19
Item 3 Resolution No. 2270 June 27, 2018 RESOLUTION OF THE CITY UNIVERSITY CONSTRUCTION FUND APPROVING THE ANNUAL REPORT ON PROCUREMENT CONTRACTS AND THE GUIDELINES FOR PROCUREMENT CONTRACTS RESOLVED: That pursuant to Section 2879 of the New York Public Authorities Law and Section H of tbe City University Construction Fund ("the Fund") Guidelines for Procurement Contracts ("the Guidelines") as amended through June 23, 2016, the Annual Report on Procurement Contracts of the Fund for the Fiscal Year ending June 30, 2017, attached as Exhibit 1 to this Resolution, be, and hereby is, approved and adopted; BE IT FURTHER RESOLVED: That the Guidelines as last amended through June 23, 2016, attached as Exhibit 2 to this Resolution, be, and hereby are, approved and adopted. EXPLANATION: The 2017 Annual Report on Procurement Contracts reflects the procurement activity of the Fund during the prior fiscal year, July 1, 2016 through June 30, 2017. The Guidelines, which have been in effect since September 1991 and were amended as of January 29, 1998, October 14, 2008 and June 10, 2014, and last amended on June 23, 2016, set forth the operative policy and instructions of the Fund regarding the use, awarding, monitoring, and reporting of procurement contracts. They were last reviewed and approved by the Trustees on June 28, 2017 (No. 2248). The undersigned hereby certifies that (i) the foregoing is a true and correct copy of the resolution adopted at the regular meeting of the Trustees of the City University Construction Fund held on June 27, 2018; (ii) at such meeting, a quorum of Trustees was present; (iii) the resolution was adopted by the affirmative vote of not less than four Trustees present at such meeting; and (iv) the resolution has not been amended or rescinded since the date of adoption. Date: June 27, 2018 J

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Page 1: AND THE GUIDELINES FOR PROCUREMENT CONTRACTS That … · Baruch Library Master Plan Baruch Student Computer Lab Baruch Student Computer Lab Baruch - Stud ~nt Computer Lab BMCC ADA

Item 3 Resolution No 2270

June 27 2018

RESOLUTION OF THE CITY UNIVERSITY CONSTRUCTION FUND APPROVING THE ANNUAL REPORT ON PROCUREMENT CONTRACTS

AND THE GUIDELINES FOR PROCUREMENT CONTRACTS

RESOLVED That pursuant to Section 2879 of the New York Public Authorities Law and Section H of tbe City University Construction Fund (the Fund) Guidelines for Procurement Contracts (the Guidelines) as amended through June 23 2016 the Annual Report on Procurement Contracts of the Fund for the Fiscal Year ending June 30 2017 attached as Exhibit 1 to this Resolution be and hereby is approved and adopted

BE IT FURTHER RESOLVED That the Guidelines as last amended through June 23 2016 attached as Exhibit 2 to this Resolution be and hereby are approved and adopted

EXPLANATION The 2017 Annual Report on Procurement Contracts reflects the procurement activity of the Fund during the prior fiscal year July 1 2016 through June 30 2017 The Guidelines which have been in effect since September 1991 and were amended as of January 29 1998 October 14 2008 and June 10 2014 and last amended on June 23 2016 set forth the operative policy and instructions of the Fund regarding the use awarding monitoring and reporting of procurement contracts They were last reviewed and approved by the Trustees on June 28 2017 (No 2248)

The undersigned hereby certifies that (i) the foregoing is a true and correct copy of the resolution adopted at the regular meeting of the Trustees of the City University Construction Fund held on June 27 2018 (ii) at such meeting a quorum of Trustees was present (iii) the resolution was adopted by the affirmative vote of not less than four Trustees present at such meeting and (iv) the resolution has not been amended or rescinded since the date of adoption

Date June 27 2018

J

City University Construction Fund 6252018 314 PMFY 2017 Annual Report on Procurement Contracts

Campus Project Name Baruch Administration Building Automation System

Baruch Field Building

Baruch Field Building

Baruch Field Building

Baruch Field Building

Baruch IT Building Fire Alarm Upgrade

Baruch Library Master Plan

Baruch Student Computer Lab

Baruch Student Computer Lab

Baruch Stud~nt Computer Lab-BMCC ADA Bathroom 199 Chambers

BMCC ADA Bathroom 199 Chambers

BMCC BMCC ADA Bathroom

BMCC Pedestrian Plaza amp Roof Replacement

BMCC Physical Master Plan Consultants

BMCC Roof Replacement amp Photovoltaic

BMCC Roof Replacement amp Photovoltaic

BMCC Emergency Generator

Bronx CC Alumni Gym locker Renovation

Bronx CC Bronx ExpressS~dent Succ~ s Center middot-Bronx CC Bliss Hall Bathroom Renovation

Bronx CC Community Hall Local Law 11

Bronx CC Dominican War Veterans Memorial

Bronx CC Ohio Field Track

Bronx CC Roof Restorations for Gould Memorial Library

Bronx CC Student Center Fire Alarm System

Brooklyn ADA Upgrade to l ecture Hall

Brooklyn Campus Wide Security amp Fire Systems

Brooklyn Geology Lab Renovation

Brooklyn Ingersoll Lab

Brooklyn Ingersoll Lab

Brooklyn Ingersoll Lab

Brooklyn Performing Arts Center

Brooklyn Performing Arts Center

Brooklyn Performing Arts Center

Brooklyn Performing Arts Center

Broolltlyn Steiner Studios

Brooklyn Steiner Studios

Brooklyn Steiner Studios

Brooklyn Steiner Studios

Brooklyn Steiner Studios

Brooklyn Steiner Studios

Brooklyn Steiner Studios

CCNY City lab Renovation 2014

CCNY Energy lab

CCNY Marshak Hall

Vendor Selection Process Trane US Inc NYS-OGS

Contracts Procured by

Governmental Entities-

CJ Brown Energy PC DASNY

Davis Brody Bond UP RFP

URo Program and Construction Management PC RFP

Siemens Industry Inc NYS-OGS

Red Hawk Fire amp Security NYS-OGS

AECOM RFP-Task Order

Donald Blair Architects RFP-Task Order

Quality Control Laboratories LLC RFP-Task Order

Vanguard Construction amp Development Co Inc CSB

Gilbane Building Company RFP-Task Order

Urban Engineers of New York PC RFP-Task Order

Graf amp Lewent Architects llP RFPmiddotTask Order

Superstructures RFP

Mitchell Giurgola Architects LLP RFP-Task Order

ABCO Construction Corp CSB

Superstructures RFP-T ask Order

OASNY DASNYCUNY MOU ( a )

H2M Architects amp Engineers RFP-Task Order

Oattner Architects OPC RFP-Task Order middot--H2M Architects amp Engineers RFPmiddotTask Order

DASNY DASNYCUNY MOU ( a )

Saratoga Associates RFP-Task Order

Saratoga Associates RFP-Task Order

Beyer Blinder Belle Architects amp Planners UP RFP-Task Order

Red Hawk Fire amp Security NYS-OGS

Epic Management Inc RFP-T ask Order

Johnson Controls Inc NYS-OGS

Michielli Wyetzner Architects RFPmiddotTask Order

liRo Program and Construction Management PC RFP-Task Order

Mitchell Giurgola Architects LLP RFP-Task Order

Yu amp Associates RFP-Task Order

Contracts Procured by Governmental Entities-

EME Consulting Engineering Group LLC DASNY

Hill International Inc RFP

Holland amp Knight llP RFP-T ask Order

Municipal Testing Lab Inc RFP-Task Order

Adorama RFQamp CSB( b )

Apple Inc NYSOGS(b )

BampH Photo RFQamp CSB ( b )

Benoit Wireless Inc RFQ COW-G NYS-OGS

Corporate Computer Solutions Inc RFQ

Gruskay Connectivity LLC RFQ

Graf amp Lewent Architects UP RFP-Task Order

Triton Construction Company UC RFPmiddot Task Order

Triton Construction Company U C RFP-Task Order

New Procurement

Contract Entered Into in

Project Value FY2017 $64440765

$25229500

$1236976400

$16632602700

$98042369

$98256869

$29409000

$16035200

$4390000 $142051500 bull --middot---

$1261986308 bull $17217500 bull $55842300

$30737900

$24968499

$386499900

$30737900

$650000000 $6624400 $9974600

~

$8000500 $25000000

$4799200 $11277800 $41353900

$67020997

$917448542

$1278600000

$14500000 $2272951600

$159879400

$19123900 $14847449

$6908673600

$10000000 $44371000

$1055593

$1279760

$5307493

$446648 $13813709

$736500 $108933

$26217944 bull $704556500 $781317400

Payment Amount $6873753

$1956866

$58861903

$52996743

$14260164

$8187093

$15594178

$3506895

$600000

- ~ 13552427 $165178743

$734250

$10861139

$4919687

$1100000

$21870577

$363153

$274853900

$1285200

$4104866

$1578781

$25000000

$838159

$1936289

$5875970

$12670611

$2940356

$430925608

$3853531

$257204628

$14625241

$3683416

$6960941

$1689852846

$11750751

$34651147

$1067431

$1279760

$5307493

$446648

$3612408

$736500

$108933

$8869096

$15725530

$1501768

City University Construction Fund 6252018 314 PMFY 2017 Annual Report on Procurement Contracts

CSI Building 2M Renovation Phase 2 Langan Engineering amp Environmental Services Inc RFPmiddotTask Order

CSI Building 2M Renovation Phase 2 STV Construction lnc RFP-Task Order

CSI Building 2M Renovation Phase 2 Superstructures RFP-Task Order

CSI Campus Wide Emergency Generator OBrien amp Gere Engineers Inc RFP -Task Order

CSI Campus Wide Underground Utility URS Corporation RFP-Task Order cs Computational Center HOR lnc RFP cs Computational Center OBrien amp Gere Engineers Inc RFPmiddotTask Order cs Sewer Pump House OLA Consulting Engineers PC RFP-Task Order

CUNY Law New Law School Building Cushman amp Wakefield Inc Single Source ( c I CUNYWIDE CUNY First Syscom Single Source ( d )

CUNYWIDE Data Center Relocation Epic Management Inc RFPmiddotTask Order CUNYWIDE Educational Technology Ellucian Company LP Single Source ( e l CUNYWIDE Teaching labs Epic Management Inc RFPmiddotTask Order

CUNYWIDE Teaching labs Gertler amp Wente Architects LLP RFP-Task Order

CUNYWIOE Teaching Labs Graf amp Lewent Anhltect5 LLP RFP -Task Order ----- middot--- ----- -Graduate Center 9th Floor Conference Room Donald Blair Architects RFPmiddotTask Order

Honors Rooftop HVAC Replacement liRo Program and Construction Management PC RFgt-Task Order

HostosCC Air Handl ing Units Dewberry Engineers Inc RFP-Task Order

Hostos CC Allied Health and Natural Science Building Complex Flad Architects RFP

Hostos cc Flre Alarm 4 75 GC Johnson Controls Inc NYSmiddotOGS Hostos CC HVAC Work OLA Consulting Engineers PC RFP-Task Order

Hostos CC Savoy Building Roof Replacement Expedite Construction Management Services Inc CSB Hostos CC Savoy Building Roof Replacement Superstructures RFP-Task Order

Hunter Chiller Replacement Trane US Inc NYS-OGS Hunter Hunter Lab Renovation 2014 Graf amp Lewent Architects l LP RFP-Task Order--- -- --- - -Hunter Hunter Lab Renovation 2014 TDX Construction Corporation RFP-Task Order

Hunter North Building Ener~ Feasibility Trane US Inc NYS-OGS Hunter Purchase Cornell Condo Weill Cornell Medical College Single Source (f) Hunter Student Union Renovation RCOolner LlC RFPmiddotTask Order Hunter Swing Space Mitchell Giurgola Architects LlP Single Source ( g)

