Flushing Library Contract eBook

(e) Appeal . All non-responsive determinations may be appealed as set forth herein. (1) Time Limit. A vendor shall have five days from receipt of the determination of non-responsiveness to file an appeal with the Agency Head. Receipt of notice by the vendor shall be deemed to be no later than five days from the date of mailing or upon delivery, if delivered. Filing of the appeal shall be accomplished by actual delivery of the appeal document to the office of the Agency Head. The vendors shall also send a copy of its appeal, for informational purposes, to Office of the New York City Comptroller, Bureau of Contract Administration, 1 Centre Street, Room 727, New York, NY 10007. (2) Form and Content. The appeal shall be in writing and shall briefly state all the facts or other basis upon which the vendor contests the finding of non- responsiveness. Supporting documentation, if any, shall be included. (3) Stay of Award of Contract Pending Agency Head Determination. Award of the contract shall be stayed pending the determination of the Agency Head, unless the ACCO makes a determination that proceeding with the award without delay is necessary to protect substantial City interests. Where such a determination is made, the vendor shall be advised of this action in the determination of non-responsiveness or, if the stay is removed at any time after the vendor has been notified of determination of non-responsiveness, notification shall be provided to the vendor no later than two business days after such determination is made. The Agency Head shall consider the appeal, and may, in his or her sole discretion, meet with the vendor to discuss the merits of the appeal. The Agency Head shall make a prompt determination with respect to the merits of the appeal, a copy of which shall be sent to the vendor. The Agency Head’s determination shall be final. The Agency Head shall not delegate the authority to make a determination on the appeal to the ACCO.

Section 2-08

VENDOR

RESPONSIBILITY

AND

APPEAL

OF

DETERMINATION OF NON-RESPONSIBILITY.

(a) Policy. (1)

Purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only. (2) The award of a contract to a contractor based on lowest evaluated price alone can be false economy if there is subsequent default, improper or exaggerated claims, late deliveries, or other unsatisfactory performance resulting in additional contractual and administrative costs. While it is important that City purchases be made at the lowest price, this does not require an award to a contractor solely because that contractor submits the lowest offer. A prospective contractor must affirmatively demonstrate its responsibility, including, when necessary, the

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