NYC 9/11 Public Portal Document
JUL-W-LUuA J4.1J UCY t1U o7D 34b1 r.b4/t]4
NEW YORK CITY CHARTER of 313
3ltoring Cary residents, it is necessary to require agencies to evaluate the
period benefits of proposed service contncn costs and
Thousand dollar that result in valued at mote than one hundred
equly- displacement or a City cmployc. Sound
procurement practice requires an
1 to the and geneitt, of providing a Knitsassessment by the agency of the costs
in-house prior to any determination io
td final solicit bias or proposals, o dctermirudon of the
vides; the same Ibyire by contracuagrout casts and benefits of pro-
tinar- and A comparison of the two.
Ti,, legislation is designed to emnre
Ierc'si of the ritlaens of the City of Newthat a contract is in the best in.
York and its employcq. Such
er s that legislation is not intended to delay or impede
service process of the City, upon dine nomu) conuaceiob
stained 5 313. Competitive sealed bidding.
in, but
fired to
2. The agency letting [he contract may
2
q for the interest of the city reject all bids if it shall dam
a plan so to do; if not, it shall, without other
t need •ur approval. award the contract consent
to the lowest responsible bidder,
sitions Flit• mayor shall determine unless
in writing, justifying the reasons
ch as. -t Is in the best interest of the city therefor, that
that a bid other than that of the
in the 'esponsible bidder shall be accepted. Such lowest
shed in the City Record. Tie determination shall be pub-
bids are to be decided by the agency
ry em. dm contract and the award letting
made. Whenever a contract is awarded
d turn the lowest bidder because the to other
lowest bidder is determined by
I; a
.Haney not to be a responsible bidder or
.anted by the agency to not meet (he because the lowest bid is deter.
the
ation;
tut the invitation for bids, requirements and criteria set forth
+ages, the agency making such
,tw.rding such contract shall determination and
,I, termination and shall file immediately notify the lowest bidder of such
in the Agency contract file a
.a the reasons therefor. statement in detail
com-
ndred
g the HISTORICAL NOTE
Subd. b par 2 amended L.L 3/1997 1 2. e0,
Ivan- Jan. 23. 1997.
etion CASE NOTES
ppm- I I. The City Sought to bypass me 'lowest responsible bidder
e the eontnctn involving a combiesion or public work rule an
work. The gun, howevee. held than and utility interference
atici- this procedure would be improper. In
other wordy, in the even[ that the lowest
uired portion or the work differed from She leweal responsible bidder on the public
this age (city wort plus utility work), dire City would respoeieibk bid on the pack.
things' (I) reject all bids and call for have to do tither of two
bidder on the package project was also rnubmission of bids until the lowest
portion or the work: or (3) the Mayer the lowest bidder an the public
curement Policy Beard and publish in thewould City
have to file with the Pro-
the City accepted a bid even though another Record an erplanadon why
On the public portion or the work bid Contained a lower price
507crs, Matter of HuM (the cost of which was borne by era.
A
N.Y S.2d 994 tSup Newa York Co. 1993)
'1 2. Section 103 of the Genml Municipal Law
1St M¢e.2d 759.
contracts must be awarded to the lowest provides that ritual
amewne prodded by an er at the responsible bidder, except as
fine Irgulyure or by a loyal law
adopted prior to September I.
92 N.Y.1d 244, 678 N. Y.5.301053. In Diamond Asphalt Cory. v. Synder,
563 (1998), a law bidder who was no
awarded a contract challenged the
m anyone other than She lowest bidder.Mayor's authority to award She conoacs
In
Ciry Charter 313(b)(2) qualified as a localresponse, the City argued That
Genml Municipal Law See. 103. Specifically, law within the meaning of
when the City Charter war revised in 1989 the City contended that
and laser approved by She
39
NYC-WTC 000137892
OCR can misread numbers and units. Confirm readings against the page image before using them.