Klmuborough CC Klngsborough CC Fire Alarm Upgrade Siemens Industry Inc NYS-OGS Kingsborough CC Performing Arts Renovation Stephen Yablon Architects PLLC RFP-Task Order Kingsborough CC Student Conference Center Michielli Wyetmer Architects RFP-Task Order Kingsborough CC T2 Building Epic Management lnc RFP-Task Order Klngsborough CC n Phase l HVAC amp Electrical Upgrade OBrien amp Gere Engineers lnc RFPmiddotTask Order Lehman Bookstore Relocation Ikon 5 Architects LLC RfP-Task Order Lehman Child Care Center Axis Construction Corp C5B Lehman Child Care Center Playground KampV Construction Inc CSB Lehman Concert Hall Addition Michielli Wyetzner Architects RFP -Task Order Lehman Department of Social Wor1lt Stephen Yablon Architects PLLC RfP-Task Order Lehman Labs Round Ill Graf amp Lewcnt Architects LLP RFPmiddotTask Order Lehma n Labs Round Ill liRo Program and Construction Management P C RFP-Task Order Lehman Lehman Security System Upgrade Siemens Industry Inc NYSmiddotOGS Lehman LOVinger Theater ADA Compliance Donald Blair Architects RfP-Task Order Lehman Nursing Education Center Urbahn Architects PLLC RFP Lehman Speech amp Theater Amphitheater Michielli Wyetzner Architects RFP-Task Order Lehman Student Health Services Center Graf amp Lewent Architects LLP RFP-Task Order Lehman Teaching amp learning Commons Curtis+ Ginsberg Architects lLP RFPmiddotTask Order Medgar Evers ADA Bathroom amp Athletic Center Stephen Yablon Architects PLLC RFP-Task Order Medgir Evers Bedford Ave Site Reconstruction Thomas Balsley Associates RFP-Task Order NYCCT Namm Hall Heat poundgtchangers Replacement Trane US Inc NYS-OGS

NYCCT New Academic Building Emtec Consultants Professional Engineers PLlC RFP -Task Order NYCCT New Academic Building FJ Sciame Construction Co Inc RFP

$2060000 $619139400

$9356400 $11109200

$49281500 $775000000

$59559300 $31506000

NA $92847700

$2014481000 $76441400

$3 15069752 $72898100

$468346 $56739540

$127000000 $23907600

$932142900 $2947720

$23893000 S 109200000

$12989100 $36716481 $26217944

$493497600 $3230352

$6500000000 $245000000 $252674700

$4294900 $54756550 $16500000

$460493500 $23881000 $35000000

$607770000 $48439200 $44500000 $38065400 $40098948

$361346700 $245652656

$25548483 $290685028

$35005000 $9297800

$43057500 $106584600

$46158013 $49010578

$100395000 $29743323100

----

bull

--bull

$1986800 $1417766621

$4083250 $4299270 $4009036

$19100000 $34991554

$771311 $1077711

$27199548 $357488565

$33198726 $6181755

$518025 $468346

$3070611 $352123 29 $11702601

$4325781 $306595

$8901326 $49723478

$7215587 $85106910 $15322347 $11345827 $30286554 $43500000

$1765620 $7500

$3000000 $5984242 $1946048

$12904395 $8572716 $4512792

$19629500 $3756805 $5195305 $4370807

$13754658

$1730952 $941776

$1740762 $32004059 $15713883

$665000 $3663169

$16895525 $23623888

$9247126 $38310000

$6994323197

City University Construction Fund 6 25 2018 314 PMFY 2017 Annual Report on Procurement Contracts

Contracts Procured by

Governmental Entities-

NYCCT New Academic Building Genesys Engineering PC DASNY $29950000 NYCCT New Academic Building Municipal Testing Lab Inc RFP-Task Order $89627500

NYCCT New Academic Building Perkins Eastman Architects PC Single Source ( h I $1530882S00

NYCCT New Academic Building Superstructures RFP-Task Order $2625000

Queens Campus Wide Are Alann Klapper Hall Simplex Grinnell NYS-OGS $115651300

Queens Fitzgerald Gym Floor EnTech Engineering PC RFP-Task Order $4266000

Queens Fitzgerald Gym Floor STV Construction Inc RFP-Task Order $325305530

Queens Molecular Ecology amp Research Science l abs Emtec Consultants Professional Engineers PLLC RFP-T ask Order $3000000 Queens Molecular Ecology amp Research Science Labs GC Eng Engineering Associates RFP-Task Order (WASA) $700000

Queens Molecular Ecology amp Research Science Labs LiRo Program and Construction Management PC RFP-Task Order $379763096 Queens Queens ADA Bathroom Arch Builders amp Developers Inc CSB $99999900

Queens Queens ADA Bathroom Future Tech Consultants of New Yock Inc RFP-Task Order $1780000

q ~e~s __ gtIS ADA Bathroom Michielli Wyetzner Architects RFP-Task Order $16420000

State DOL Payment-Underpayment of Funds ( i

Queens Queens ADA Bathroom The Commissioner of labor I NA Queens Razran Half Lab Renovation Graf amp lewent Architects LLP RFP-Task Order $48558536

Queens Remsen Hall Roofing Diaz Architects RFP-Task Order $6255400 Queens Remsen Hall Roofing MT Group LLC RFP-Task Order $960000 Queens Remsen Hall Roofing RJ Green Construction Corp CSB $153050000 Queens Remsen amp SB Environmental labs Perkins Eastman Architects PC RFP-Task Order $29038597 Queens Steam Pipe Replacement Syska Hennessy Group RFP-Task Order $24500000 Queensborough CC _ _ Library ADA Bathroom _ --middot Ikon S Architects LLC RFP-Task Order $13200000 Queensborough CC PAC ADA Reconstruction Goshow Architects LLP RFP-Task Order $18036200 School of Public Health School of Public Health Apple Inc NYS-OGS(b) $2163100 School of Public Health School of Public Health BVK SS West 125th Street LLC Single Source ( j ) NA School of Public Health School of Public Health Dell USA LP NYS-OGS(b) $18625983 York Academic Core HVAC Upgrade Lizardos Eng Assoc PC RFP-Task Order $61187300 York Science Building Fire Alarm Upgrade Johnson Controls Inc NYS-OGS $22359121 York Science Building Retro Commissioning Siemens Industry Inc NYS-OGS $33870787 Grand Total

a) Relects t ransfer of funds provided from the College to OASNY through CUCF for the subject project

(b) Includes mult iple pu rchases

(c) Cushman and Wakefield managed the building containing the Law School and there was a requirement by the condominium to use them 11011 ne LUN M m system mcmoes a new suuent mrormauon system tor processing stuoent recoros stuoent recoros oegm wrtn processing ot targe numoers ot app11catmn

document images These document images are critical to the applicationadmissions process and ongoing student information needs The current application image processing

workflows mu st be revised and modified to property integrate and work in conjunction with the CUNY First system Syscom is currently responsible for administering t he

existing system and has developed h ighly specialized knowledge of the Universi tys admission process Syscoms understanding of the existing systems environment and

workflows makes them uniquely qualified to complete the required work in the most efficient cost effective manner

(e ) Elliclan Degree Works is the University Academic Advisement System in effect since 2004 to provide information on degree requirements course progression and degree completion

rates to over 20000 student s w ithin t he CUNY system For CUNY to maximize the benefit from the application its new functions and be able to implement future releases

t~ is upgrad~~~ consulting services are critical

(f) Weill Cornell Medical College entered into a public-private partnership with CUCF to acquire for CUNY on behalf of Hunter College a full research floor at the new 18 story

medical research facility being constructed by Weill Cornell Medical College

(g) Mitchell-Giurgola Architects (MGA) previously completed an infrastructure study building concept and phasing plan and pre-schematic design for LaGuardia CCs Center 3 building

as well as a full design of the Buildings 8th floor This building will be used to temporarily house Hunter Brookdale campus programs until the new Hunter College Science Building

Is completed Utilizing MGA to design the swing space in the Center 3 Building for these programs will allow for significant cost and t ime savings

(hi Perkins Eastman was part of the team of the orllinal developer chosen through a competitive process for a project which initially included an academic component and a

bull -

bull bull bull

$7499818 $54140000

$100856235

$706911

$19668653

$5891218 $104519444

$3000000

$700000

$300S326S $48198156

$330000

~ $800000

$4935249

$17512081

$5116520

$180000

$77994666

$851201

$1082125 $7278751

$10425145

$2163100 $383333400

$18625983

$3169648

$16287084

$69608815

$13743013036

City University Construction Fund 6252018

FY 2017 Annual Report on Procurement Contracts 314 PM

residential tower For 25 years Perkins Eastman worked on the development of the progrim and the pre-schematic and schematic design phases of the project When CUNY terminated its partnership with the developer and limited the oroiect to onlv the academic component it was determined that Perkins Eastmans understandinR of the proRram and their Involvement in the previous design made them uniquely qualified to continue development of the project In the most expeditious and efficient manner available

(i Finalized 12017 Payment made to DOL for Archer underpayment of wages on Queens ADA Bathroom Project I I (j) BVK 55 West 125th Street LLC holds the lease for the site of this program I I I

Exhibit 2

CITY UNIVERSITY CONSTRUCTION FUND

GUIDELINES FOR PROCUREMENT CONTRACTS

(as amended through June 23 2016)

Section A Introduction

These Guidelines set forth the operative policy and instructions of the City University Construction Fund (the Fund) regarding the use award monitoring and reporting of Procurement Contracts in the actual or estimated amount of $5000 or more

These Guidelines are intended to satisfy the requirements of Section 2879 of the New York State Public Authorities Law and to provide an internal and administrative policy for the Funds trustees officers and employees These Guidelines do not provide third parties with any rights or remedies

Section B Definitions

I Construction ManagementBuild (CMBuild) Contract means a Procurement Contract pursuant to which the Fund hires a construction management firm to manage the overall construction project and to bid and hold each underlying contract for materials labor and services related to the construction of the project The Fund may employ a CMBuild Contract only when the estimated cost ofconstruction is $3 million or more

2 Executive Director means the Executive Director of the CUNY Construction Fund

3 Fund means the CUNY Construction Fund acting through its Board of Trustees or pursuant to a delegation of powers or duties to one or more of its trustees officers agents or employees as may be permitted by Section 6274 of the New York State Education Law

4 Job Order Contract (JOC) means a Procurement Contract resulting from a competitive bid process for an indefinite quantity of construction materials and services which are specified in a Fund-approved catalog by type and unit price for the Fund to use on specified projects to repair maintain and upgrade CUNY facilities the lowest responsible bidder shall bid the lowest adjustment factor by which the_Fund will multiply the fixed unit prices established by the catalog the contract amount shall be the product of the adjustment factor times the catalog prices for the materials and services that the Fund identifies for use on all of each individual project covered by the contract documents

5 Minority Business Enterprise and a Women-Owned Business Enterprise shall have the meanings set forth in Section 2879 of the Public Authorities Law of the State ofNew York and the regulations promulgated thereunder

6 Procurement Contract means any written agreement for the acquisition of goods services (including but not limited to professional services) or interests in real property of any kind or for construction or any combination of these The term does not include any agreement for employment in the civil services or by the Research Foundation of the City

I

University ofNew York Procurement Contractors means any counter-party to a Procurement Contract with the Fund

Section C Selection ofProcurement Contractors and Award and Board Review of Procurement Contracts

I Selection Policy

Consistent with these Guidelines the Fund shall select Procurement Contractors in a manner that (a) is fair and efficient (b) seeks high quality goods services andor construction at reasonable prices and ( c) satisfies state law in providing an opportunity for Minority Business Enterprises and Women-Owned Enterprises to compete for Procurement Contracts so as to facilitate the awarding of a fair share of such contracts to such enterprises

2 Selection Mechanisms

The Fund shall use the fo)lowing mechanisms to select Procurement Contractors for specified goods services interests in real estate andor construction

(a) Competitive Bids The Fund may solicit fixed-price bids and may award the Procurement Contract to a responsible bidder primarily on the basis of the lowest price

(b) Request for Proposals The Fund may solicit specific proposals and award the Procurement Contract on the basis of an evaluation of the characteristics quality and cost of such proposals as set forth in the form of solicitation including without limitation proffered security where security is requested or appropriate

