(a) The Request for Proposals (RFP) – Contents. RFPs must include the following data:
(1) statement that the contract award will be made to the responsible proposer whose proposal represents the best value to the City by optimizing quality, cost and efficiency and therefore is determined to be the most advantageous to the City, taking into consideration the price and such other factors or criteria that are set forth in the RFP, including the quantitative preference to be provided to proposals submitted by vendors that are M/WBEs or State-certified M/WBEs;
(2) statement of work or scope of services statement, performance requirements, and any special instructions;
(3) the specific criteria and the relative weight of each criterion or category of criteria that will be used to evaluate the proposals;
(4) statement of how price will be evaluated. In addition, the following statements regarding price must be included:
(i) a notice that prices shall be irrevocable until contract award, unless the proposal is withdrawn, and that offers may be withdrawn only after the expiration of ninety days (or such longer period as is specified in the solicitation) after opening of proposals, in writing received by the agency prior to award;
(ii) if applicable, request for cost breakdown of the proposed price;
(5) proposal submission requirements including requirements, if any, for the electronic submission of proposals; if applicable, that technical and price proposals shall be submitted in separate sealed envelopes (electronic or paper); and the time and date after which proposals will not be accepted as well as location of proposal submission;
(6) other information such as delivery dates or time frames within which the work must be completed. Where it is anticipated that a contract will extend beyond one year, the following information must be included in any solicitation, in addition to any other requirements of these Rules:
(i) a statement of intent to award a multi-term contract, and an estimate of the quantity of services required for the proposed contract period;
(ii) for client services only, a request for a proposal of a total price which shall be binding in the first year and may be negotiable from year to year thereafter;
(iii) that the multi-term contract is subject to modification or cancellation if adequate funds are not appropriated to the agency to support continuation of performance in any fiscal year succeeding the first;
(iv) that the multi-term contract is subject to modification or cancellation if the vendor's performance is not satisfactory;
(v) that the Contracting Officer shall notify the vendor as soon as is practicable that the funds are, or are not, available for the continuation of the multi-term contract for each succeeding fiscal year;
(vi) for client services only, whether proposers shall submit prices for the first year, for the entire period of performance, or for some portion of the period; and
(vii) a statement setting forth those costs (if any) for which the vendor will be reimbursed in the event of cancellation;
(7) general as well as special terms and conditions, if applicable;
(8) a notice of the proposer's rights to appeal certain decisions;
(9) a notice of the City's prompt payment policy, including an explanation of the requirements for invoicing;
(10) a requirement for acknowledgment of amendments;
(11) if applicable, a request for a description of experience in the line of work being considered (including references);
(12) if applicable and necessary in the judgment of the Contracting Officer, a request for description of staff capability along with the resumes of key individuals who will work on the contract;
(13) a notice that although discussions may be conducted with offerors submitting acceptable proposals, award may be made without any discussions;
(14) if applicable, provision on the submission and consideration of multiple or alternate proposals;
(15) a provision that proposers should give specific attention to the identification of those portions of their proposals that they deem to be confidential, proprietary information or trade secrets and provide any justification why such materials, upon request, should not be disclosed by the City. Such information must be easily separable from the non-confidential sections of the proposals;
(16) a notice that contract award is subject to the provisions of the MacBride Principles Law;
(17) a notice that contract award is subject, if applicable, to § 6-129 of the New York City Administrative Code (M/WBE and EBE Program), as well as to applicable provisions of federal, State, and other local laws and executive orders requiring affirmative action and equal employment opportunity;
(18) if applicable, a notice that contract award is subject to completion of a VENDEX questionnaire and review of that information by the Department of Investigation;
(20) where applicable, all information required pursuant to Section 312(a) of the Charter;
(21) the following statement: The New York City Comptroller is charged with the audit of contracts in New York City. Any vendor who believes that there has been unfairness, favoritism, or impropriety in the proposal process should inform the Comptroller, Bureau of Contract Administration, 1 Centre Street, Room 727, New York, NY 10007; telephone number (212) 669-2323; and
(22) name, address, and telephone number of contact person; and
(23) if applicable, information regarding multiple award task order contracts for services.
