2023 New York Laws › PBG - Public Housing › Article 15 - New York City Public Housing Preservation Trust › 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.