§ 4-01 Evaluation and Documentation of Vendor Performance.
RCNY § 4-01
(a)Criteria. The CCPO may determine the form of performance evaluations, which may vary based on contract industry. A performance evaluation shall: (1) conform to the requirements of the contract, including, but not limited to, quality of performance, timeliness of performance, fiscal administration, and fiscal accountability. The agency awarding the contract shall identify specific objectives and evaluation criteria to be included as part of the contract. Where practicable, the agency shall develop both qualitative and quantitative performance indicators, including outcome criteria; and, (2) for client services shall: (i) include periodic unannounced site visits and interviews with clients and staff, the results of which shall be summarized and made a part of the evaluation report; and (ii) consider assessments of client satisfaction. The agency shall assess client satisfaction by using techniques as may be appropriate. If interviews or surveys are used, clients shall be selected on a statistically random basis to ensure sampling of a representative cross-section of the client population.
(b)Frequency. The agency shall monitor the vendor’s performance against such standards and indicators on an ongoing basis and sufficiently far in advance of the end of the contract term to determine whether an existing contract should be extended, renewed, terminated, or allowed to lapse. Except as specified in subdivision (c) of this section, a performance evaluation shall be completed annually within 90 days after the anniversary of the contract start date. For contracts that an agency is planning to renew, the agency should have completed a performance evaluation within the year preceding the new contract year and prior to completing the responsibility determinations for the renewals. Notification to the vendor of deficient performance shall be made as soon as practicable, and shall not await the annual evaluation. Additional performance evaluations may be completed at the agency’s discretion with the CCPO’s approval. The CCPO shall establish procedures to ensure systematic evaluation of vendor performance.
(c)Report and vendor response. The evaluation and supporting documentation shall be incorporated in a report and entered into PASSPort. A copy of the evaluation report and a copy of this section shall be sent promptly to the vendor by email.
(1)Within fifteen days of sending a copy by email of the evaluation report (or any notification of deficient performance), the vendor must respond to the agency in writing. Such response must include a corrective action plan identifying with specificity the steps the vendor intends to take to remedy any deficiencies identified by the agency. Failure to respond within the specified time shall constitute the vendor’s agreement with the contents of the report, but will not release the vendor from its obligations under this section.
(2)The agency shall provide a written response to the vendor’s response to the evaluation report. The vendor may not provide additional responses.
(3)A performance evaluation that results in an unsatisfactory overall rating shall be entered as a caution in the centralized computer database to comport with 9 RCNY § 2-08(d)(2).
(d)Contract termination. Nothing in this section shall affect an agency’s right to terminate a contract for deficient performance or otherwise, in accordance with the terms of the contract.
(e)Exemptions. The following contracts are exempt from the performance evaluation requirements, unless there has been deficient performance: (1) Contracts for goods that were: (i) procured by competitive sealed bid; and (ii) not awarded on best value.