(c) Negotiated Procurement The Fund may negotiate the terms of a Procurement Contract under the circumstanc~s and subject to the conditions set forth below Negotiations may be preceded by preliminary discussions to explore the feasibility of the procurement A Negotiated Procurement may be used in combination with a Request for Proposals

(i) In the case of a Procurement Contract for goods services andor construction the Fund may negotiate with at least three vendors (or in compe]ling circumstances with fewer vendors) and award a Procurement Contract on terms that serve the best interests of the Fund where it is not practical andor advantageous to make an award by Competitive Bids or Request for Proposals because (A) the constraints of a time-sensitive require a prompt selection and award such the need to comply with a court order to secure funding or avoid the loss of funding or to cure the default or unavailability ofan existing contractor (B) there is a limited number of vendors available and able to perform the work (C) an existing contract needs to be extended beyond the contractually stipulated term and extensions and (D) there is a compelling need to use an existing contractor to perform additional work or a later phase of a project

(ii) Jn the case of a contract for the acquisition ofan interest in or the

2

development ofreal property the Fund may negotiate with one or more vendors and award a Procurement Contract in the best interests of the Fund

(d) Single Source When the Executive Director determines that there is only a single responsible source for any goods services interests in real estate andor construction required by the Fund the Fund may award a Procurement Contract without competitive procedures A record setting forth the circumstances under which any such contract was let shall be provided in the annual report of the Fund prepared for the year in which the contract is let

(e) Emergency In the event ofan emergency involving danger to life or property or other unforeseen occurrences requiring immediate action that cannot await the completion of other procurement mechanisms the Executive Director may award a Procurement Contract without competitive procedures For any such Procurement Contract involving an actual or estimated expense of $10000 or more the Executive Director shall prior to executing the contract notify four Trustees of the Fund of the nature and circumstances of the emergency and obtain their approval as to the aware The Executive Director shall present a report of the award of such an emergency contract as an information item at the next regularly scheduled meeting of the Board of Trustees A record setting forth the circumstances under which any such emergency contract was awarded shall be provided in the annual report of the Fund prepared for the year in which the contract is awarded

(t) Contracts Procured by Government Entities The Fund may award a Procurement Contract through existing contracts awarded by government entities ie the State of New York including any authority or public benefit corporation of the State of New York the City of New York including the Department of Education or the Federal Government provided that the Procurement Contract contains material terms including price that are substantially the same as or more favorable than the material terms of the contract with the government entity

(g) Procurement Cards (P-Cards) The Executive Director shall be permitted to utilize Procurement Cards a flexible convenient and efficient means of processing payments for one-time and recurring monthly purchases for payment of reasonable out-of-pocket expenses incurred in the performance of the duties of that office such as subscriptions parking lot fees E-Z Pass tolls and telecommunication charges

(h) Discretionary Purchasing In accordance with Section 2879 of the New York State Public Authorities Law the Fund may use its discretion in the selection of vendors to compete for Procurement Contracts for goods services including architectural services and engineering services andor construction as follows

1 Eligibility to compete for such Procurement Contracts may be limited by the Fund to those vendors Certified as Minority-Owned Business Enterpri ses or Women-Owned Business Enterprises by Empire State Developments Division of Minority and Womens Business Development or Certified as Service-Disabled Veteran-Owned Businesses by the New

3

York State Office of General Services Division of Service-Disabled Veterans Business Development This is to provide an opportunity for such entities to compete for Procurement Contracts so as to facilitate the awarding by the Fund of a fair share of such Procurement Contracts to such entities consistent with State law and these Guidelines

11 The total value of all such Procurement Contract awards by the Fund to a particular vendor cannot exceed $200000

111 Except as otherwise provided in this Section all other provisions of these Guidelines remain in effect

(i) Other Mechanisms Approved by the Funds Board The Fund may use any other procurement mechanism the Board of Trustees shall deem appropriate

3 Advertisement Requirements for Competitive Selection Mechanisms

The solicitation of bids proposals or submissions for a Procurement Contract shalJ be made by the Fund in a manner determined by the Executive Director to be the most cost-effective for providing reasonable competition for the Funds procurement contracts This may include advertisement in appropriate newspapers or trade journals direct mailings and such other outreach mechanisms as are consistent with the policy of these Guidelines with respect to firms considered by the Executive Director to be qualified including without limitation Minority Business Enterprises and Women-Owned Business Enterprises

(a) Procurement Opportunities Newsletter The Executive Director may solicit bids or proposals by placing a listing in the New York State Contract Reporter or any other official listing of bidding opportunities established under Article 4-C of the Economic Development Law or comparable statutes Any such listing shall be made in conformity with the rules and requirements established by the responsible agency such as New York State Department of Economic Development Division for Small Business that are in effect at the time the listing is to be made

(b) General Contents of Solicitations Except as otherwise required (for example by the applicable rules of the Department of Economic Development referred to in item (a) above) each solicitation by the Fund sh al I include (i) the name of the Fund (ii) a description of the goods services andor construction sought the location where goods are to be delivered or services andor construction are to be provided and the contract term (iii) the address where bids or proposals are to be submitted (iv) the date when such bids or proposals are due (v) a description of any eligibility requirement or preference and (vi) any other information that the Executive Director deems useful

(c) Antidiscrimination Language in Fund Solicitations All solicitations of bids or proposals for any procurement contract shall contain or make reference to the following

(i) The contractor will not discriminate against employees or applicants

4

for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal opportunity without discrimination Such programs shall include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retaining including apprenticeship and on-the-job training

(ii) At the request of the Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation of the contractors obligations hereunder

(iii) The contractor will state in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the Fund that will qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status and

(iv) The contractor will include the provisions of subdivisions (i) through (iii) of this section in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

(d) Procurement Contracts for $50000 or More If the actual or estimated cost of a Procurement Contract is fifty thousand dollars ($50 000) or more any solicitation shall be published once in the New York State Contract Reporter published by Empire State Development and at least once in a newspaper of general circulation

(e) Timing At least fifteen business days shall elapse between the first solicitation of bids proposals or submissions or the first publication of any advertisement for bids proposals or submissions and the due date for the submission of bids proposals or submissions

4 Award of Procurement Contracts

(a) Minimum Solicitation Except as otherwise provided in these Guidelines the Executive Director shall solicit bids proposals or submissions from at least three (3) contractors that are qualified to provide the goods services interests in real estate andor construction sought by the Fund and have

5

agreed to consent to the nondiscrimination and compliance provisions required by Section E of these Guidelines Subject to subsections (b) and (c) hereof the Fund shall award the Procurement Contract on the basis of the most favorable combination of criteria applicable respectively to goods services interests in real estate or construction such as quality ability to deliver or perform in a timely manner price or fee structure location technical qualifications financial stability past performance staff availability and experience

(b) Contracts for $10000 or More No Procurement Contract involving an actual or estimated expense of ten thousand dollars ($10000) or more shall be awarded by the Fund unless prior to execution of the contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(c) Contracts for $25000 or More Each Procurement Contract for supplies materials or equipment involving an estimated expense of twenty-five thousand dollars ($25000) or more shall be awarded to the lowest responsible bidder furnishing required security if security is to be required after obtaining competitive bids proposals or submissions for such contract in the manner prescribed herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(d) Construction ManagementBuild (CMBuild) Contracts The Executive Director is authorized to enter into CMBuild contracts as defined herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract A record setting forth the justification for utilizing a CMBuild contract shall be provided to the Board Notwithstanding anything herein to the contrary award shall be made to the highest qualified vendor after successful negotiation of a fair and reasonable pnce

(e) Job Order Contract (JOC) The Executive Director is authorized to enter into JOC contracts as defined herein

(f) Alternative Selection Mechanisms Notwithstanding anything herein to the contrary the Executive Director may recommend that the Board approve procedures for the use and application of a particular selection mechanism other than those set forth in these Guidelines

5 Board Review of Procurement Contracts

For each Procurement Contract to which the Fund is a party the Executive Director will document and describe for the Board the procedure used to select the Procurement Contractor

Section D Minority Business Enterprise and Women-Owned Business Enterprise Participation

1 Solicitation

6

In order to promote the engagement of Minority Business Enterprises and WomenshyOwned Business Enterprises as Procurement Contractors the Fund shall solicit offers from Minority Business Enterprises and Women-Owned Business Enterprises known to supply the goods or provide the services interests in real estate andor construction sought If the provision of any goods services interests in real estate andor construction under a prime contract permits or requires the use of a subcontractors said prime contract shall require the prime contractor to act affirmatively to secure participation by Minority Business Enterprises and Women-Owned Business Enterprises in such subcontract and to report the nature and extent of such efforts to the Fund

2 Maintenance of List of Procurement Contractors Including Minority Business Enterprises and Women-Owned Business Enterprises

The Executive Director shall prepare and update annually a list of potential sources including Minority Business Enterprises and Women-Owned Business Enterprises of goods services interests in real estate andor construction that are regularly purchased by the Fund or that the Fund expects to purchase in the following year Executive Directors report to the Board shall include (a) the list and (b) the procedures established to identify new sources for the list and to notify such new sources of the opportunity to bid for contracts for the purchase of goods services interests in real estate andor construction In identifying qualified sources including Minority Business Enterprises and Women-Owned Business Enterprises the Executive Director shall seek the assistance of agencies of the State ofNew York and the City ofNew York including the Department of Commerce the Office of General Services and the Office of Contract Compliance and Minority and Women-Owned Business Enterprises of the State and the Office of Minority Business Development of the City

3 Qualification as a Minority Business Enterprise or Women-Owned Business Enterprises

The Executive director shall require each contractor seeking to be considered as a Minority Business Enterprise or Women-Owned Business Enterprise by the Fund to submit a written statement describing how it qualifies as a Minority Business Enterprise or Women-Owned Business Enterprise The Fund shall monitor the entities considered to be Minority Business Enterprises and Women-Owned Business Enterprises to ensure their continued satisfaction of the criteria set forth in these Guidelines

Section E Standard Nondiscrimination and Compliance Provisions to be Made a Part of Procurement Contracts

Each Procurement Contract shall include the following nondiscrimination and compliance provisions

I The contractor will not discriminate against any employee or applicant for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal oppo1tunity without discrimination Such programs shall

7

include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retraining including apprenticeship and on-the-job training The contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the substance of this nondiscrimination provision

2 At the request ofthe Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation ofthe contractors obligations hereunder

3 The contractor will state in all solicitations or advertisements for employees placed by or on behalf ofthe contractor in the performance ofthe contract with the Fund that all qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status

4 The contractor will include the provisions of subdivisions (I) through (3) ofthis section in every subcontract or purchase order in such a mannenhat such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

5 The contractor will comply with all provisions ofthis contract and of the rules regulations and orders issued by the Fund to implement the same

6 The contractor will furnish all information and reports required by the Fund and by any applicable rules regulations and any orders issued pursuant thereto and will permit access to its books records and accounts by the Fund for purposes of investigation to ascertain compliance with this contract and such rules regulations and order

7 If the contractor does not comply with the nondiscrimination provisions of this contract or with any such rules regulations or orders this contract may be cancelled terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts involving projects under the auspices ofthe Fund and such other sanctions may be imposed and remedies invoked as are provided by rule regulations or order issued by the Fund or as otherwise provided by law

8 The contractor will include the foregoing provisions in every subcontract or purchase order issued in connection with the performance ofthe prime procurements contract as well as in any agreement with architects engineers accountants and legal counsel for professional services by incorporating the text or by reference thereto so that such provisions will be binding upon each subcontractor professional firm or vendor The contractor will take such action with respect to any subcontract or purchase order as the Fund may direct as a means ofenforcing such provisions including sanctions for noncompliance

9 The provisions of this section shall be deemed supplementary to and not in lieu ofor in substitution for the provisions of the New York State Labor Law relating to

8

nondiscrimination and other applicable Federal State or City law ordinance rule and regulation

I 0 Each contractor having a contract containing these provisions shall file and shall cause each of his subcontractors to file compliance reports with the Fund Compliance reports shall be filed within such time and shall contain such information as to the practices policies programs employment policies and employment statistics of the contractors and each subcontractor and shall be in such form as the Fund may prescribe

