§ 4-12 Late Registration.
RCNY § 4-12
(a)Policy.
(i)No contract shall be implemented until the procedures set forth in Section 328 of the Charter have been followed.
(ii)In the circumstance wherein an expiring contract for client services is to be replaced by a new contract awarded from an RFP pursuant to 9 RCNY § 3-03 or via HHS Accelerator pursuant to 9 RCNY § 3-16, renewed pursuant to 9 RCNY § 4-04 or extended pursuant to 9 RCNY §§ 3-04(b)(2)(iii) or 4-02(b)(1)(iii), the agency should notify the selected vendor of its selection by no later than ninety (90) days prior to the expiration date of the contract that is to be replaced, renewed or extended. Earlier notification is preferable, particularly where the agency anticipates that the vendor will be required to file a new VENDEX questionnaire pursuant to 9 RCNY § 2-08(e)(2). In addition, where an agency proposes to continue services by means of a new RFP award, the Notice of Solicitation for such RFP should be published by the agency pursuant to 9 RCNY § 3-03(d), or by the HHS Accelerator Director pursuant to 9 RCNY § 3-16(b)(1), by no later than two hundred fifty (250) days prior to the expiration of the contracts to be replaced.
(b)Timeliness of submission for registration.
(c)Substantial compliance. The CCPO shall review each agency's performance under this Section at least twice each year. Any agency that the CCPO determines is generally submitting contracts in an untimely manner as defined in this Section, i.e., is not in substantial compliance with the provisions of subdivision (b) of this Section, shall be required to make interest payments in accordance with subdivision (d) for any subsequent contracts that are submitted to the Comptroller for registration in an untimely manner. The CCPO may, upon application of an agency previously determined not to be in substantial compliance with the provisions of this Section, review the agency's intervening performance, and may determine that the agency is now in substantial compliance with the provisions of this Section. An agency shall not be required to make late registration payments for contracts entered into by the agency subsequent to such a determination.
(d)Interest payments.
(iii)Except where otherwise required by law, an interest payment required by these Rules shall be paid from the agency expense budget of the agency awarding the contract, provided however that if the obligation to make an interest payment is incurred in whole or in part due to another agency's involvement in the procurement process, then the portion of the total interest payment that is attributable to delays by that agency shall be charged to that agency's miscellaneous budget. (Amended City Record 8/27/2025, eff. 9/26/2025)
