§ 633 — Contracts of the trust

§ 633. Contracts of the trust. 1. Notwithstanding any provision of law\nto the contrary, including but not limited to article eight of this\nchapter, the trust shall establish and maintain procurement policies\nthat shall set forth the methods and procedures by which the trust shall\nprocure contracts for goods and services, including but not limited to\nservices for design, development, construction, reconstruction,\nimprovement, modernization, rehabilitation, repair and operation,\nrelated to property owned or leased by the trust, in a manner consistent\nwith the provisions of this article. Such policies shall specifically\ninclude:\n (a) a competitive sealed bidding process for the award of contracts in\nwhich sealed bids are publicly solicited or solicited from a list of\nprequalified bidders and opened and a contract is awarded to the lowest\nresponsive, responsible bidder;\n (b) processes for awarding contracts for goods and services using\nalternatives to competitive sealed bidding where competitive sealed\nbidding is not practicable or not advantageous, in which case the trust\nshall use the most competitive method of procurement that is appropriate\nunder the circumstances to select the proposer offering the best value\nto the trust;\n (c) a process for prequalifying bidders and proposers based on\ncriteria, which may include an entity's experience, past performance,\nability to undertake work, financial capability, responsibility,\nreliability and status as a certified minority or women owned business\nenterprise pursuant to article fifteen-A of the executive law or section\nthirteen hundred four of the New York city charter;\n (d) reasonable procedures to secure the meaningful participation of\nminority and women owned business enterprises in the trust's procurement\nprocess. The trust may use the same measures to enhance minority and\nwomen owned business enterprise participation as are available to the\ncity pursuant to applicable law, including section 6-129 of the\nadministrative code of the city of New York;\n (e) processes for awarding alternative project delivery contracts, in\na manner consistent with the terms of section six hundred thirty-four of\nthis article;\n (f) procedures for the fair and equitable resolution of contract\ndisputes, for appeals of responsiveness and responsibility\ndeterminations by the trust, and for appeals of prequalification\ndeterminations;\n (g) a process for making purchases off contracts procured by public\nagencies and public entities, provided that such contract exists between\na vendor and (1) the United States General Services Administration, (2)\nthe state of New York or any of its political subdivisions, (3) another\npublic authority or public corporation of the state, (4) another public\nhousing agency or public housing authority, or (5) any purchasing\ncooperative where the lead purchasing entity is any of the foregoing,\nprovided that in any case when the trust under this paragraph determines\nthat obtaining such item thereby would be in the public interest and\nprovide for greater economy and efficiency and sets forth the reasons\nfor such determination. Such rationale shall include, but not be limited\nto, a determination of need, a consideration of the procurement method\nby which the contract was awarded, an explanation why a competitive\nprocurement or the use of a centralized contract let by the commissioner\nof the office of general services is not in the best interest of the\ntrust, and the reasonableness of cost; and\n (h) a mechanism for procurements without a formal competitive process\nwhere:\n (1) the existence of an emergency involving danger to life, safety or\nproperty requires immediate action and cannot await a competitive\nprocess for goods or services to be purchased, including, but not\nlimited to, services for construction, reconstruction, rehabilitation,\nalteration, renovation, maintenance or repairs, which are essential to\nefficient operation or the adequate provision of service by the trust\nand as a consequence of unforeseen circumstance such purchase cannot\nawait a competitive process;\n (2) a procurement's value does not exceed fifty thousand dollars;\n (3) the trust receives no responsive bids or only a single responsive\nbid in response to a solicitation for competitive bids or proposals;\n (4) a procurement's value does not exceed five hundred thousand\ndollars and is made from a business certified as a minority or women\nowned business enterprise pursuant to article fifteen-A of the executive\nlaw and section thirteen hundred four of the New York city charter.\nNothing in this paragraph shall be construed to require that such\nbusiness be concurrently certified as minority or women owned business\nenterprises under article fifteen-A of the executive law and section\nthirteen hundred four of the New York city charter to be awarded such a\ncontract;\n (5) a duly appointed representative of the trust determines in writing\nthat, based on a market analysis, only one source for the required goods\nor services, including but not limited to, services for construction,\nreconstruction, rehabilitation, alteration, renovation, maintenance and\nrepairs, are available; or\n (6) the contract is a contract between the trust and another\ngovernmental entity, including, but not limited to NYCHA.\n 2. Construction performed under a contract entered into by the trust\npursuant to this article shall be deemed a public work to be performed\nin accordance with the provisions of article eight of the labor law,\nincluding but not limited to the prevailing wage requirements set forth\nin section two hundred twenty of the labor law and the reporting,\nmonitoring, and enforcement provisions of such article, and for projects\nor public works receiving federal aid, applicable federal requirements\nfor prevailing wage. Any contract, the principal purpose of which is to\nprovide construction services and that is either entered into through a\ncompetitive sealed bidding process or pursuant to section six hundred\nthirty-four of this article, and undertaken pursuant to a project labor\nagreement, shall include a clause requiring the selected alternative\nproject delivery contractor or the contractor selected on the basis of\nits sealed bid to obligate every tier of contractor working on the\npublic work to comply with the project labor agreement referenced in\nsection six hundred thirty-four of this article and this section, and\nshall include project labor agreement compliance monitoring and\nenforcement provisions consistent with any such project labor agreement.\n 3. Contracts of the trust shall be subject to sections 6-108 and 6-123\nof the administrative code of the city of New York, and the trust shall\nconstitute a "contracting agency" for the purposes of section 6-123 of\nthe administrative code of the city of New York.\n 4. The provisions of section one hundred six-b of the general\nmunicipal law shall apply to the trust.\n 5. The provisions of section one hundred fifty-one-a of this chapter\nshall apply to the trust.\n 6. Unless a federal requirement conflicts with any procurement\nprocedure set forth in this article, the trust shall be required to\ncomply with such procedure.\n