§ 4-07 Buy-Against Procurements.
RCNY § 4-07
(a)Policy. When a vendor fails to perform or defaults on an existing contract for goods or services, and there is a continued need for the goods or services, an agency may obtain the required goods or services, as specified in the original contract, or any part thereof, from a successor vendor, pursuant to this section. In soliciting for the successor vendor, the ACCO shall obtain competition to the maximum extent practicable under the circumstances. Prior to the solicitation, the ACCO shall make a determination, including the basis thereof, that the method of source selection is in the best interest of the City. The method of source selection may include, but is not limited to, award to either the second lowest responsive and responsible bidder or next most advantageous proposer on the original solicitation at a price agreed upon between the bidder or proposer and the City. The term of a buy-against contract shall not exceed the balance of the term remaining on the original contract, without renewals, or such interval necessary to complete the original contract work as agreed upon by the ACCO and the vendor, whichever is longer. In addition, the ACCO shall, unless there are compelling mitigating circumstances, charge the non-performing vendor for any difference in price resulting from the buy-against contract, together with any administrative charge established by the agency, and shall, as appropriate, invoke such other sanctions as are available.
(b)Applicability. Buy-against Procurements are not permitted in design-build procurements pursuant to 9 RCNY § 3-17(c)(3).
(c)Notice of vendor selection.
(1)Frequency. Notice of award of buy-against contracts shall be published once in the City Record, within fifteen days after registration of the contract.
(2)Content. Such notice shall include: (i) Agency name, (ii) Procurement Identification Number, (iii) Title and/or brief description of the goods or services procured, (iv) Name and address of the successor vendor and of the original vendor, (v) Dollar value of the replacement contract, and (vi) Summary determination of the basis for the buy-against procurement. (Amended City Record 12/12/2025, eff. 1/11/2026)
