of an ACCO. The CCPO shall not delegate this authority.
(2)Circumstances of use. An innovative procurement method may be used to procure goods, services, construction, and construction-related services in circumstances where such method would serve the City's interest better than those methods currently available under these Rules.
(3)Notice of opportunity to comment on proposed method and/or submit expression of interest. The public shall have twenty days to submit written comment on a proposed innovative procurement method and/or submit expressions of interest for a contract to be let pursuant to this section.
(i)Frequency. Notice of such opportunity shall be published at least once in the City Record and on the City’s website and shall be posted on the City’s website in a location that is accessible by the public simultaneously with its publication. The due date for receipt of comments and submission of expressions of interest shall be not less than twenty days after notice in the City Record.
(ii)Content. Such notice shall include: (A) the name of the agency proposing the innovative procurement method; (B) PIN; (C) a description of the goods, services, construction, or construction-related services to be procured using this method, and the approximate dollar value of the procurement; (D) the reason(s) why the use of such method would serve the City's interest better than the methods currently available under these Rules; (E) the nature and requirements of the procurement method to be used, including, but not limited, to how vendors may express interest in providing the desired goods, services, construction, or construction-related services to be procured; the time within which this method will be implemented; how expressions of interests are to be evaluated, and the due date for receipt of comments and/or submitting expressions; and (F) notice that the proposed innovative procurement method will be evaluated to determine whether it is in the City's interest to codify the method used within these Rules.
(c)Determinations. An ACCO request to use an innovative procurement method shall include a determination detailing: (1) the nature and requirements of the procurement method being proposed; (2) the reason(s) why the use of the such method would serve the City's interest better than the methods currently available under these Rules; (3) the time within which this method will be implemented; (4) a description of the goods, services, construction, or construction-related services to be procured using this method; and (5) the approximate dollar value of the contract.
(d)Copies. A copy of the ACCO's determination, the CCPO's approval, and all comments shall be forwarded by the ACCO to the PPB and the Comptroller.
(e)Notice of award.
(f)Evaluation. The CCPO shall submit to the PPB periodic reports on the activities, results, and findings of each innovative procurement method. No later than sixty days following the registration of a contract let pursuant to this section, the CCPO shall submit an interim report to the PPB summarizing the results of the innovative procurement method. No later than eight months following the registration of a contract let pursuant to this section, the CCPO shall submit a final report recommending whether or not it would be in the City's best interests to codify the innovative procurement method used within these Rules. If the PPB does not codify the method within four months from the date of the CCPO's final report on the first contract using such method, then such method shall not be used for any further solicitations until such time, if any, as the PPB does codify such method. (Amended City Record 12/15/2023, eff. 1/14/2024)