11 Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeships or training for such workers the compliance report shall include such information as to such labor unions or agencys practices and policies affecting compliance as the Fund may prescribe provided that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor the contractor shall so certify to the Fund as part ofhis compliance report and shall set forth what efforts he has made to obtain such information

12 The Fund may direct that any bidder or prospective contractor or subcontractor shall submit as part of his compliance report a statement in writing signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training with which the bidder or prospective contractor deals with supporting information to the effect that the signers practice and policies do not discriminate on the ground of race creed color national origin sex sexual orientation age disability or marital status and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this contract or that it consents and agrees that recruitment employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of this contract In the event that the union or the agency shall refuse to execute such a statement the compliance rep01t shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Fund may require

Section F Dispute Resolution Process

All Procurement Contracts for an amount equal to or in excess of $25000 shall include a provision for resolving disputes with the Fund including but not limited to such matters as the scope of work required by the contract the interpretation of the contract and the amount to be paid for extra work Such a provision shall delineate a process that allows disputes to be resolved directly and efficiently between the Fund or its designee and the contractor At a minimum it shall (I) define when a dispute arises for reso lution by the process (2) set forth any limitations and exclusions affecting the subject matter of a dispute (3) designate the Fund s officers to whom the dispute must be directed (4) specify the form and content of notices and other documents to be submitted and the deadlines by which they must be submitted and (5) provide for any meetings to be convened as part of the dispute resolution process In addition in the event that the dispute is not resolved directly between the parties the dispute resolution provision shal l

9

provide for a third party mediator to further review and resolve the dispute with the parties to share equally in the expense of such mediation

Section G Procurement Contracts with Former Trustees Officers or Employees of the Fund

The Fund may not enter into any Procurement Contract with a former trustee officer or employee of the Fund unless that action complies with (I) the Code of Conduct for the Trustees of the Fund and (2) all applicable laws and regulations including without limitation the New York Public Officers Law

Section H Preparation of Annual Report on Procurement Contracts

I The Fund shall annuaJy prepare and approve a report on summarizing the procurement activity of the Fund for the reporting period and the Procurement Contracts entered into by the Fund during the reporting period or otherwise performed by the Fund during the reporting period The Funds annual procurement contract report shall incJude

(a) the Guidelines

(b) an explanation of the Guidelines and any amendments thereto made since the last annual report

(c) a list of all Procurement Contracts entered into since the last annual report

(d) a list of the Procurement Contractors performing services since the last annual report

(e) the selection process used in connection with each Procurement Contract

(f) a list of contract prices fees commissions or other charges paid to each Procurement Contractor and

(g) any statements required by law relating to the Fund s Guidelines or Procurement Contracts

2 The Funds annual report on Procurement Contracts may be made a part of any other annual report

Section I Distribution ofAnnual Report on Procurement Contracts

1 The Fund shall submit its annual repo1t on Procurement Contracts to the Division of the Budget

2 The Fund shall supply copies of its annual report on procurement contracts of the following

(a) Department of Audit and Control of the State of New York

JO

(b) New York State Senate Finance committee and

(c) (c) New York State Assembly Ways and Means Committee

3 The Fund shall make copies of its annual report on Procurement Contracts available to the public upon reasonable request therefore

Section J Amendment of These Guidelines

The Fund shall have the power from time to time to amend these Guidelines by vote of a majority of the Board

Section K Effect ofNoncompliance with Guidelines

Failure by the Fund to comply with the provisions of these Guidelines shall not alter affect the validity of modify the terms of or impair any contract or agreement for goods services interests in real estate andor construction to which the Fund is a party

Section L Prompt Payment

1 Authorization - This Statement of Prompt Payment Policy is adopted by the Members of the Board ofthe CUCF pursuant to the provisions ofSection 2880 ofthe Public Authorities Law

2 Purpose - It is the purpose ofthis Statement ofPrompt Payment Policy ofthe CUCF to set forth the standards for the payment ofbills within specific periods and to prescribe interest charges in situations where payments do not conform to these standards as provided by section 2880 ofthe Public Authorities Law

1 Prompt Payment Policy - It shall be the policy of the CUCF to process contract payments efficiently and expeditiously so as to assure payment in a timely manner to firms and organizations which do business with the CUCF and to avoid to the greatest extent practicable the payment of interest in cases where prompt payment does not occur as provided herein

Rules and Regulations - Pursuant to Section 2880 of the Public Authorities Law the CUCF promulgated Prompt Payment Guidelines effective July 1 2014 The Guidelines may be amended from time to time as needed to comply with the Public Authorities Law

5 Definitions - The following terms shall have the following meanings wiless the context shall indicate another of different meaning or intent

(a) CUCF means the City University Construction Fund (b) Designated Payment Office means the office designated by the CUCF to which a

proper invoice is to be submitted by a contractor

( c) Prompt Payment means payment ofa debt due and owing by the CUCF before

11

interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

14

Page 2: AND THE GUIDELINES FOR PROCUREMENT CONTRACTS That … · Baruch Library Master Plan Baruch Student Computer Lab Baruch Student Computer Lab Baruch - Stud ~nt Computer Lab BMCC ADA

City University Construction Fund 6252018 314 PMFY 2017 Annual Report on Procurement Contracts

Campus Project Name Baruch Administration Building Automation System

Baruch Field Building

Baruch Field Building

Baruch Field Building

Baruch Field Building

Baruch IT Building Fire Alarm Upgrade

Baruch Library Master Plan

Baruch Student Computer Lab

Baruch Student Computer Lab

Baruch Stud~nt Computer Lab-BMCC ADA Bathroom 199 Chambers

BMCC ADA Bathroom 199 Chambers

BMCC BMCC ADA Bathroom

BMCC Pedestrian Plaza amp Roof Replacement

BMCC Physical Master Plan Consultants

BMCC Roof Replacement amp Photovoltaic

BMCC Roof Replacement amp Photovoltaic

BMCC Emergency Generator

Bronx CC Alumni Gym locker Renovation

Bronx CC Bronx ExpressS~dent Succ~ s Center middot-Bronx CC Bliss Hall Bathroom Renovation

Bronx CC Community Hall Local Law 11

Bronx CC Dominican War Veterans Memorial

Bronx CC Ohio Field Track

Bronx CC Roof Restorations for Gould Memorial Library

Bronx CC Student Center Fire Alarm System

Brooklyn ADA Upgrade to l ecture Hall

Brooklyn Campus Wide Security amp Fire Systems

Brooklyn Geology Lab Renovation

Brooklyn Ingersoll Lab

Brooklyn Ingersoll Lab

Brooklyn Ingersoll Lab

Brooklyn Performing Arts Center

Brooklyn Performing Arts Center

Brooklyn Performing Arts Center

Brooklyn Performing Arts Center

Broolltlyn Steiner Studios

Brooklyn Steiner Studios

Brooklyn Steiner Studios

Brooklyn Steiner Studios

Brooklyn Steiner Studios

Brooklyn Steiner Studios

Brooklyn Steiner Studios

CCNY City lab Renovation 2014

CCNY Energy lab

CCNY Marshak Hall

Vendor Selection Process Trane US Inc NYS-OGS

Contracts Procured by

Governmental Entities-

CJ Brown Energy PC DASNY

Davis Brody Bond UP RFP

URo Program and Construction Management PC RFP

Siemens Industry Inc NYS-OGS

Red Hawk Fire amp Security NYS-OGS

AECOM RFP-Task Order

Donald Blair Architects RFP-Task Order

Quality Control Laboratories LLC RFP-Task Order

Vanguard Construction amp Development Co Inc CSB

Gilbane Building Company RFP-Task Order

Urban Engineers of New York PC RFP-Task Order

Graf amp Lewent Architects llP RFPmiddotTask Order

Superstructures RFP

Mitchell Giurgola Architects LLP RFP-Task Order

ABCO Construction Corp CSB

Superstructures RFP-T ask Order

OASNY DASNYCUNY MOU ( a )

H2M Architects amp Engineers RFP-Task Order

Oattner Architects OPC RFP-Task Order middot--H2M Architects amp Engineers RFPmiddotTask Order

DASNY DASNYCUNY MOU ( a )

Saratoga Associates RFP-Task Order

Saratoga Associates RFP-Task Order

Beyer Blinder Belle Architects amp Planners UP RFP-Task Order

Red Hawk Fire amp Security NYS-OGS

Epic Management Inc RFP-T ask Order

Johnson Controls Inc NYS-OGS

Michielli Wyetzner Architects RFPmiddotTask Order

liRo Program and Construction Management PC RFP-Task Order

Mitchell Giurgola Architects LLP RFP-Task Order

Yu amp Associates RFP-Task Order

Contracts Procured by Governmental Entities-

EME Consulting Engineering Group LLC DASNY

Hill International Inc RFP

Holland amp Knight llP RFP-T ask Order

Municipal Testing Lab Inc RFP-Task Order

Adorama RFQamp CSB( b )

Apple Inc NYSOGS(b )

BampH Photo RFQamp CSB ( b )

Benoit Wireless Inc RFQ COW-G NYS-OGS

Corporate Computer Solutions Inc RFQ

Gruskay Connectivity LLC RFQ

Graf amp Lewent Architects UP RFP-Task Order

Triton Construction Company UC RFPmiddot Task Order

Triton Construction Company U C RFP-Task Order

New Procurement

Contract Entered Into in

Project Value FY2017 $64440765

$25229500

$1236976400

$16632602700

$98042369

$98256869

$29409000

$16035200

$4390000 $142051500 bull --middot---

$1261986308 bull $17217500 bull $55842300

$30737900

$24968499

$386499900

$30737900

$650000000 $6624400 $9974600

~

$8000500 $25000000

$4799200 $11277800 $41353900

$67020997

$917448542

$1278600000

$14500000 $2272951600

$159879400

$19123900 $14847449

$6908673600

$10000000 $44371000

$1055593

$1279760

$5307493

$446648 $13813709

$736500 $108933

$26217944 bull $704556500 $781317400

Payment Amount $6873753

$1956866

$58861903

$52996743

$14260164

$8187093

$15594178

$3506895

$600000

- ~ 13552427 $165178743

$734250

$10861139

$4919687

$1100000

$21870577

$363153

$274853900

$1285200

$4104866

$1578781

$25000000

$838159

$1936289

$5875970

$12670611

$2940356

$430925608

$3853531

$257204628

$14625241

$3683416

$6960941

$1689852846

$11750751

$34651147

$1067431

$1279760

$5307493

$446648

$3612408

$736500

$108933

$8869096

$15725530

$1501768

City University Construction Fund 6252018 314 PMFY 2017 Annual Report on Procurement Contracts

CSI Building 2M Renovation Phase 2 Langan Engineering amp Environmental Services Inc RFPmiddotTask Order

CSI Building 2M Renovation Phase 2 STV Construction lnc RFP-Task Order

CSI Building 2M Renovation Phase 2 Superstructures RFP-Task Order

CSI Campus Wide Emergency Generator OBrien amp Gere Engineers Inc RFP -Task Order

CSI Campus Wide Underground Utility URS Corporation RFP-Task Order cs Computational Center HOR lnc RFP cs Computational Center OBrien amp Gere Engineers Inc RFPmiddotTask Order cs Sewer Pump House OLA Consulting Engineers PC RFP-Task Order

CUNY Law New Law School Building Cushman amp Wakefield Inc Single Source ( c I CUNYWIDE CUNY First Syscom Single Source ( d )

CUNYWIDE Data Center Relocation Epic Management Inc RFPmiddotTask Order CUNYWIDE Educational Technology Ellucian Company LP Single Source ( e l CUNYWIDE Teaching labs Epic Management Inc RFPmiddotTask Order

CUNYWIDE Teaching labs Gertler amp Wente Architects LLP RFP-Task Order

CUNYWIOE Teaching Labs Graf amp Lewent Anhltect5 LLP RFP -Task Order ----- middot--- ----- -Graduate Center 9th Floor Conference Room Donald Blair Architects RFPmiddotTask Order

