Flushing Library Contract eBook

(c) Brand Name Specifications . (1) Policy. When a brand name only specification is used, the ACCO shall document the reasons for its use. When brand name or equal specifications are used, one or more brand name(s) and the salient characteristics of the brand name(s) shall be set forth in the solicitation. (2) Acceptable Brands Lists. DCAS is solely responsible for the promulgation, modification, or revocation of acceptable brands lists, and has final authority for accepting for inclusion any brand on such lists. All agencies must rely, where practicable, on a DCAS acceptable brands list in specifying goods to meet their continuing requirements. Acceptable brands lists shall be reviewed at least every two years and vendors may apply for inclusion at any time. DCAS shall approve or deny a vendor’s application within a reasonable period of time. (3) Public Notice. Notice of the intention to establish an acceptable brands list, together with an invitation to apply for inclusion on that list, shall be continuously published by DCAS in the City Record. In addition, a list of all goods for which an acceptable brands list has been established, together with an invitation to apply for inclusion on that list, shall be continuously published by DCAS in the City Record. Both advertisements shall describe how and when products may be offered for consideration. PRICE/COST ANALYSIS. Prior to vendor selection, the ACCO shall determine that the contract price is fair and reasonable by using price analysis and, where appropriate, cost analysis, as these terms are defined in these Rules, to make this determination. RESPONSIVENESSOF BIDS/PROPOSALS. (a) Policy . A responsive bid or proposal is one that complies with all material terms and conditions of the solicitation and all material requirements of the specifications. The ACCO shall make a determination of responsiveness prior to award. (b) Determination of Non-Responsiveness . If the lowest price bid or any proposal is found non-responsive, a determination, setting forth in detail and with specificity the reasons for such finding, shall be made by the ACCO. A copy of such determination shall be mailed to the non-responsive vendor no later than two business days after the determination is made, and the agency shall inform the vendor of the right to appeal as set forth herein. Such notice shall also inform the vendor that, if an appeal is taken, award of the contract shall be stayed pending the determination of the Agency Head, unless the ACCO makes a determination and informs the vendor, pursuant to subdivision (e) of this Rule, that the award will not be stayed because proceeding with the award without delay is necessary to protect substantial City interests. Section 2-06 Section 2-07

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