New York Alternatives To Competitive Sealed Bidding.
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§ 317. Alternatives to competitive sealed bidding. a. If, in
accordance with section three hundred twelve, an agency determines that
the use of competitive sealed bidding is not practicable or not
advantageous to the city, the agency shall select the most competitive
alternative method of procurement provided for by sections three hundred
eighteen through three hundred twenty-two which is appropriate under the
circumstance. Each agency contract file shall contain documentation of
such determination and of the basis upon which each contract is awarded,
as is required by the procurement policy board.
b. Each contract for goods, services or construction in value of more
than five million dollars proposed by an agency to be awarded which is
let by other than (i) competitive sealed bidding, (ii) competitive
sealed bids from prequalified vendors, or (iii) competitive sealed
proposals, where the weight assigned to each of the factors or criteria
to be considered in selecting the proposal most advantageous to the city
was set forth in a writing filed in the agency contract file prior to
the opening of proposals, shall require the approval of the mayor prior
to its execution. Notwithstanding the preceding sentence, the mayor may,
where the mayor has determined that it is appropriate, exclude an
agency's contracts or a particular category of contracts from the
approval requirement of this subdivision.