(b) Client Services RFPs.
(1) Requirement for a concept report. At least 45 days prior to issuing an RFP for a new client services program, the agency shall publicly release a concept report regarding such RFP.
(i) For the purposes of this section, the term "new client services program" shall mean any program that differs substantially in scope from an agency's current contractual client services programs, including, but not limited to, substantial differences in the number or types of clients, geographic areas, evaluation criteria, service design, or price maximums or ranges per participant, if applicable.
(ii) For the purposes of this section, the term "concept report" shall mean a document outlining the basic requirements of an RFP for client services contracts and shall include, but not be limited to, the following information:
(A) purpose of the RFP;
(B) planned method of evaluating proposals;
(C) proposed term of the contract(s);
(D) procurement timeline, including, but not limited to, the expected start date for the new contract(s), expected RFP issuance date, approximate proposal submission deadline and expected award announcement date;
(E) funding information, including but not limited to, total funding available for the RFP and sources of funding, anticipated number of contracts to be awarded, average funding level of contracts, anticipated funding minimums, maximums or ranges per participant, if applicable, and funding match requirements, if any;
(F) program information, including, but not limited to, as applicable, proposed model or program parameters, site, service hours, participant population(s) to be served and participant minimums and/or maximums;
(G) proposed vendor performance reporting requirements.
(iii) Notwithstanding the issuance of a concept report, the agency may change the above-required information at any time after the issuance of such concept report.
(iv) Prior to release of the concept report, the agency shall publish a notification of the release in five consecutive editions of the City Record and electronically on the City's website in a location that is accessible to the public.
(v) Upon release, the concept report shall be posted electronically on the City's website in a location that is accessible to the public.
(vi) Non-compliance with this section shall not be grounds to invalidate a contract.
(2) "Open Ended" RFPs. For a client services program in which there is available funding for more than the available responsible vendors, and for which the requirements and qualifications are unusually complex and difficult to predict (such as Uniform Land Use Review Procedures approvals of appropriate sites, licenses, etc.) and for which interested potential vendors may become qualified during the course of a year, the ACCO may designate the applicable RFP as an "open-ended RFP." If an RFP is so designated, the agency shall publish in the City Record quarterly a notice of solicitation, clearly stating that the RFP may be obtained at any time and that proposals may be submitted in response to the RFP on an on-going basis. When an agency decides to terminate the open-ended RFP, it shall publish such determination in the City Record.
(c) Proposal preparation time and form.
(1) Proposal preparation time shall be set to provide vendors a reasonable time to prepare their proposals. A minimum of twenty days shall be provided. For those proposals which are subject to § 6-129 of the New York City Administrative Code (M/WBE and EBE program), a minimum of twenty seven (27) days shall be provided. The manner in which proposals are to be submitted, including any forms for that purpose, shall be designated as a part of the RFP.
(2) For client services, the ACCO shall be responsible for ensuring that an extract or copy of the scope of work is available for public inspection upon request at the agency issuing the solicitation and that the notice of the solicitation includes a description of the proposed service area and the name and telephone number of an agency individual who can be contacted to provide a copy of the extract or the scope of work.
(d) Public notice.
(1) Notice of solicitation.
(i) Distribution. RFPs or notices of their availability and their notices of solicitation must be posted on the City's website in a location that is accessible to the public simultaneously with their publication. RFPs and their notices of solicitation must also be electronically mailed to a sufficient number of vendors, including all vendors on the appropriate citywide bidders list established by the CCPO pursuant to 9 RCNY § 3-02(f) at least twenty (20) days prior to the due date, or within the time frames authorized by 9 RCNY § 3-03(h). An agency may, upon request of a vendor, provide RFPs or notices by mail, fax, hand delivery, or otherwise. RFPs or notices of their availability may be electronically sent to vendors on agency-specific bidders lists, in addition to the appropriate citywide bidders list maintained by the CCPO, only with approval of the CCPO. For those proposals which are subject to § 6-129 of the New York City Administrative Code (M/WBE and EBE program), a minimum of twenty seven (27) days prior to the due date must be provided.
