Flushing Library Contract eBook

a payment of funds as performance rather than completing the work, in accordance with its obligations; and (3) there is a continuing need to complete all or part of the work. (d) Completion Pursuant to Contract Terms and Conditions. The agency may, consistent with the guidelines set forth below, include provisions in construction and construction- related service contracts for completion contracts to be used in the event of default or termination for cause. (1) The ACCO shall select from the following alternatives the most competitive alternative appropriate under the circumstances. The ACCO shall document the reasons that this is the most competitive alternative appropriate under the circumstances. The following methods, in decreasing order of competitiveness may be used: (i) solicitation of sealed bids through public notice. Notice of the availability of the IFB shall be publicly advertised at least once in the City Record. Individual notice to bidders in accordance with Section 3-02(e) of these Rules shall not be required, but the published notice shall contain all the information required by Section 3-02(e); (ii) award to either the next lowest responsive and responsible bidder or next most advantageous responsive and responsible proposer on the original solicitation at a price agreed upon between the bidder or proposer and the City; (iii) solicitation of sealed bids or proposals from a prequalified list prepared in accordance with Section 3-10 of these Rules; (iv) solicitation of sealed bids or proposals from a Special Completion Contract Bidders or Proposers List. The ACCO may develop a list of available vendors competent to perform the completion contract and seek bids or proposals from at least three such vendors; or (v) negotiation with one or more contractors or subcontractors on the site. (2) For the purpose of soliciting a completion contract, the Contracting Officer shall make the following documentation available to prospective contractors: (i) a copy of the original contract; (ii) contract changes which have been approved or for which approval is pending; (iii) available documentation and/or correspondence which would aid the prospective contractor’s understanding of the status and complexity of the

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