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The New York City RFP Process: Frequently Asked Questions Prepared by Human Services Council
Q: Why must an organization compete for City contracts when they have a long-standing record of effectively providing a particular service?
A: The City is obligated by law to use a competitive method to procure any goods or services it needs. A competitive process must be used even if there appears to be only a single provider that offers the required service.
Q: Why does the City resolicit services when they already have a reliable provider in place?
A: Contracts may not be awarded in perpetuity. The City is required by law to ensure the highest level of competitiveness in the procurement process.
Q: Why does the City use a competitive sealed proposal process, otherwise known as a request for proposal (RFP), to award client services contracts?
A: According to the City Charter, proposals are to be solicited through an RFP when factors other than price are considered in making an award. According to the City’s Procurement Policy Board (PPB) Rules, the RFP is the preferred method for awarding contracts for client services.
Q: How often are City agencies required to “RFP” their contracts?
A: City agencies are required to “RFP” their contracts every 3, 6, or 9 years. The frequency of the RFP depends on whether the services are in Category One, Category Two or Category Three. Category One contracts are awarded for up to three years. Category Two contracts are awarded for up to six years. Category Three contracts are awarded for up to nine years.
Q: How do we know what services are within each Category?
A: All services not within Categories Two and Three are treated as Category One. Examples of Category Two services include daycare, head start and homemaker services; youth programs and community development programs; alcohol and substance abuse programs; and disaster relief programs. Examples of Category Three services include foster care and preventive services, direct mental hygiene services, AIDS housing, and domestic violence shelters.
Q: How do I get information about current RFPs?
A: The City posts notice of all RFPs along with notice of all other contract opportunities, at www.nyc.gov/cityrecord. The City also maintains mailing lists of providers interested in receiving notification of contract opportunities.
A provider may contact the City’s Vendor Enrollment Center at www.nyc.gov/html/selltonyc/html/new_vendors.html to be included on such mailing lists.
Q: How do I get notice of upcoming RFPs?
A: Annually, each City agency awarding client services contracts issues a plan and schedule detailing the procurement actions anticipated with respect to each contract set to expire and/or planned for continuation during the upcoming fiscal year. A draft plan is due within 30 days following the submission of the executive budget. The approved final plan is required to be issued no later than September 30 of that year.
A link to each agency’s Human Service Plan can be found on the Mayor’s Office of Contract Services website at www.nyc.gov/html/mocs/html/research/human_services.shtml
Q: What does a “concept report” have to do with an RFP?
A: At least 45 days prior to releasing an RFP for a new or substantially restructured human services program, the City publishes a “concept report” describing the initiative so that potential providers and interested members of the public can have an opportunity to comment on the program design. Notification of the concept report is published in the City Record. Upon release, the concept report is posted electronically on the City agency’s website.
Q: What happens during the time between when the City agency selects a provider and the City agency submits the contract to the Comptroller for registration?
A: After the provider is selected, the City agency conducts its responsibility review and submits the contract to the City’s oversight agencies for their review.
Q: Which City agencies need to review a contract before it goes to the Comptroller for registration?
A: As part of the responsibility determination, the City agency responsible for the contract consults with the Department of Investigation (DOI) to determine whether the provider or any of its affiliates have been the subject of a DOI investigation. The City agency also consults with the Division of Labor Services to determine if the provider has complied with all labor and equal employment opportunity policies. Before the contract can go to the Comptroller, it is also subject to review by the City’s Law Department, the Mayor’s Office of Contract Services and the Office of Management and Budget.
Q: What recourse does a provider have if it wants to object to a City agency’s decision regarding a contract award?
A: A provider may file a protest with the commissioner of the City agency making the award. The protest must be filed within ten days after the provider learned of the facts that prompted the protest (but not later than 10 days after the publication of the notice of award).
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