(ii) Publication. This subparagraph applies to RFPs above the small purchase limits except that it does not apply where vendors will be solicited from a PQL.
(A) Frequency. Notice of solicitation shall be published once in the City Record not less than twenty days before the proposal opening date with the exception of accelerated procurements, which shall appear not less than three business days before the proposal opening date.
(B) Content. Such notice must include:
((a)) agency name;
((b)) PIN;
((c)) title and/or brief description of the goods, services, or construction to be procured;
((d)) estimated quantity, if any;
((e)) how the solicitation documents may be obtained;
((f)) date and time by which, and the place where, proposals must be submitted and, for goods and standard services, where the identity of all proposers will be disclosed;
((g)) required vendor qualifications or eligibility requirements, if any;
((h)) identification of the citywide bidders list used; and
((i)) the name and phone number of the agency contact person, including email address, if applicable.
(C) [Repealed.]
(2) Notice of vendor selection.
(i) Frequency. Notice of vendor selection exceeding the small purchase limits shall be published once in the City Record within fifteen days after registration of the contract.
(ii) Content. Such notice shall include:
(A) agency name;
(B) PIN;
(C) title and/or brief description of the goods, services, or construction to be procured;
(D) name and address of the vendor;
(E) dollar value of the contract; and
(F) procurement method by which the contract was let.
(e) Competitive sealed proposals from prequalified vendors list. Proposals may be solicited from vendors who have been previously prequalified. A determination to employ selective solicitation within a particular category of procurement shall be made by the ACCO and approved by the CCPO prior to issuing solicitations, unless the CCPO, upon adequate assurances of an agency's capacity to comply with the applicable procedural requirements, has determined that such approval is not required for an agency's contracts or particular categories of contracts.
(f) RFP handling procedures.
(1) Pre-proposal or pre-solicitation conferences. Pre-proposal or pre-solicitation conferences may be conducted in the manner set forth in 9 RCNY § 3-02.
(2) Amendments to RFPs. Amendments to RFPs may be made in the manner set forth in 9 RCNY § 3-02.
(3) Modification or withdrawal of proposals. Proposals may be modified or withdrawn prior to the established due date in the manner set forth in 9 RCNY § 3-02. The established due date is either the time and date announced for receipt of proposals or receipt of modifications to proposals, if any, or if discussions have begun, it is the time and date by which best and final offers must be submitted.
(4) Late proposals and modifications. Any proposal or modification received after the established due date and time at the place designated for receipt is late and may be accepted only in the manner set forth in paragraphs (5) through (8) below.
(5) Handling and acceptance of late proposals. A late proposal may only be accepted when it is determined by the ACCO that it is in the best interest of the City to do so. In such event, the ACCO may hold open the receipt of proposals by no more than three hours during which time no other competing proposal may be opened. The ACCO may, upon written approval by the CCPO, hold open the receipt of proposals by longer than three hours, but until no later than the original submission time on the next business day; such approval may be given by the CCPO only where the need for holding the receipt of proposals open for a longer time arises from generally applicable emergency circumstances, such as weather or transit emergencies. An opened proposal shall eliminate the option of accepting any late proposal. Where an ACCO has determined that it is in the best interest of the City to accept a late proposal, any other late proposal received during the period of extension shall be similarly accepted.
(6) Documentation of late proposals. The ACCO shall, within one business day of such acceptance of late proposals, document the reasons that it is in the best interest of the City to approve the extension, the time extended, the name of any vendor(s) submitting a proposal received during the extension period established pursuant to paragraph (5) above, as well as an affirmative statement that no proposals were opened prior to the acceptance of the late proposal and that any other late proposal received during the period of extension was similarly accepted.
