Flushing Library Contract eBook

approvals or determinations required by this section shall not be delegated, unless otherwise stated herein. (b) Procedures. (1) Preliminary Discussions. An agency may engage in preliminary discussions with a vendor to explore the feasibility of a proposed negotiated acquisition. Discussions are not negotiations for the selection of a vendor. (2) The ACCO shall justify the use of the negotiated acquisition method by making a determination that it is not practicable and/or advantageous to award a contract by competitive sealed bidding or competitive sealed proposals due to one or more of the following circumstances and the basis thereof: (i) there is a time-sensitive situation where a vendor must be retained quickly because: (A) an agency needs to respond to a court order, stipulation, or consent decree; (B) funds available from a source outside the City will be lost to the City;

(C) an existing vendor has been terminated, has defaulted, has withdrawn from, or has repudiated a contract, or has become otherwise unavailable, or an agency has decided not to renew or extend an existing contract in the best interest of the City and the agency requires a substitute or successor vendor; or (D) a compelling need for goods, services, construction, and/or construction-related services exists that cannot be timely met through competitive sealed bidding or competitive sealed proposals; (ii) there is a limited number of vendors available and able to perform the work; (iii) there is a compelling need to extend a contract one or more times beyond the now-permissible cumulative twelve-month limit, provided that the vendor’s performance is satisfactory or that any deficiencies have been or are addressed or are effectively addressed through a corrective action plan, and the extension(s) is for the minimum time necessary to meet the need; (iv) there is a need to procure legal services or consulting services in support of current or anticipated litigation, investigative or confidential services: (A) in the case of legal services or consulting services in support of

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