Honors Rooftop HVAC Replacement liRo Program and Construction Management PC RFgt-Task Order

HostosCC Air Handl ing Units Dewberry Engineers Inc RFP-Task Order

Hostos CC Allied Health and Natural Science Building Complex Flad Architects RFP

Hostos cc Flre Alarm 4 75 GC Johnson Controls Inc NYSmiddotOGS Hostos CC HVAC Work OLA Consulting Engineers PC RFP-Task Order

Hostos CC Savoy Building Roof Replacement Expedite Construction Management Services Inc CSB Hostos CC Savoy Building Roof Replacement Superstructures RFP-Task Order

Hunter Chiller Replacement Trane US Inc NYS-OGS Hunter Hunter Lab Renovation 2014 Graf amp Lewent Architects l LP RFP-Task Order--- -- --- - -Hunter Hunter Lab Renovation 2014 TDX Construction Corporation RFP-Task Order

Hunter North Building Ener~ Feasibility Trane US Inc NYS-OGS Hunter Purchase Cornell Condo Weill Cornell Medical College Single Source (f) Hunter Student Union Renovation RCOolner LlC RFPmiddotTask Order Hunter Swing Space Mitchell Giurgola Architects LlP Single Source ( g)

Klmuborough CC Klngsborough CC Fire Alarm Upgrade Siemens Industry Inc NYS-OGS Kingsborough CC Performing Arts Renovation Stephen Yablon Architects PLLC RFP-Task Order Kingsborough CC Student Conference Center Michielli Wyetmer Architects RFP-Task Order Kingsborough CC T2 Building Epic Management lnc RFP-Task Order Klngsborough CC n Phase l HVAC amp Electrical Upgrade OBrien amp Gere Engineers lnc RFPmiddotTask Order Lehman Bookstore Relocation Ikon 5 Architects LLC RfP-Task Order Lehman Child Care Center Axis Construction Corp C5B Lehman Child Care Center Playground KampV Construction Inc CSB Lehman Concert Hall Addition Michielli Wyetzner Architects RFP -Task Order Lehman Department of Social Wor1lt Stephen Yablon Architects PLLC RfP-Task Order Lehman Labs Round Ill Graf amp Lewcnt Architects LLP RFPmiddotTask Order Lehma n Labs Round Ill liRo Program and Construction Management P C RFP-Task Order Lehman Lehman Security System Upgrade Siemens Industry Inc NYSmiddotOGS Lehman LOVinger Theater ADA Compliance Donald Blair Architects RfP-Task Order Lehman Nursing Education Center Urbahn Architects PLLC RFP Lehman Speech amp Theater Amphitheater Michielli Wyetzner Architects RFP-Task Order Lehman Student Health Services Center Graf amp Lewent Architects LLP RFP-Task Order Lehman Teaching amp learning Commons Curtis+ Ginsberg Architects lLP RFPmiddotTask Order Medgar Evers ADA Bathroom amp Athletic Center Stephen Yablon Architects PLLC RFP-Task Order Medgir Evers Bedford Ave Site Reconstruction Thomas Balsley Associates RFP-Task Order NYCCT Namm Hall Heat poundgtchangers Replacement Trane US Inc NYS-OGS

NYCCT New Academic Building Emtec Consultants Professional Engineers PLlC RFP -Task Order NYCCT New Academic Building FJ Sciame Construction Co Inc RFP

$2060000 $619139400

$9356400 $11109200

$49281500 $775000000

$59559300 $31506000

NA $92847700

$2014481000 $76441400

$3 15069752 $72898100

$468346 $56739540

$127000000 $23907600

$932142900 $2947720

$23893000 S 109200000

$12989100 $36716481 $26217944

$493497600 $3230352

$6500000000 $245000000 $252674700

$4294900 $54756550 $16500000

$460493500 $23881000 $35000000

$607770000 $48439200 $44500000 $38065400 $40098948

$361346700 $245652656

$25548483 $290685028

$35005000 $9297800

$43057500 $106584600

$46158013 $49010578

$100395000 $29743323100

----

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--bull

$1986800 $1417766621

$4083250 $4299270 $4009036

$19100000 $34991554

$771311 $1077711

$27199548 $357488565

$33198726 $6181755

$518025 $468346

$3070611 $352123 29 $11702601

$4325781 $306595

$8901326 $49723478

$7215587 $85106910 $15322347 $11345827 $30286554 $43500000

$1765620 $7500

$3000000 $5984242 $1946048

$12904395 $8572716 $4512792

$19629500 $3756805 $5195305 $4370807

$13754658

$1730952 $941776

$1740762 $32004059 $15713883

$665000 $3663169

$16895525 $23623888

$9247126 $38310000

$6994323197

City University Construction Fund 6 25 2018 314 PMFY 2017 Annual Report on Procurement Contracts

Contracts Procured by

Governmental Entities-

NYCCT New Academic Building Genesys Engineering PC DASNY $29950000 NYCCT New Academic Building Municipal Testing Lab Inc RFP-Task Order $89627500

NYCCT New Academic Building Perkins Eastman Architects PC Single Source ( h I $1530882S00

NYCCT New Academic Building Superstructures RFP-Task Order $2625000

Queens Campus Wide Are Alann Klapper Hall Simplex Grinnell NYS-OGS $115651300

Queens Fitzgerald Gym Floor EnTech Engineering PC RFP-Task Order $4266000

Queens Fitzgerald Gym Floor STV Construction Inc RFP-Task Order $325305530

Queens Molecular Ecology amp Research Science l abs Emtec Consultants Professional Engineers PLLC RFP-T ask Order $3000000 Queens Molecular Ecology amp Research Science Labs GC Eng Engineering Associates RFP-Task Order (WASA) $700000

Queens Molecular Ecology amp Research Science Labs LiRo Program and Construction Management PC RFP-Task Order $379763096 Queens Queens ADA Bathroom Arch Builders amp Developers Inc CSB $99999900

Queens Queens ADA Bathroom Future Tech Consultants of New Yock Inc RFP-Task Order $1780000

q ~e~s __ gtIS ADA Bathroom Michielli Wyetzner Architects RFP-Task Order $16420000

State DOL Payment-Underpayment of Funds ( i

Queens Queens ADA Bathroom The Commissioner of labor I NA Queens Razran Half Lab Renovation Graf amp lewent Architects LLP RFP-Task Order $48558536

Queens Remsen Hall Roofing Diaz Architects RFP-Task Order $6255400 Queens Remsen Hall Roofing MT Group LLC RFP-Task Order $960000 Queens Remsen Hall Roofing RJ Green Construction Corp CSB $153050000 Queens Remsen amp SB Environmental labs Perkins Eastman Architects PC RFP-Task Order $29038597 Queens Steam Pipe Replacement Syska Hennessy Group RFP-Task Order $24500000 Queensborough CC _ _ Library ADA Bathroom _ --middot Ikon S Architects LLC RFP-Task Order $13200000 Queensborough CC PAC ADA Reconstruction Goshow Architects LLP RFP-Task Order $18036200 School of Public Health School of Public Health Apple Inc NYS-OGS(b) $2163100 School of Public Health School of Public Health BVK SS West 125th Street LLC Single Source ( j ) NA School of Public Health School of Public Health Dell USA LP NYS-OGS(b) $18625983 York Academic Core HVAC Upgrade Lizardos Eng Assoc PC RFP-Task Order $61187300 York Science Building Fire Alarm Upgrade Johnson Controls Inc NYS-OGS $22359121 York Science Building Retro Commissioning Siemens Industry Inc NYS-OGS $33870787 Grand Total

a) Relects t ransfer of funds provided from the College to OASNY through CUCF for the subject project

(b) Includes mult iple pu rchases

(c) Cushman and Wakefield managed the building containing the Law School and there was a requirement by the condominium to use them 11011 ne LUN M m system mcmoes a new suuent mrormauon system tor processing stuoent recoros stuoent recoros oegm wrtn processing ot targe numoers ot app11catmn

document images These document images are critical to the applicationadmissions process and ongoing student information needs The current application image processing

workflows mu st be revised and modified to property integrate and work in conjunction with the CUNY First system Syscom is currently responsible for administering t he

existing system and has developed h ighly specialized knowledge of the Universi tys admission process Syscoms understanding of the existing systems environment and

workflows makes them uniquely qualified to complete the required work in the most efficient cost effective manner

(e ) Elliclan Degree Works is the University Academic Advisement System in effect since 2004 to provide information on degree requirements course progression and degree completion

rates to over 20000 student s w ithin t he CUNY system For CUNY to maximize the benefit from the application its new functions and be able to implement future releases

t~ is upgrad~~~ consulting services are critical

(f) Weill Cornell Medical College entered into a public-private partnership with CUCF to acquire for CUNY on behalf of Hunter College a full research floor at the new 18 story

medical research facility being constructed by Weill Cornell Medical College

(g) Mitchell-Giurgola Architects (MGA) previously completed an infrastructure study building concept and phasing plan and pre-schematic design for LaGuardia CCs Center 3 building

as well as a full design of the Buildings 8th floor This building will be used to temporarily house Hunter Brookdale campus programs until the new Hunter College Science Building

Is completed Utilizing MGA to design the swing space in the Center 3 Building for these programs will allow for significant cost and t ime savings

(hi Perkins Eastman was part of the team of the orllinal developer chosen through a competitive process for a project which initially included an academic component and a

bull -

bull bull bull

$7499818 $54140000

$100856235

$706911

$19668653

$5891218 $104519444

$3000000

$700000

$300S326S $48198156

$330000

~ $800000

$4935249

$17512081

$5116520

$180000

$77994666

$851201

$1082125 $7278751

$10425145

$2163100 $383333400

$18625983

$3169648

$16287084

$69608815

$13743013036

City University Construction Fund 6252018

FY 2017 Annual Report on Procurement Contracts 314 PM

residential tower For 25 years Perkins Eastman worked on the development of the progrim and the pre-schematic and schematic design phases of the project When CUNY terminated its partnership with the developer and limited the oroiect to onlv the academic component it was determined that Perkins Eastmans understandinR of the proRram and their Involvement in the previous design made them uniquely qualified to continue development of the project In the most expeditious and efficient manner available

(i Finalized 12017 Payment made to DOL for Archer underpayment of wages on Queens ADA Bathroom Project I I (j) BVK 55 West 125th Street LLC holds the lease for the site of this program I I I

Exhibit 2

CITY UNIVERSITY CONSTRUCTION FUND

GUIDELINES FOR PROCUREMENT CONTRACTS

(as amended through June 23 2016)

Section A Introduction

These Guidelines set forth the operative policy and instructions of the City University Construction Fund (the Fund) regarding the use award monitoring and reporting of Procurement Contracts in the actual or estimated amount of $5000 or more

These Guidelines are intended to satisfy the requirements of Section 2879 of the New York State Public Authorities Law and to provide an internal and administrative policy for the Funds trustees officers and employees These Guidelines do not provide third parties with any rights or remedies

Section B Definitions

I Construction ManagementBuild (CMBuild) Contract means a Procurement Contract pursuant to which the Fund hires a construction management firm to manage the overall construction project and to bid and hold each underlying contract for materials labor and services related to the construction of the project The Fund may employ a CMBuild Contract only when the estimated cost ofconstruction is $3 million or more

2 Executive Director means the Executive Director of the CUNY Construction Fund

3 Fund means the CUNY Construction Fund acting through its Board of Trustees or pursuant to a delegation of powers or duties to one or more of its trustees officers agents or employees as may be permitted by Section 6274 of the New York State Education Law

4 Job Order Contract (JOC) means a Procurement Contract resulting from a competitive bid process for an indefinite quantity of construction materials and services which are specified in a Fund-approved catalog by type and unit price for the Fund to use on specified projects to repair maintain and upgrade CUNY facilities the lowest responsible bidder shall bid the lowest adjustment factor by which the_Fund will multiply the fixed unit prices established by the catalog the contract amount shall be the product of the adjustment factor times the catalog prices for the materials and services that the Fund identifies for use on all of each individual project covered by the contract documents