(7) Late modifications. A late modification of a successful proposal that makes its terms more favorable to the City shall be considered at any time it is received and, if accepted by the ACCO, shall be so documented in the Recommendation for Award.
(8) Record. A record shall be made of each request for acceptance of a late proposal or modification. A late proposal or modification that is not accepted by the ACCO shall not be opened until after registration of the contract.
(9) Receipt and Registration of Proposals. The identify of an offeror shall not be disclosed prior to the established date and time for receipt of proposals. Proposals shall not be opened publicly but shall be opened in the presence of two or more City employees. Proposals and modifications shall be time and date-stamped upon receipt and held in a secure place until the established due date and time. The agency shall disclose the identity of all proposers for goods and standard services on the due date and time of the proposals. After the date and time established for the receipt of proposals, a Register of Proposals shall be prepared and shall be open to public inspection after award of a contract. It shall include for all proposals the name of each offeror and the number of modifications received, if any.
(g) Evaluation Process. Award, if any, must be made to the responsible proposer whose proposal represents the best value to the City by optimizing quality, cost and efficiency and therefore is determined to be the most advantageous to the City, taking into consideration the price and such other factors or criteria that are set forth in the RFP. In evaluating the proposals, the agency may consider only price and the criteria set forth in the RFP. In considering price, the agency may use methods such as ranking technically viable proposals by price, evaluating price per technical point, or evaluating proposals in accordance with another combination of price and technical merit. Such methods may result in the agency selecting the highest technically rated proposer over another technically qualified proposer who offered a lower fee as a result of factors including, but not limited to, the selected vendor's superior technical skill and expertise, increased likelihood of timely completion, and/or ability to manage several projects simultaneously with lower overall costs to the City, including costs in City personnel time and consultants. However, for construction-related consulting services, including those procured through multiple award task orders, the agency shall rank proposers by technical merit, and then consider price by negotiating a fair and reasonable price with the highest technically ranked proposer(s). In ranking proposers for construction-related consultant services by technical merit, agencies must, except with the approval of the CCPO, provide a point preference of five percent (5%) of the total technical points earned to all proposers that are M/WBEs or State-certified M/WBEs before ranking proposers by technical merit. The point preference percentage, if any, shall be included in the RFP. Other methods for considering price, including using fee curves based on market-derived data with appropriate consideration of complexity, or evaluating proposals in accordance with another combination of price, technical merit and proposers' M/WBE or State-certified M/WBE status, may be used for construction-related consulting services only with the written approval of the CCPO.
(1) Evaluation committee. Proposals shall be reviewed by an evaluation committee consisting of no fewer than three persons with knowledge, expertise, and experience sufficient to make a fair and reasonable evaluation. If an RFP incorporates multiple competitions, each competition may be evaluated by a separate committee. The ACCO shall require each member of the evaluation committee(s) to submit a signed statement, in a format approved by the CCPO, agreeing to prohibitions on any conflicts of interest.
(a) Randomized evaluation process. If the ACCO determines that such a high volume of competing proposals is likely to be received that it will be infeasible for each member of the evaluation committee to read each proposal, the ACCO may, subject to the approval of the CCPO, establish a pool of appropriate evaluators and then randomly assign each proposal to at least three such evaluators for review.
(b) Outside evaluators. The evaluation committee may include persons who are not employed by the agency. In addition, the ACCO may determine, subject to the approval of the CCPO, that it is in the best interests of the City for the evaluation committee to include persons who are not employees of the City of New York, provided however that such non-City employees may not constitute a majority of the evaluation committee. Such persons must serve without financial compensation, but may be entitled to travel and other related expenses as may be reasonably incurred in the execution of their role as an evaluator.
