Flushing Library Contract eBook

(v) other contracts where the ACCO has set forth with particularity the reasons that it is not practicable or advantageous to competitively resolicit proposals as often as every six years. (3) In an extraordinary case for compelling reasons, such as the need to finance a program through the issuance of long-term bonds or the need to obtain financing associated with securing a site that can only be obtained from a long term lease , a contract may be awarded for a term in excess of nine years and shall be coterminous with the financing provisions . For such an award, the determination of the CCPO that such a longer term is necessary shall be required. SPECIFICATIONS . (a) Policy . Specifications are used to obtain goods, services, and construction to fulfill the City’s needs in a cost-effective manner, taking into account, to the extent practicable, the costs of ownership and operation, as well as costs of acquisition. Therefore, specifications shall: (1) permit maximum practicable competition; (2) describe clearly the City’s requirements without favoritism toward a vendor or a vendor’s good, service, or construction; (3) to the extent practicable, be generic in nature and emphasize functional or performance criteria, while limiting design or other detailed physical descriptions to those necessary to meet the City’s needs; and (4) to the extent practicable, utilize accepted commercial standards, and limit unique requirements that would tend to favor a vendor or a vendor’s good, service, or construction. (b) Authority to Contract for Drafting of Specifications . The drafting of specifications may be performed by a vendor only upon a determination by the ACCO that it is in the best interest of the City to do so. Any vendor participating in the drafting of specifications shall not participate, in any manner, in a response to any subsequent solicitation utilizing such specifications, in whole or in part, unless, after reviewing the specifications, the ACCO determines, with CCPO approval, that the specifications do not favor a vendor or such vendor’s good, service, or construction, and it is in the City’s best interest to allow such participation and the basis thereof. Such prohibited participation shall include, but not be limited to, participating as a contractor or a subcontractor, or as a consultant to any contractor or subcontractor, responding to the solicitation using the specifications. The provisions of this subdivision shall apply to any vendor that has drafted any portion of the specifications used in a procurement, regardless of whether such vendor’s services were procured specifically for the drafting of those specifications, were procured as general consulting services, or were donated.

Section 2-05

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