5 Minority Business Enterprise and a Women-Owned Business Enterprise shall have the meanings set forth in Section 2879 of the Public Authorities Law of the State ofNew York and the regulations promulgated thereunder

6 Procurement Contract means any written agreement for the acquisition of goods services (including but not limited to professional services) or interests in real property of any kind or for construction or any combination of these The term does not include any agreement for employment in the civil services or by the Research Foundation of the City

I

University ofNew York Procurement Contractors means any counter-party to a Procurement Contract with the Fund

Section C Selection ofProcurement Contractors and Award and Board Review of Procurement Contracts

I Selection Policy

Consistent with these Guidelines the Fund shall select Procurement Contractors in a manner that (a) is fair and efficient (b) seeks high quality goods services andor construction at reasonable prices and ( c) satisfies state law in providing an opportunity for Minority Business Enterprises and Women-Owned Enterprises to compete for Procurement Contracts so as to facilitate the awarding of a fair share of such contracts to such enterprises

2 Selection Mechanisms

The Fund shall use the fo)lowing mechanisms to select Procurement Contractors for specified goods services interests in real estate andor construction

(a) Competitive Bids The Fund may solicit fixed-price bids and may award the Procurement Contract to a responsible bidder primarily on the basis of the lowest price

(b) Request for Proposals The Fund may solicit specific proposals and award the Procurement Contract on the basis of an evaluation of the characteristics quality and cost of such proposals as set forth in the form of solicitation including without limitation proffered security where security is requested or appropriate

(c) Negotiated Procurement The Fund may negotiate the terms of a Procurement Contract under the circumstanc~s and subject to the conditions set forth below Negotiations may be preceded by preliminary discussions to explore the feasibility of the procurement A Negotiated Procurement may be used in combination with a Request for Proposals

(i) In the case of a Procurement Contract for goods services andor construction the Fund may negotiate with at least three vendors (or in compe]ling circumstances with fewer vendors) and award a Procurement Contract on terms that serve the best interests of the Fund where it is not practical andor advantageous to make an award by Competitive Bids or Request for Proposals because (A) the constraints of a time-sensitive require a prompt selection and award such the need to comply with a court order to secure funding or avoid the loss of funding or to cure the default or unavailability ofan existing contractor (B) there is a limited number of vendors available and able to perform the work (C) an existing contract needs to be extended beyond the contractually stipulated term and extensions and (D) there is a compelling need to use an existing contractor to perform additional work or a later phase of a project

(ii) Jn the case of a contract for the acquisition ofan interest in or the

2

development ofreal property the Fund may negotiate with one or more vendors and award a Procurement Contract in the best interests of the Fund

(d) Single Source When the Executive Director determines that there is only a single responsible source for any goods services interests in real estate andor construction required by the Fund the Fund may award a Procurement Contract without competitive procedures A record setting forth the circumstances under which any such contract was let shall be provided in the annual report of the Fund prepared for the year in which the contract is let

(e) Emergency In the event ofan emergency involving danger to life or property or other unforeseen occurrences requiring immediate action that cannot await the completion of other procurement mechanisms the Executive Director may award a Procurement Contract without competitive procedures For any such Procurement Contract involving an actual or estimated expense of $10000 or more the Executive Director shall prior to executing the contract notify four Trustees of the Fund of the nature and circumstances of the emergency and obtain their approval as to the aware The Executive Director shall present a report of the award of such an emergency contract as an information item at the next regularly scheduled meeting of the Board of Trustees A record setting forth the circumstances under which any such emergency contract was awarded shall be provided in the annual report of the Fund prepared for the year in which the contract is awarded

(t) Contracts Procured by Government Entities The Fund may award a Procurement Contract through existing contracts awarded by government entities ie the State of New York including any authority or public benefit corporation of the State of New York the City of New York including the Department of Education or the Federal Government provided that the Procurement Contract contains material terms including price that are substantially the same as or more favorable than the material terms of the contract with the government entity

(g) Procurement Cards (P-Cards) The Executive Director shall be permitted to utilize Procurement Cards a flexible convenient and efficient means of processing payments for one-time and recurring monthly purchases for payment of reasonable out-of-pocket expenses incurred in the performance of the duties of that office such as subscriptions parking lot fees E-Z Pass tolls and telecommunication charges

(h) Discretionary Purchasing In accordance with Section 2879 of the New York State Public Authorities Law the Fund may use its discretion in the selection of vendors to compete for Procurement Contracts for goods services including architectural services and engineering services andor construction as follows

1 Eligibility to compete for such Procurement Contracts may be limited by the Fund to those vendors Certified as Minority-Owned Business Enterpri ses or Women-Owned Business Enterprises by Empire State Developments Division of Minority and Womens Business Development or Certified as Service-Disabled Veteran-Owned Businesses by the New

3

York State Office of General Services Division of Service-Disabled Veterans Business Development This is to provide an opportunity for such entities to compete for Procurement Contracts so as to facilitate the awarding by the Fund of a fair share of such Procurement Contracts to such entities consistent with State law and these Guidelines

11 The total value of all such Procurement Contract awards by the Fund to a particular vendor cannot exceed $200000

111 Except as otherwise provided in this Section all other provisions of these Guidelines remain in effect

(i) Other Mechanisms Approved by the Funds Board The Fund may use any other procurement mechanism the Board of Trustees shall deem appropriate

3 Advertisement Requirements for Competitive Selection Mechanisms

The solicitation of bids proposals or submissions for a Procurement Contract shalJ be made by the Fund in a manner determined by the Executive Director to be the most cost-effective for providing reasonable competition for the Funds procurement contracts This may include advertisement in appropriate newspapers or trade journals direct mailings and such other outreach mechanisms as are consistent with the policy of these Guidelines with respect to firms considered by the Executive Director to be qualified including without limitation Minority Business Enterprises and Women-Owned Business Enterprises

(a) Procurement Opportunities Newsletter The Executive Director may solicit bids or proposals by placing a listing in the New York State Contract Reporter or any other official listing of bidding opportunities established under Article 4-C of the Economic Development Law or comparable statutes Any such listing shall be made in conformity with the rules and requirements established by the responsible agency such as New York State Department of Economic Development Division for Small Business that are in effect at the time the listing is to be made

(b) General Contents of Solicitations Except as otherwise required (for example by the applicable rules of the Department of Economic Development referred to in item (a) above) each solicitation by the Fund sh al I include (i) the name of the Fund (ii) a description of the goods services andor construction sought the location where goods are to be delivered or services andor construction are to be provided and the contract term (iii) the address where bids or proposals are to be submitted (iv) the date when such bids or proposals are due (v) a description of any eligibility requirement or preference and (vi) any other information that the Executive Director deems useful

(c) Antidiscrimination Language in Fund Solicitations All solicitations of bids or proposals for any procurement contract shall contain or make reference to the following

(i) The contractor will not discriminate against employees or applicants

4

for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal opportunity without discrimination Such programs shall include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retaining including apprenticeship and on-the-job training

(ii) At the request of the Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation of the contractors obligations hereunder

(iii) The contractor will state in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the Fund that will qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status and

(iv) The contractor will include the provisions of subdivisions (i) through (iii) of this section in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

(d) Procurement Contracts for $50000 or More If the actual or estimated cost of a Procurement Contract is fifty thousand dollars ($50 000) or more any solicitation shall be published once in the New York State Contract Reporter published by Empire State Development and at least once in a newspaper of general circulation

(e) Timing At least fifteen business days shall elapse between the first solicitation of bids proposals or submissions or the first publication of any advertisement for bids proposals or submissions and the due date for the submission of bids proposals or submissions

4 Award of Procurement Contracts

(a) Minimum Solicitation Except as otherwise provided in these Guidelines the Executive Director shall solicit bids proposals or submissions from at least three (3) contractors that are qualified to provide the goods services interests in real estate andor construction sought by the Fund and have

5

agreed to consent to the nondiscrimination and compliance provisions required by Section E of these Guidelines Subject to subsections (b) and (c) hereof the Fund shall award the Procurement Contract on the basis of the most favorable combination of criteria applicable respectively to goods services interests in real estate or construction such as quality ability to deliver or perform in a timely manner price or fee structure location technical qualifications financial stability past performance staff availability and experience

(b) Contracts for $10000 or More No Procurement Contract involving an actual or estimated expense of ten thousand dollars ($10000) or more shall be awarded by the Fund unless prior to execution of the contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(c) Contracts for $25000 or More Each Procurement Contract for supplies materials or equipment involving an estimated expense of twenty-five thousand dollars ($25000) or more shall be awarded to the lowest responsible bidder furnishing required security if security is to be required after obtaining competitive bids proposals or submissions for such contract in the manner prescribed herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(d) Construction ManagementBuild (CMBuild) Contracts The Executive Director is authorized to enter into CMBuild contracts as defined herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract A record setting forth the justification for utilizing a CMBuild contract shall be provided to the Board Notwithstanding anything herein to the contrary award shall be made to the highest qualified vendor after successful negotiation of a fair and reasonable pnce

(e) Job Order Contract (JOC) The Executive Director is authorized to enter into JOC contracts as defined herein

(f) Alternative Selection Mechanisms Notwithstanding anything herein to the contrary the Executive Director may recommend that the Board approve procedures for the use and application of a particular selection mechanism other than those set forth in these Guidelines

5 Board Review of Procurement Contracts

For each Procurement Contract to which the Fund is a party the Executive Director will document and describe for the Board the procedure used to select the Procurement Contractor

Section D Minority Business Enterprise and Women-Owned Business Enterprise Participation

1 Solicitation

6

In order to promote the engagement of Minority Business Enterprises and WomenshyOwned Business Enterprises as Procurement Contractors the Fund shall solicit offers from Minority Business Enterprises and Women-Owned Business Enterprises known to supply the goods or provide the services interests in real estate andor construction sought If the provision of any goods services interests in real estate andor construction under a prime contract permits or requires the use of a subcontractors said prime contract shall require the prime contractor to act affirmatively to secure participation by Minority Business Enterprises and Women-Owned Business Enterprises in such subcontract and to report the nature and extent of such efforts to the Fund

2 Maintenance of List of Procurement Contractors Including Minority Business Enterprises and Women-Owned Business Enterprises

The Executive Director shall prepare and update annually a list of potential sources including Minority Business Enterprises and Women-Owned Business Enterprises of goods services interests in real estate andor construction that are regularly purchased by the Fund or that the Fund expects to purchase in the following year Executive Directors report to the Board shall include (a) the list and (b) the procedures established to identify new sources for the list and to notify such new sources of the opportunity to bid for contracts for the purchase of goods services interests in real estate andor construction In identifying qualified sources including Minority Business Enterprises and Women-Owned Business Enterprises the Executive Director shall seek the assistance of agencies of the State ofNew York and the City ofNew York including the Department of Commerce the Office of General Services and the Office of Contract Compliance and Minority and Women-Owned Business Enterprises of the State and the Office of Minority Business Development of the City

3 Qualification as a Minority Business Enterprise or Women-Owned Business Enterprises

The Executive director shall require each contractor seeking to be considered as a Minority Business Enterprise or Women-Owned Business Enterprise by the Fund to submit a written statement describing how it qualifies as a Minority Business Enterprise or Women-Owned Business Enterprise The Fund shall monitor the entities considered to be Minority Business Enterprises and Women-Owned Business Enterprises to ensure their continued satisfaction of the criteria set forth in these Guidelines

Section E Standard Nondiscrimination and Compliance Provisions to be Made a Part of Procurement Contracts

Each Procurement Contract shall include the following nondiscrimination and compliance provisions

I The contractor will not discriminate against any employee or applicant for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal oppo1tunity without discrimination Such programs shall

7

include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retraining including apprenticeship and on-the-job training The contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the substance of this nondiscrimination provision

2 At the request ofthe Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation ofthe contractors obligations hereunder

3 The contractor will state in all solicitations or advertisements for employees placed by or on behalf ofthe contractor in the performance ofthe contract with the Fund that all qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status

4 The contractor will include the provisions of subdivisions (I) through (3) ofthis section in every subcontract or purchase order in such a mannenhat such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