(2) Rating sheets. Rating sheets or other written evaluation forms shall be used to evaluate proposals by the evaluators and each evaluator shall sign and date his or her rating sheets. Initial ratings may be amended and the amended ratings recorded on amended rating sheets. Copies of all initial and amended rating sheets or evaluation forms shall be maintained.
(3) Proposal discussions with individual offerors. The evaluation committee shall evaluate all proposals and may elect to enter into discussions with those whose proposals are acceptable or are reasonably likely to be made acceptable for any or all of the following purposes:
(i) promoting understanding of the City's requirements and the vendors' proposals and capabilities;
(ii) obtaining the best price for the City; or
(iii) arriving at a contract that will be most advantageous to the City taking into consideration price and the other evaluation factors set forth in the RFP.
(4) Conduct of discussions.
(i) Proposers shall be accorded fair treatment with respect to any opportunity for discussions and revisions of proposals.
(ii) The ACCO shall establish an agenda and schedule for conducting discussions.
(iii) If there is a need for any substantial clarification of, or change in, the RFP, the RFP must be amended to incorporate such clarification or change and shall be provided to all proposers.
(iv) Auction techniques (revealing one proposer's price to another) and disclosure of any information derived from competing proposals are prohibited.
(v) Any oral clarification of a proposal shall be confirmed in writing by the proposer.
(5) Best and final offers. Best and final offers are the revised and corrected final proposals submitted by proposers after discussions, if any, have been held by the procuring agency.
(i) The ACCO shall establish a common date and time for the submission of best and final offers.
(ii) Best and final offers shall be submitted only once unless the ACCO makes a determination that it is in the City's best interest to conduct additional discussions and/or require another submission of best and final offers.
(iii) Proposers shall be informed that if they do not submit a notice of withdrawal or another best and final offer, their immediate previous offer will be construed as their best and final offer.
(iv) All best and final offers shall be recorded on the Register of Proposals and handled in accordance with the control procedures contained in these Rules.
(v) The ACCO may request best and final offers on the whole proposal or on any one or combination of its component parts (e.g., price, technical qualifications, approach, and/or capability). The request shall be the same for all proposers.
(vi) Best and final offers shall be evaluated in accordance with this subdivision.
(vii) For construction-related consulting services, in the event that the agency has chosen to negotiate a fair and reasonable price with the top-ranked proposer, if such a fee is not successfully negotiated, the agency may conclude such negotiations, and enter into negotiations with the next ranked vendor(s), as necessary.
(6) Contract proposals from vendors that are M/WBEs or State-certified M/WBEs for the purchase of goods, and standard and professional services except for construction-related consulting services. Proposals submitted by such M/WBEs or State-certified M/WBEs must, except with the approval of the CCPO, be provided one of following quantitative preferences, as determined by the ACCO:
(i) Ten percent (10%), or such other percentage approved by the CCPO, of the total technical points earned in the evaluation of the proposal; or
(ii) If such proposal's score was above a minimum threshold set forth in the RFP for quality on the weighted criteria as established in the solicitation, either a price preference of ten percent (10%), or such other percentage approved by the CCPO, or a point preference of ten percent (10%) of the total technical points earned in the evaluation of its proposal, or such other percentage approved by the CCPO, as to be determined by the ACCO.
The point or price preference percentage, if any, shall be included in the RFP.
(h) Construction-related services.
(1) There are two categories of construction-related services that an agency may procure: Non-Complex and Complex.
(2) Where applicable for the procurement of Non-Complex and Complex construction-related services, the following alternative source selection procedures may be utilized.
(i) Non-complex construction-related services. Prior to utilizing either of the two alternative source selection procedures described in this subparagraph, the ACCO must determine what constitutes for the agency Non-Complex construction-related services and submit this definition to the CCPO for approval. The ACCO must additionally provide the basis for a determination that the particular service being procured conforms to the agency's CCPO approved definition of a Non-Complex construction-related service. The approved CCPO definition and the basis for the determination that the particular service conforms to that definition shall be included in the agency contract file.
