N.Y. Public Housing Law § 633: Contracts of the trust

§ 633. Contracts of the trust. 1. Notwithstanding any provision of law

to the contrary, including but not limited to article eight of this

chapter, the trust shall establish and maintain procurement policies

that shall set forth the methods and procedures by which the trust shall

procure contracts for goods and services, including but not limited to

services for design, development, construction, reconstruction,

improvement, modernization, rehabilitation, repair and operation,

related to property owned or leased by the trust, in a manner consistent

with the provisions of this article. Such policies shall specifically

include:

(a) a competitive sealed bidding process for the award of contracts in

which sealed bids are publicly solicited or solicited from a list of

prequalified bidders and opened and a contract is awarded to the lowest

responsive, responsible bidder;

(b) processes for awarding contracts for goods and services using

alternatives to competitive sealed bidding where competitive sealed

bidding is not practicable or not advantageous, in which case the trust

shall use the most competitive method of procurement that is appropriate

under the circumstances to select the proposer offering the best value

to the trust;

(c) a process for prequalifying bidders and proposers based on

criteria, which may include an entity's experience, past performance,

ability to undertake work, financial capability, responsibility,

reliability and status as a certified minority or women owned business

enterprise pursuant to article fifteen-A of the executive law or section

thirteen hundred four of the New York city charter;

(d) reasonable procedures to secure the meaningful participation of

minority and women owned business enterprises in the trust's procurement

process. The trust may use the same measures to enhance minority and

women owned business enterprise participation as are available to the

city pursuant to applicable law, including section 6-129 of the

administrative code of the city of New York;

(e) processes for awarding alternative project delivery contracts, in

a manner consistent with the terms of section six hundred thirty-four of

this article;

(f) procedures for the fair and equitable resolution of contract

disputes, for appeals of responsiveness and responsibility

determinations by the trust, and for appeals of prequalification

determinations;

(g) a process for making purchases off contracts procured by public

agencies and public entities, provided that such contract exists between

a vendor and (1) the United States General Services Administration, (2)

the state of New York or any of its political subdivisions, (3) another

public authority or public corporation of the state, (4) another public

housing agency or public housing authority, or (5) any purchasing

cooperative where the lead purchasing entity is any of the foregoing,

provided that in any case when the trust under this paragraph determines

that obtaining such item thereby would be in the public interest and

provide for greater economy and efficiency and sets forth the reasons

for such determination. Such rationale shall include, but not be limited

to, a determination of need, a consideration of the procurement method

by which the contract was awarded, an explanation why a competitive

procurement or the use of a centralized contract let by the commissioner

of the office of general services is not in the best interest of the

trust, and the reasonableness of cost; and

(h) a mechanism for procurements without a formal competitive process

where:

(1) the existence of an emergency involving danger to life, safety or

property requires immediate action and cannot await a competitive

process for goods or services to be purchased, including, but not

limited to, services for construction, reconstruction, rehabilitation,

alteration, renovation, maintenance or repairs, which are essential to

efficient operation or the adequate provision of service by the trust

and as a consequence of unforeseen circumstance such purchase cannot

await a competitive process;

(2) a procurement's value does not exceed fifty thousand dollars;

(3) the trust receives no responsive bids or only a single responsive

bid in response to a solicitation for competitive bids or proposals;

(4) a procurement's value does not exceed five hundred thousand

dollars and is made from a business certified as a minority or women

owned business enterprise pursuant to article fifteen-A of the executive

law and section thirteen hundred four of the New York city charter.

Nothing in this paragraph shall be construed to require that such

business be concurrently certified as minority or women owned business

enterprises under article fifteen-A of the executive law and section

thirteen hundred four of the New York city charter to be awarded such a

contract;

(5) a duly appointed representative of the trust determines in writing

that, based on a market analysis, only one source for the required goods

or services, including but not limited to, services for construction,

reconstruction, rehabilitation, alteration, renovation, maintenance and

repairs, are available; or

(6) the contract is a contract between the trust and another

governmental entity, including, but not limited to NYCHA.

2. Construction performed under a contract entered into by the trust

pursuant to this article shall be deemed a public work to be performed

in accordance with the provisions of article eight of the labor law,

including but not limited to the prevailing wage requirements set forth

in section two hundred twenty of the labor law and the reporting,

monitoring, and enforcement provisions of such article, and for projects

or public works receiving federal aid, applicable federal requirements

for prevailing wage. Any contract, the principal purpose of which is to

provide construction services and that is either entered into through a

competitive sealed bidding process or pursuant to section six hundred

thirty-four of this article, and undertaken pursuant to a project labor

agreement, shall include a clause requiring the selected alternative

project delivery contractor or the contractor selected on the basis of

its sealed bid to obligate every tier of contractor working on the

public work to comply with the project labor agreement referenced in

section six hundred thirty-four of this article and this section, and

shall include project labor agreement compliance monitoring and

enforcement provisions consistent with any such project labor agreement.

3. Contracts of the trust shall be subject to sections 6-108 and 6-123

of the administrative code of the city of New York, and the trust shall

constitute a "contracting agency" for the purposes of section 6-123 of

the administrative code of the city of New York.

4. The provisions of section one hundred six-b of the general

municipal law shall apply to the trust.

5. The provisions of section one hundred fifty-one-a of this chapter

shall apply to the trust.

6. Unless a federal requirement conflicts with any procurement

procedure set forth in this article, the trust shall be required to

comply with such procedure.