5 The contractor will comply with all provisions ofthis contract and of the rules regulations and orders issued by the Fund to implement the same

6 The contractor will furnish all information and reports required by the Fund and by any applicable rules regulations and any orders issued pursuant thereto and will permit access to its books records and accounts by the Fund for purposes of investigation to ascertain compliance with this contract and such rules regulations and order

7 If the contractor does not comply with the nondiscrimination provisions of this contract or with any such rules regulations or orders this contract may be cancelled terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts involving projects under the auspices ofthe Fund and such other sanctions may be imposed and remedies invoked as are provided by rule regulations or order issued by the Fund or as otherwise provided by law

8 The contractor will include the foregoing provisions in every subcontract or purchase order issued in connection with the performance ofthe prime procurements contract as well as in any agreement with architects engineers accountants and legal counsel for professional services by incorporating the text or by reference thereto so that such provisions will be binding upon each subcontractor professional firm or vendor The contractor will take such action with respect to any subcontract or purchase order as the Fund may direct as a means ofenforcing such provisions including sanctions for noncompliance

9 The provisions of this section shall be deemed supplementary to and not in lieu ofor in substitution for the provisions of the New York State Labor Law relating to

8

nondiscrimination and other applicable Federal State or City law ordinance rule and regulation

I 0 Each contractor having a contract containing these provisions shall file and shall cause each of his subcontractors to file compliance reports with the Fund Compliance reports shall be filed within such time and shall contain such information as to the practices policies programs employment policies and employment statistics of the contractors and each subcontractor and shall be in such form as the Fund may prescribe

11 Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeships or training for such workers the compliance report shall include such information as to such labor unions or agencys practices and policies affecting compliance as the Fund may prescribe provided that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor the contractor shall so certify to the Fund as part ofhis compliance report and shall set forth what efforts he has made to obtain such information

12 The Fund may direct that any bidder or prospective contractor or subcontractor shall submit as part of his compliance report a statement in writing signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training with which the bidder or prospective contractor deals with supporting information to the effect that the signers practice and policies do not discriminate on the ground of race creed color national origin sex sexual orientation age disability or marital status and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this contract or that it consents and agrees that recruitment employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of this contract In the event that the union or the agency shall refuse to execute such a statement the compliance rep01t shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Fund may require

Section F Dispute Resolution Process

All Procurement Contracts for an amount equal to or in excess of $25000 shall include a provision for resolving disputes with the Fund including but not limited to such matters as the scope of work required by the contract the interpretation of the contract and the amount to be paid for extra work Such a provision shall delineate a process that allows disputes to be resolved directly and efficiently between the Fund or its designee and the contractor At a minimum it shall (I) define when a dispute arises for reso lution by the process (2) set forth any limitations and exclusions affecting the subject matter of a dispute (3) designate the Fund s officers to whom the dispute must be directed (4) specify the form and content of notices and other documents to be submitted and the deadlines by which they must be submitted and (5) provide for any meetings to be convened as part of the dispute resolution process In addition in the event that the dispute is not resolved directly between the parties the dispute resolution provision shal l

9

provide for a third party mediator to further review and resolve the dispute with the parties to share equally in the expense of such mediation

Section G Procurement Contracts with Former Trustees Officers or Employees of the Fund

The Fund may not enter into any Procurement Contract with a former trustee officer or employee of the Fund unless that action complies with (I) the Code of Conduct for the Trustees of the Fund and (2) all applicable laws and regulations including without limitation the New York Public Officers Law

Section H Preparation of Annual Report on Procurement Contracts

I The Fund shall annuaJy prepare and approve a report on summarizing the procurement activity of the Fund for the reporting period and the Procurement Contracts entered into by the Fund during the reporting period or otherwise performed by the Fund during the reporting period The Funds annual procurement contract report shall incJude

(a) the Guidelines

(b) an explanation of the Guidelines and any amendments thereto made since the last annual report

(c) a list of all Procurement Contracts entered into since the last annual report

(d) a list of the Procurement Contractors performing services since the last annual report

(e) the selection process used in connection with each Procurement Contract

(f) a list of contract prices fees commissions or other charges paid to each Procurement Contractor and

(g) any statements required by law relating to the Fund s Guidelines or Procurement Contracts

2 The Funds annual report on Procurement Contracts may be made a part of any other annual report

Section I Distribution ofAnnual Report on Procurement Contracts

1 The Fund shall submit its annual repo1t on Procurement Contracts to the Division of the Budget

2 The Fund shall supply copies of its annual report on procurement contracts of the following

(a) Department of Audit and Control of the State of New York

JO

(b) New York State Senate Finance committee and

(c) (c) New York State Assembly Ways and Means Committee

3 The Fund shall make copies of its annual report on Procurement Contracts available to the public upon reasonable request therefore

Section J Amendment of These Guidelines

The Fund shall have the power from time to time to amend these Guidelines by vote of a majority of the Board

Section K Effect ofNoncompliance with Guidelines

Failure by the Fund to comply with the provisions of these Guidelines shall not alter affect the validity of modify the terms of or impair any contract or agreement for goods services interests in real estate andor construction to which the Fund is a party

Section L Prompt Payment

1 Authorization - This Statement of Prompt Payment Policy is adopted by the Members of the Board ofthe CUCF pursuant to the provisions ofSection 2880 ofthe Public Authorities Law

2 Purpose - It is the purpose ofthis Statement ofPrompt Payment Policy ofthe CUCF to set forth the standards for the payment ofbills within specific periods and to prescribe interest charges in situations where payments do not conform to these standards as provided by section 2880 ofthe Public Authorities Law

1 Prompt Payment Policy - It shall be the policy of the CUCF to process contract payments efficiently and expeditiously so as to assure payment in a timely manner to firms and organizations which do business with the CUCF and to avoid to the greatest extent practicable the payment of interest in cases where prompt payment does not occur as provided herein

Rules and Regulations - Pursuant to Section 2880 of the Public Authorities Law the CUCF promulgated Prompt Payment Guidelines effective July 1 2014 The Guidelines may be amended from time to time as needed to comply with the Public Authorities Law

5 Definitions - The following terms shall have the following meanings wiless the context shall indicate another of different meaning or intent

(a) CUCF means the City University Construction Fund (b) Designated Payment Office means the office designated by the CUCF to which a

proper invoice is to be submitted by a contractor

( c) Prompt Payment means payment ofa debt due and owing by the CUCF before

11

interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

14

Page 3: AND THE GUIDELINES FOR PROCUREMENT CONTRACTS That … · Baruch Library Master Plan Baruch Student Computer Lab Baruch Student Computer Lab Baruch - Stud ~nt Computer Lab BMCC ADA

City University Construction Fund 6252018 314 PMFY 2017 Annual Report on Procurement Contracts

CSI Building 2M Renovation Phase 2 Langan Engineering amp Environmental Services Inc RFPmiddotTask Order

CSI Building 2M Renovation Phase 2 STV Construction lnc RFP-Task Order

CSI Building 2M Renovation Phase 2 Superstructures RFP-Task Order

CSI Campus Wide Emergency Generator OBrien amp Gere Engineers Inc RFP -Task Order

CSI Campus Wide Underground Utility URS Corporation RFP-Task Order cs Computational Center HOR lnc RFP cs Computational Center OBrien amp Gere Engineers Inc RFPmiddotTask Order cs Sewer Pump House OLA Consulting Engineers PC RFP-Task Order

CUNY Law New Law School Building Cushman amp Wakefield Inc Single Source ( c I CUNYWIDE CUNY First Syscom Single Source ( d )

CUNYWIDE Data Center Relocation Epic Management Inc RFPmiddotTask Order CUNYWIDE Educational Technology Ellucian Company LP Single Source ( e l CUNYWIDE Teaching labs Epic Management Inc RFPmiddotTask Order

CUNYWIDE Teaching labs Gertler amp Wente Architects LLP RFP-Task Order

CUNYWIOE Teaching Labs Graf amp Lewent Anhltect5 LLP RFP -Task Order ----- middot--- ----- -Graduate Center 9th Floor Conference Room Donald Blair Architects RFPmiddotTask Order

Honors Rooftop HVAC Replacement liRo Program and Construction Management PC RFgt-Task Order

HostosCC Air Handl ing Units Dewberry Engineers Inc RFP-Task Order

Hostos CC Allied Health and Natural Science Building Complex Flad Architects RFP

Hostos cc Flre Alarm 4 75 GC Johnson Controls Inc NYSmiddotOGS Hostos CC HVAC Work OLA Consulting Engineers PC RFP-Task Order

Hostos CC Savoy Building Roof Replacement Expedite Construction Management Services Inc CSB Hostos CC Savoy Building Roof Replacement Superstructures RFP-Task Order

Hunter Chiller Replacement Trane US Inc NYS-OGS Hunter Hunter Lab Renovation 2014 Graf amp Lewent Architects l LP RFP-Task Order--- -- --- - -Hunter Hunter Lab Renovation 2014 TDX Construction Corporation RFP-Task Order

Hunter North Building Ener~ Feasibility Trane US Inc NYS-OGS Hunter Purchase Cornell Condo Weill Cornell Medical College Single Source (f) Hunter Student Union Renovation RCOolner LlC RFPmiddotTask Order Hunter Swing Space Mitchell Giurgola Architects LlP Single Source ( g)

Klmuborough CC Klngsborough CC Fire Alarm Upgrade Siemens Industry Inc NYS-OGS Kingsborough CC Performing Arts Renovation Stephen Yablon Architects PLLC RFP-Task Order Kingsborough CC Student Conference Center Michielli Wyetmer Architects RFP-Task Order Kingsborough CC T2 Building Epic Management lnc RFP-Task Order Klngsborough CC n Phase l HVAC amp Electrical Upgrade OBrien amp Gere Engineers lnc RFPmiddotTask Order Lehman Bookstore Relocation Ikon 5 Architects LLC RfP-Task Order Lehman Child Care Center Axis Construction Corp C5B Lehman Child Care Center Playground KampV Construction Inc CSB Lehman Concert Hall Addition Michielli Wyetzner Architects RFP -Task Order Lehman Department of Social Wor1lt Stephen Yablon Architects PLLC RfP-Task Order Lehman Labs Round Ill Graf amp Lewcnt Architects LLP RFPmiddotTask Order Lehma n Labs Round Ill liRo Program and Construction Management P C RFP-Task Order Lehman Lehman Security System Upgrade Siemens Industry Inc NYSmiddotOGS Lehman LOVinger Theater ADA Compliance Donald Blair Architects RfP-Task Order Lehman Nursing Education Center Urbahn Architects PLLC RFP Lehman Speech amp Theater Amphitheater Michielli Wyetzner Architects RFP-Task Order Lehman Student Health Services Center Graf amp Lewent Architects LLP RFP-Task Order Lehman Teaching amp learning Commons Curtis+ Ginsberg Architects lLP RFPmiddotTask Order Medgar Evers ADA Bathroom amp Athletic Center Stephen Yablon Architects PLLC RFP-Task Order Medgir Evers Bedford Ave Site Reconstruction Thomas Balsley Associates RFP-Task Order NYCCT Namm Hall Heat poundgtchangers Replacement Trane US Inc NYS-OGS

NYCCT New Academic Building Emtec Consultants Professional Engineers PLlC RFP -Task Order NYCCT New Academic Building FJ Sciame Construction Co Inc RFP