(A) Alternative #1. To procure a particular Non-Complex construction-related service, the agency prepares a scope of services, randomly selects a vendor from the appropriate PQL, and offers the project to the selected vendor based upon an applicable, updated OMB fee-curve scale or an appropriate fee-curve scale developed by the agency and approved by OMB. A vendor will have at least seven days to accept or reject the project.
(B) Alternative #2. The agency prepares an RFP and solicits technical and cost proposals from a minimum of three vendors selected randomly and/or rotationally from the appropriate PQL. The selected vendors will have at least fifteen days to respond. The agency will evaluate the submitted proposals and enter into negotiations with the vendor(s) offering the best combination of technical quality and price.
(ii) Complex construction-related services. The agency prepares an RFP and solicits technical and cost proposals from vendors selected randomly, rotationally, and/or based on a determination that a vendor(s) is the best qualified from the appropriate PQL. Where only random and/or rotational selection is utilized, a minimum of three vendors shall be selected; where selection based on a best qualified determination is utilized, either alone or in combination with random and/or rotational selection, a minimum of five vendors shall be selected. The selected vendors will have at least twenty days to respond. The agency will evaluate the submitted proposals and enter into negotiations with the vendor(s) offering the best combination of technical quality and price.
(i) Mistakes in proposals.
(1) Confirmation of proposal. When the ACCO knows or has reason to conclude before award that a mistake has been made, he or she should request the proposer to confirm the proposal. If the proposer alleges mistake, the proposal may be corrected or withdrawn during any discussions that are held or if the conditions set forth in this subdivision are met.
(2) Mistakes discovered after receipt of proposals but before vendor selection.
(i) During discussions prior to best and final offers. Once discussions are commenced with any proposer or after best and final offers are requested, any offeror may correct any mistake by modifying or withdrawing the proposal until the time and date set for receipt of best and final offers.
(ii) Minor informalities. Minor informalities, unless otherwise corrected by an offeror, shall be treated in accordance with 9 RCNY § 3-02(m)(3)(i).
(iii) Correction of mistakes. If discussions are not held or if the best and final offers upon which award will be made have been received, mistakes may be corrected and the intended correct offer considered only in accordance with 9 RCNY § 3-02(m)(3)(ii).
(3) Mistakes discovered after vendor selection. Mistakes shall not be corrected after vendor selection except in accordance with 9 RCNY § 3-02(m)(4).
(4) Determinations required. When a proposal is corrected or withdrawn, or correction or withdrawal is denied, a determination shall be prepared in accordance with 9 RCNY § 3-02(m)(5).
(j) Multiple Award Task Order Contracts.
(1) Determination. Multiple award task order contracts for goods or services may be awarded upon a determination by the ACCO that it is in the best interest of the City to award multiple contracts for services to multiple contractors and to allocate work among such contractors through a task order system. If an agency intends such contracts to be available for use by other City agencies, the provisions of 9 RCNY § 3-14 (Contracts for Services) shall also apply. The criteria to be considered by the ACCO in making such determination may include the following: the nature of the services to be procured; the expected frequency of task order issuance; the capacity of vendors to provide all of the required services within the required timeframes; and the potential advantage of multiple contracts (e.g., more favorable terms; more competitive pricing, etc.).
(2) Method.
(i) Multiple awards may be made for contracts for goods or services, pursuant to requests for proposals, in conjunction with the procedures prescribed in this subdivision. Such request for proposals, and the subsequent contracts, shall state the procedures and criteria to be used in selecting the vendor to perform on an individual task order for services or purchase order for goods.
(A) For services other than standard services, such procedures and criteria shall provide that each vendor shall receive each solicitation and have a reasonable opportunity to compete to provide the services, unless an alternative method of assigning task orders, as set forth below, is determined by the CCPO to be in the City's best interest and is set forth in the request for proposals and the contract. In the event that such alternative method is used, each selected vendor shall receive notice of assignment of each task order, regardless of whether each selected vendor received the solicitation for the task order.
