Flushing Library Contract eBook

(e) Procurements Funded by Line Item Appropriations or Discretionary Funds . The source selection requirements of these Rules shall not apply to contract awards made from line item appropriations and/or discretionary funds to community-based not-for-profit organizations or other public service organizations identified by elected City officials other than the Mayor and the Comptroller. All other provisions of these Rules shall apply to such procurements. In addition, for all such procurements, the appropriate elected official, his or her designee, or, in the case of a contract to be administered by a Mayoral agency, the ACCO of the agency administering the contract, shall certify that all procedural requisites established by the elected official or by the agency administering the contract have been met. (f) Transactions Not Subject to These Rules . These Rules shall not apply to the following transactions, provided the ACCO determines that the process to be followed is in the best interest of the City and states the basis therefor: (1) grants or contracts between City agencies and other governments or any public authority or public benefit corporation except as provided by the Government-To-Government Purchases rule; (2) the provision of work or services by public utilities regulated by the New York State Public Service Commission (such as local telephone service, electric light and power, gas, water, and steam) for which the rates charged to customers have been tariffed in accordance with the provisions of the Public Service Law, or for which there are no practical competitive alternatives; (3) the provision of cable television services or other public service regulated by the New York State Public Service Commission, or any interstate public utility regulated by either the Federal Energy Regulatory Commission or the Federal Communications Commission; (4) memberships in professional associations, and (5) subscriptions, including electronic subscriptions, for magazines and periodicals, orders for books and “off-the-shelf” training videotapes, and attendance at standard commercially-available training seminars. (g) Severability . If any provision of these Rules or any application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of these Rules that can be given effect without the invalid provision or application, and to this end the provisions of these Rules are declared to be severable. (h) Ratification of Minor Rules Violations . (1) Prior to Registration. If, prior to registration, it is determined by the ACCO that a procurement is in violation of these Rules, and the violation has been deemed to have had no significant, adverse impact on the competitive process, then as soon as practicable after discovery, the ACCO shall either:

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