Skip to code content (skip section selection)
Compare to:
New York City Overview
The New York City Charter
The New York City Administrative Code
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
§ 3-06 Emergency Purchases.
   (a)   Definition of emergency conditions. An emergency condition is an unforeseen danger to life, safety, property, or a necessary service. The existence of such a condition creates an immediate and serious need for goods, services, or construction that cannot be met through normal procurement methods.
   (b)   Scope. An emergency procurement shall be limited to the procurement of those items necessary to avoid or mitigate serious danger to life, safety, property, or a necessary service.
   (c)   Authority to make emergency purchases.
      (1)   Any agency may make an emergency procurement when an emergency arises and the agency's resulting need cannot be met through normal procurement methods.
      (2)   The Agency shall obtain the prior approval of the Comptroller and the Corporation Counsel.
      (3)   The Agency shall submit at the earliest practicable time a determination of the basis of the emergency and the selection of the contractor, as set forth in 9 RCNY § 3-06(e)(3) to the Comptroller and the Corporation Counsel for approval as soon as possible.
   (d)   Source selection. The procedure used shall assure that the required items are procured in time to meet the emergency. Given this constraint, such competition as is possible and practicable shall be obtained.
   (e)   Public notice and filing requirements. Solicitations in emergency procurements are subject to the following public notice and reporting requirements:
      (1)   Solicitations pursuant to a finding of emergency are not required to be published in the City Record.
      (2)   The agency shall publish notice of the award of the emergency contract in accordance with 9 RCNY § 3-06(f).
      (3)   A determination of the basis for the emergency and the selection of the vendor must be filed with the Corporation Counsel and the Comptroller, and must further be submitted to the City Council no later than fifteen days following the contract award. The determination must include:
         (i)   the date emergency first became known;
         (ii)   a list of goods, services, and construction procured;
         (iii)   the names of all vendors solicited;
         (iv)   the basis of vendor selection;
         (v)   contract prices;
         (vi)   the past performance history of the selected vendor;
         (vii)   a listing of prior/related emergency contract; and
         (viii)   PIN.
   (f)   Notice of award.
      (1)   Frequency. Notice of a contract award exceeding the small purchase limits shall be published at least once in the City Record, within fifteen calendar days after contract registration.
      (2)   Content. Such notice shall include:
         (i)   summary determination of the basis for the emergency stated to be either a case of an unforeseen danger to life, safety, property, or a necessary service;
         (ii)   agency name;
         (iii)   PIN;
         (iv)   title and/or brief description of the goods, services, or construction procured;
         (v)   name and address of the vendor;
         (vi)   dollar value of the contract;
         (vii)   procurement method by which the contract was let; and
         (viii)   citation of the reason under Section 315 of the Charter providing justification for the chosen method of procurement.
(Amended City Record 1/29/2016, eff. 3/1/2016)