(B) For goods and standard services, the agency may:
((a)) select the vendor that represents the best value to the City for that particular task order or purchase order, based on each vendor's contract, or,
((b)) solicit offers for each task order or purchase order from all awarded vendors. If the agency solicits offers for each task order or purchase order, each vendor shall receive each solicitation and have a reasonable opportunity to compete to provide the standard services or goods. The agency may set forth an alternative method of assigning task orders or purchase orders if it is determined by the CCPO to be in the City's best interest and is set forth in the request for proposals and the contract. In the event that such alternative method is used for standard services, each vendor with a contract shall receive notice of assignment of each task order at the time each task order is issued, regardless of whether each vendor with a contract received the solicitation for the task order.
(ii) The following list constitutes acceptable alternative methods of assigning task orders:
(A) rotation, or other non-discretionary method of assignment, including where assignment pursuant to such method may be varied based on stated criteria (e.g., capacity or past performance);
(B) assignment to or competition among particular vendor(s) with technical expertise particularly suited to the task order;
(C) assignment to a particular vendor based on a vendor's particular geographic location, experience or knowledge;
(D) assignment to a particular vendor based on the agency's need to distribute task orders among vendors; and
(E) Any other method approved by the CCPO as set forth in the RFP.
(iii) In the event that a vendor selected pursuant to one of the selection methods in paragraphs (i) or (ii) above is unable to perform the services on an individual task order or provide the goods to be purchased pursuant to an individual purchase order for reasons such as lack of capacity or conflict of interest, the agency may disqualify that vendor for purposes of that task order and select another vendor with approval of the CCPO.
(iv) Each vendor shall be required to respond to every solicitation for an individual task order or purchase order for which it is solicited. The ACCO may determine that a vendor is in default if it fails to bid without an adequate explanation for such failure.
(v) Price shall be among the criteria considered in making individual vendor selection decisions, and no task order shall be issued unless the ACCO determines that the proposed price is fair and reasonable. Prices set forth in a multiple award contract shall represent maximum prices that may be set forth in individual task orders issued to that vendor.
(3) Duration. Unless otherwise approved by the CCPO, contracts awarded pursuant to this section shall have an initial term, or a total term including all renewals, of not more than three years. Task orders or purchase orders may extend beyond the expiration of the contract term, in which event the terms and conditions of the contract shall continue to apply to the task order until its termination or expiration. Task orders or purchase orders shall have a maximum term of three years or, if issued for a specific project, until the specific project is completed. Notwithstanding the above, a task order or purchase order may be extended beyond or further extended beyond the expiration of the contract term, or beyond the expiration of the task order or purchase order, with approval of the CCPO.
(k) Vendor Selection and Documentation. The ACCO shall make a determination showing the basis on which the contract award was made to the responsible proposer whose proposal was determined to represent the best value to the City and therefore to be the most advantageous to the City, taking into consideration the price and such other factors or criteria that are set forth in the RFP. This determination shall be included in a Recommendation of Award. Each Recommendation for Award shall include at a minimum the following information:
(1) justification of the award;
(2) if the award is for goods, services, or construction for which there is agency price history, a price comparison of the proposed price versus previous price, if applicable, with the rationale for any increases supported by cost/price analysis data;
(3) reasons for multiple award, and multiple award task order contracts;
(4) any special terms and conditions included in the proposed contract via the use of cost/price analysis techniques;
(5) affirmative finding of responsibility for the selected proposer(s); and
(6) efforts to negotiate better value. Upon determination of the most favorable proposal and after obtaining all required approvals, the Contracting Officer shall award the contract to that proposer.
(Amended City Record 1/29/2016, eff. 3/1/2016 & 7/1/2016; amended City Record 12/2/2019, eff. 1/1/2020)