REQUEST FOR PROPOSALS - DDC Document Exchange - NYC.gov

Appendix A December 2010 Final
Contractor shall retain all documentation generated in the best available technology selection process for as long as
the selected best available technology is in use.
B. No Contractor shall be required to replace best available technology for reducing the emission of
pollutants or other authorized technology utilized for a diesel-powered Nonroad Vehicle in accordance with the
provisions of this Part III within three years of having first utilized such technology for such vehicle.
C. This Part III shall not apply to any vehicle used to satisfy the requirements of a specific Public Works
Contract for fewer than twenty calendar days.
D. The Contractor shall not be required to comply with this Part III with respect to a diesel-powered
Nonroad Vehicle under the following circumstances:
1. Where the agency makes a written finding, which is approved, in writing, by the DEP Commissioner, that
the best available technology for reducing the emission of pollutants as required by those paragraphs is
unavailable for such vehicle, Contractor shall use whatever technology for reducing the emission of
pollutants, if any, is available and appropriate for such vehicle.
2. Where the DEP Commissioner has issued a written waiver based upon the Contractor having demonstrated
to the DEP Commissioner that the use of the best available technology for reducing the emission of
pollutants might endanger the operator of such vehicle or those working near such vehicle, due to engine
malfunction, Contractor shall use whatever technology for reducing the emission of pollutants, if any, is
available and appropriate for such vehicle, which would not endanger the operator of such vehicle or those
working near such vehicle.
3. In determining which technology to use for the purposes of subsections (D)(1) and (D)(2) above,
Contractor shall primarily consider the reduction in emissions of particulate matter and secondarily
consider the reduction in emissions of nitrogen oxides associated with the use of such technology, which
shall in no event result in an increase in the emissions of either such pollutant.
4. Contractors shall submit requests for a finding or a waiver pursuant to this subsection (D) in writing to the
DEP Commissioner, with a copy to the ACCO of the Department issuing the solicitation. Any finding or
waiver made or issued pursuant to subsections (D)(1) and (D)(2) above shall expire after one hundred
eighty days, at which time the requirements of subsection A shall be in full force and effect unless the
agency renews the finding, in writing, and the DEP Commissioner approves such finding, in writing, or the
DEP Commissioner renews the waiver, in writing.
E. The requirements of this Part III do not apply where they are precluded by federal or State funding
requirements or where the contract is an emergency procurement.
IV. Section 24-163 of the Administrative Code. Contractors shall comply with Section 24-163 of the New York
City Administrative Code related to the idling of the engines of motor vehicles while parking.
V. COMPLIANCE
A. Contractor’s compliance with these provisions may be independently monitored. If it is determined that
the Contractor has failed to comply with any provision of this rider, any costs associated with any independent
monitoring incurred by the City shall be reimbursed by the Contractor.
B. Any Contractor who violates any provision of this Article, except as provided in subsection (C) below,
shall be liable for a civil penalty between the amounts of one thousand and ten thousand dollars, in addition to twice
the amount of money saved by such Contractor for failure to comply with this Article.
C. No Contractor shall make a false claim with respect to the provisions of this Article to a City agency.
Where a Contractor has been found to have done so, such Contractor shall be liable for a civil penalty of twenty
thousand dollars, in addition to twice the amount of money saved by such Contractor in association with having
made such false claim.
VI. REPORTING
A. For all Public Works Contracts covered by this Article, the Contractor shall report to the Department the
following information:
Page 30 of 33