US Laws, Codes, Statutes & Cases

 
    §  333. Evaluation and monitoring of contractor performance.  a.  Each
  agency  letting  contracts  shall  monitor  the  performance  of   every
  contractor.  Information with respect to contractor performance shall be
  maintained  in  a  central  place  in  accordance  with subdivision c of
  section three hundred thirty-four.
    b. 1. If a borough president determines there is reason to  believe  a
  term  or condition of a contract providing for the delivery of  services
  in the borough is not being complied with and that the  contract  should
  be  terminated for noncompliance, modified, not renewed, modified at the
  time of renewal, or that the existing terms of the  contract  should  be
  enforced,  the  borough  president shall document in writing the reasons
  for  that  determination  and  present  such   determination,   with   a
  recommendation  for   appropriate action, to the agency head for review.
  In the case of a recommendation that a contract should not be renewed or
  should be modified at the time of renewal, such recommendation shall  be
  made  to  the  agency head at least one hundred and twenty days prior to
  the expiration of the contract.
    2. The agency head shall respond to the borough  president's  findings
  within  ten business days from receipt of such findings, indicating what
  action, if any, shall be taken. If such action is  not  satisfactory  to
  the  borough  president, the borough president shall, within thirty days
  of receipt of such responses, be authorized to require that a hearing be
  held in the borough by a contract performance panel  consisting  of  the
  public  advocate,  the comptroller and the mayor, or their designees, to
  receive the testimony of the  borough  president  and  other  interested
  persons  on  the borough president's recommendations.  The hearing shall
  be held within twenty days from the borough president's request for  the
  hearing. The head of the agency which procured the services in question,
  or  a designee of such agency head, and the contractor whose performance
  is being evaluated, shall have the right, and it  shall  be  their  duty
  when requested by the panel, to appear and be heard.
    3.   The panel shall recommend, within thirty days of the date of such
  hearing, such action as it deems appropriate and shall promptly  deliver
  its recommendations in writing to the agency head, borough president and
  contractor. Within thirty days of receipt of the panel's recommendation,
  the  agency  head  shall respond in writing to the panel and the borough
  president, indicating which of  the  panel's  recommendations  shall  be
  acted upon and what, if any, alternative action will be taken.
    4.   In the case of any contract regarding which more than one borough
  president has submitted a determination in accordance with paragraph one
  of this subdivision, the  agency  receiving  such  determinations  shall
  notify  each  such borough president of the agency response submitted in
  accordance with paragraph two of this subdivision.  A hearing,  if  any,
  held shall include the comments of all such borough presidents.