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§ 3-08 Small Purchases.
   (a)   Definition. Small purchases are those procurements in value of not more than $100,000 or those procurements made, pursuant to subparagraph (c)(1)(iv) below, in value of not more than the maximum amount authorized pursuant to paragraph (1) of subdivision (i) of section 311 of the Charter. This collectively shall be known as the small purchase limit. Procurements over $100,000 in value that are not made pursuant to subparagraph (c)(1)(iv) below, shall not be within the small purchase limit.
   (b)   Application. A procurement shall not be artificially divided in order to meet the requirements of this section. Changes to and/or renewals of small purchases shall not bring the total value of the procurement to an amount greater than the small purchase limit.
   (c)   Scope. 
      (1)   Competition Objective. 
         (i)   Public notice of solicitation and award, written decision to procure technical, consultant, or personal services, presolicitation review report, Recommendation for Award, vendor protests, written notice to the low bidder or offeror of non-responsiveness, VENDEX questionnaires (unless the total aggregate value of purchases, franchises, and concessions awarded to that vendor including this one during the immediately preceding twelve-month period equals or exceeds $250,000) and public hearing (unless the award is valued over $100,000) shall not be required for small purchases awarded, pursuant to this section. Notwithstanding any provision of this subparagraph, notice of award shall be made in accordance with paragraph (d)(2) for procurements made pursuant to subparagraph (c)(1)(iv) below.
         (ii)   Micropurchases. For procurements of goods and all services except construction the value of which is $20,000 or less, and for procurements of construction the value of which is $35,000 or less, no competition is required except that in making purchases below this limit, Contracting Officers must ensure that the noncompetitive price is reasonable and that purchases are distributed appropriately among responsible vendors, including M/WBE vendors. Documentation of such purchases must identify the vendor the item was purchased from, the item purchased, and the amount paid.
         (iii)   Small Purchases. Except for purchases made, pursuant to subparagraph (c)(1)(iv) below, for procurements of goods and all services except construction valued over $20,000 through the small purchase limit or procurements of construction valued over $35,000 through the small purchase limit, at least five vendors must be solicited at random from the appropriate citywide small purchases bidders list established by the CCPO for the particular goods, services, construction, or construction-related services being purchased, except where the bidders list consists of fewer than five vendors, in which case all vendors on the list must be solicited. Agencies may additionally employ any small purchase technique sanctioned by DSBS that is not otherwise in violation of these Rules. The agency may solicit additional vendors but only with the approval of the CCPO. Responsive bids or offers must be obtained from at least two vendors. For purposes of this section, a response of "no bid" is not a responsive bid. If only one responsive bid or offer is received in response to a solicitation, an award may be made to that vendor if the Contracting Officer determines that the price submitted is fair and reasonable and that other vendors had reasonable opportunity to respond.
         (iv)   M/WBE Noncompetitive Small Purchases. No competition is required for the procurement of goods, services, and construction from M/WBE vendors, except that in making purchases pursuant to this subparagraph, the Contracting Officer must attempt to obtain at least three price quotes from M/WBE vendors or document their inability to do so. The Contracting Officer must ensure that the noncompetitive price selected is reasonable and that purchases are distributed appropriately among responsible M/WBE vendors. Agencies shall not use this subparagraph to make any purchase for goods, services or construction, the value of which is less than or equal to the applicable micropurchase limits set in subparagraph (c)(1)(ii) above, or to make any purchase the value of which exceeds the maximum amount authorized pursuant to paragraph (1) of subdivision (i) of section 311 of the Charter. Additionally, agencies shall not make purchases pursuant to this subparagraph for human services.
      (2)   Solicitation Methods and Use. For purchases made, pursuant to subparagraph (c)(1)(iii) above, agencies must use a written solicitation describing the requirements, which must contain, at a minimum:
         (i)   a description of the item or service requested;
         (ii)   time, date, place, and form of requested response;
         (iii)   basis for award; and
         (iv)   name and telephone number of the Contracting Officer to whom inquiries may be directed.
   (d)   Award. 
      (1)   Determination. Purchases made, pursuant to subparagraph (c)(1)(iii) above, shall be awarded to the lowest responsive and responsible bidder or to the responsive and responsible offeror that has made the most advantageous offer. After such determination has been made and all necessary approvals have been obtained, the Contracting Officer must issue a purchase order or contract, as appropriate, to the successful bidder or offeror.
      (2)   Notice of Award. 
         (i)   Frequency. Notice of award for procurements made pursuant to subparagraph (c)(1)(iv) 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 or brief description of the goods, services, or construction 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)   Record. The procurement file for a small purchase shall include, at a minimum, any of the following that are applicable:
      (1)   name of the responsible Contracting Officer;
      (2)   date of contract award;
      (3)   purchase order or contract number;
      (4)   name and address of successful vendor, including the vendor's employer identification number;
      (5)   invoice and receiving documentation;
      (6)   description of goods, services, construction, and construction-related services;
      (7)   name of the bidder list or applicable commodity code;
      (8)   names of solicited vendors and bid amounts, if any;
      (9)   copy of advertisement or written solicitation;
      (10)   quotations and notations pertaining to oral bid solicitations;
      (11)   written bids and offers;
      (12)   all correspondence;
      (13)   bid tabulations; and
      (14)   written basis of award, including a determination that the award is fair and reasonable for small purchases made, pursuant to subparagraph (c)(1)(iv) above.
(Amended City Record 1/29/2016, eff. 3/1/2016; amended City Record 10/1/2018, eff. 11/5/2018; amended City Record 12/2/2019, eff. 1/1/2020; amended City Record 5/4/2023, eff. 6/3/2023)