$2060000 $619139400

$9356400 $11109200

$49281500 $775000000

$59559300 $31506000

NA $92847700

$2014481000 $76441400

$3 15069752 $72898100

$468346 $56739540

$127000000 $23907600

$932142900 $2947720

$23893000 S 109200000

$12989100 $36716481 $26217944

$493497600 $3230352

$6500000000 $245000000 $252674700

$4294900 $54756550 $16500000

$460493500 $23881000 $35000000

$607770000 $48439200 $44500000 $38065400 $40098948

$361346700 $245652656

$25548483 $290685028

$35005000 $9297800

$43057500 $106584600

$46158013 $49010578

$100395000 $29743323100

----

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--bull

$1986800 $1417766621

$4083250 $4299270 $4009036

$19100000 $34991554

$771311 $1077711

$27199548 $357488565

$33198726 $6181755

$518025 $468346

$3070611 $352123 29 $11702601

$4325781 $306595

$8901326 $49723478

$7215587 $85106910 $15322347 $11345827 $30286554 $43500000

$1765620 $7500

$3000000 $5984242 $1946048

$12904395 $8572716 $4512792

$19629500 $3756805 $5195305 $4370807

$13754658

$1730952 $941776

$1740762 $32004059 $15713883

$665000 $3663169

$16895525 $23623888

$9247126 $38310000

$6994323197

City University Construction Fund 6 25 2018 314 PMFY 2017 Annual Report on Procurement Contracts

Contracts Procured by

Governmental Entities-

NYCCT New Academic Building Genesys Engineering PC DASNY $29950000 NYCCT New Academic Building Municipal Testing Lab Inc RFP-Task Order $89627500

NYCCT New Academic Building Perkins Eastman Architects PC Single Source ( h I $1530882S00

NYCCT New Academic Building Superstructures RFP-Task Order $2625000

Queens Campus Wide Are Alann Klapper Hall Simplex Grinnell NYS-OGS $115651300

Queens Fitzgerald Gym Floor EnTech Engineering PC RFP-Task Order $4266000

Queens Fitzgerald Gym Floor STV Construction Inc RFP-Task Order $325305530

Queens Molecular Ecology amp Research Science l abs Emtec Consultants Professional Engineers PLLC RFP-T ask Order $3000000 Queens Molecular Ecology amp Research Science Labs GC Eng Engineering Associates RFP-Task Order (WASA) $700000

Queens Molecular Ecology amp Research Science Labs LiRo Program and Construction Management PC RFP-Task Order $379763096 Queens Queens ADA Bathroom Arch Builders amp Developers Inc CSB $99999900

Queens Queens ADA Bathroom Future Tech Consultants of New Yock Inc RFP-Task Order $1780000

q ~e~s __ gtIS ADA Bathroom Michielli Wyetzner Architects RFP-Task Order $16420000

State DOL Payment-Underpayment of Funds ( i

Queens Queens ADA Bathroom The Commissioner of labor I NA Queens Razran Half Lab Renovation Graf amp lewent Architects LLP RFP-Task Order $48558536

Queens Remsen Hall Roofing Diaz Architects RFP-Task Order $6255400 Queens Remsen Hall Roofing MT Group LLC RFP-Task Order $960000 Queens Remsen Hall Roofing RJ Green Construction Corp CSB $153050000 Queens Remsen amp SB Environmental labs Perkins Eastman Architects PC RFP-Task Order $29038597 Queens Steam Pipe Replacement Syska Hennessy Group RFP-Task Order $24500000 Queensborough CC _ _ Library ADA Bathroom _ --middot Ikon S Architects LLC RFP-Task Order $13200000 Queensborough CC PAC ADA Reconstruction Goshow Architects LLP RFP-Task Order $18036200 School of Public Health School of Public Health Apple Inc NYS-OGS(b) $2163100 School of Public Health School of Public Health BVK SS West 125th Street LLC Single Source ( j ) NA School of Public Health School of Public Health Dell USA LP NYS-OGS(b) $18625983 York Academic Core HVAC Upgrade Lizardos Eng Assoc PC RFP-Task Order $61187300 York Science Building Fire Alarm Upgrade Johnson Controls Inc NYS-OGS $22359121 York Science Building Retro Commissioning Siemens Industry Inc NYS-OGS $33870787 Grand Total

a) Relects t ransfer of funds provided from the College to OASNY through CUCF for the subject project

(b) Includes mult iple pu rchases

(c) Cushman and Wakefield managed the building containing the Law School and there was a requirement by the condominium to use them 11011 ne LUN M m system mcmoes a new suuent mrormauon system tor processing stuoent recoros stuoent recoros oegm wrtn processing ot targe numoers ot app11catmn

document images These document images are critical to the applicationadmissions process and ongoing student information needs The current application image processing

workflows mu st be revised and modified to property integrate and work in conjunction with the CUNY First system Syscom is currently responsible for administering t he

existing system and has developed h ighly specialized knowledge of the Universi tys admission process Syscoms understanding of the existing systems environment and

workflows makes them uniquely qualified to complete the required work in the most efficient cost effective manner

(e ) Elliclan Degree Works is the University Academic Advisement System in effect since 2004 to provide information on degree requirements course progression and degree completion

rates to over 20000 student s w ithin t he CUNY system For CUNY to maximize the benefit from the application its new functions and be able to implement future releases

t~ is upgrad~~~ consulting services are critical

(f) Weill Cornell Medical College entered into a public-private partnership with CUCF to acquire for CUNY on behalf of Hunter College a full research floor at the new 18 story

medical research facility being constructed by Weill Cornell Medical College

(g) Mitchell-Giurgola Architects (MGA) previously completed an infrastructure study building concept and phasing plan and pre-schematic design for LaGuardia CCs Center 3 building

as well as a full design of the Buildings 8th floor This building will be used to temporarily house Hunter Brookdale campus programs until the new Hunter College Science Building

Is completed Utilizing MGA to design the swing space in the Center 3 Building for these programs will allow for significant cost and t ime savings

(hi Perkins Eastman was part of the team of the orllinal developer chosen through a competitive process for a project which initially included an academic component and a

bull -

bull bull bull

$7499818 $54140000

$100856235

$706911

$19668653

$5891218 $104519444

$3000000

$700000

$300S326S $48198156

$330000

~ $800000

$4935249

$17512081

$5116520

$180000

$77994666

$851201

$1082125 $7278751

$10425145

$2163100 $383333400

$18625983

$3169648

$16287084

$69608815

$13743013036

City University Construction Fund 6252018

FY 2017 Annual Report on Procurement Contracts 314 PM

residential tower For 25 years Perkins Eastman worked on the development of the progrim and the pre-schematic and schematic design phases of the project When CUNY terminated its partnership with the developer and limited the oroiect to onlv the academic component it was determined that Perkins Eastmans understandinR of the proRram and their Involvement in the previous design made them uniquely qualified to continue development of the project In the most expeditious and efficient manner available

(i Finalized 12017 Payment made to DOL for Archer underpayment of wages on Queens ADA Bathroom Project I I (j) BVK 55 West 125th Street LLC holds the lease for the site of this program I I I

Exhibit 2

CITY UNIVERSITY CONSTRUCTION FUND

GUIDELINES FOR PROCUREMENT CONTRACTS

(as amended through June 23 2016)

Section A Introduction

These Guidelines set forth the operative policy and instructions of the City University Construction Fund (the Fund) regarding the use award monitoring and reporting of Procurement Contracts in the actual or estimated amount of $5000 or more

These Guidelines are intended to satisfy the requirements of Section 2879 of the New York State Public Authorities Law and to provide an internal and administrative policy for the Funds trustees officers and employees These Guidelines do not provide third parties with any rights or remedies

Section B Definitions

I Construction ManagementBuild (CMBuild) Contract means a Procurement Contract pursuant to which the Fund hires a construction management firm to manage the overall construction project and to bid and hold each underlying contract for materials labor and services related to the construction of the project The Fund may employ a CMBuild Contract only when the estimated cost ofconstruction is $3 million or more

2 Executive Director means the Executive Director of the CUNY Construction Fund

3 Fund means the CUNY Construction Fund acting through its Board of Trustees or pursuant to a delegation of powers or duties to one or more of its trustees officers agents or employees as may be permitted by Section 6274 of the New York State Education Law

4 Job Order Contract (JOC) means a Procurement Contract resulting from a competitive bid process for an indefinite quantity of construction materials and services which are specified in a Fund-approved catalog by type and unit price for the Fund to use on specified projects to repair maintain and upgrade CUNY facilities the lowest responsible bidder shall bid the lowest adjustment factor by which the_Fund will multiply the fixed unit prices established by the catalog the contract amount shall be the product of the adjustment factor times the catalog prices for the materials and services that the Fund identifies for use on all of each individual project covered by the contract documents

5 Minority Business Enterprise and a Women-Owned Business Enterprise shall have the meanings set forth in Section 2879 of the Public Authorities Law of the State ofNew York and the regulations promulgated thereunder

6 Procurement Contract means any written agreement for the acquisition of goods services (including but not limited to professional services) or interests in real property of any kind or for construction or any combination of these The term does not include any agreement for employment in the civil services or by the Research Foundation of the City

I

University ofNew York Procurement Contractors means any counter-party to a Procurement Contract with the Fund

Section C Selection ofProcurement Contractors and Award and Board Review of Procurement Contracts

I Selection Policy

Consistent with these Guidelines the Fund shall select Procurement Contractors in a manner that (a) is fair and efficient (b) seeks high quality goods services andor construction at reasonable prices and ( c) satisfies state law in providing an opportunity for Minority Business Enterprises and Women-Owned Enterprises to compete for Procurement Contracts so as to facilitate the awarding of a fair share of such contracts to such enterprises

2 Selection Mechanisms

The Fund shall use the fo)lowing mechanisms to select Procurement Contractors for specified goods services interests in real estate andor construction

(a) Competitive Bids The Fund may solicit fixed-price bids and may award the Procurement Contract to a responsible bidder primarily on the basis of the lowest price

(b) Request for Proposals The Fund may solicit specific proposals and award the Procurement Contract on the basis of an evaluation of the characteristics quality and cost of such proposals as set forth in the form of solicitation including without limitation proffered security where security is requested or appropriate

(c) Negotiated Procurement The Fund may negotiate the terms of a Procurement Contract under the circumstanc~s and subject to the conditions set forth below Negotiations may be preceded by preliminary discussions to explore the feasibility of the procurement A Negotiated Procurement may be used in combination with a Request for Proposals

(i) In the case of a Procurement Contract for goods services andor construction the Fund may negotiate with at least three vendors (or in compe]ling circumstances with fewer vendors) and award a Procurement Contract on terms that serve the best interests of the Fund where it is not practical andor advantageous to make an award by Competitive Bids or Request for Proposals because (A) the constraints of a time-sensitive require a prompt selection and award such the need to comply with a court order to secure funding or avoid the loss of funding or to cure the default or unavailability ofan existing contractor (B) there is a limited number of vendors available and able to perform the work (C) an existing contract needs to be extended beyond the contractually stipulated term and extensions and (D) there is a compelling need to use an existing contractor to perform additional work or a later phase of a project

(ii) Jn the case of a contract for the acquisition ofan interest in or the

2

development ofreal property the Fund may negotiate with one or more vendors and award a Procurement Contract in the best interests of the Fund

(d) Single Source When the Executive Director determines that there is only a single responsible source for any goods services interests in real estate andor construction required by the Fund the Fund may award a Procurement Contract without competitive procedures A record setting forth the circumstances under which any such contract was let shall be provided in the annual report of the Fund prepared for the year in which the contract is let

(e) Emergency In the event ofan emergency involving danger to life or property or other unforeseen occurrences requiring immediate action that cannot await the completion of other procurement mechanisms the Executive Director may award a Procurement Contract without competitive procedures For any such Procurement Contract involving an actual or estimated expense of $10000 or more the Executive Director shall prior to executing the contract notify four Trustees of the Fund of the nature and circumstances of the emergency and obtain their approval as to the aware The Executive Director shall present a report of the award of such an emergency contract as an information item at the next regularly scheduled meeting of the Board of Trustees A record setting forth the circumstances under which any such emergency contract was awarded shall be provided in the annual report of the Fund prepared for the year in which the contract is awarded

(t) Contracts Procured by Government Entities The Fund may award a Procurement Contract through existing contracts awarded by government entities ie the State of New York including any authority or public benefit corporation of the State of New York the City of New York including the Department of Education or the Federal Government provided that the Procurement Contract contains material terms including price that are substantially the same as or more favorable than the material terms of the contract with the government entity

(g) Procurement Cards (P-Cards) The Executive Director shall be permitted to utilize Procurement Cards a flexible convenient and efficient means of processing payments for one-time and recurring monthly purchases for payment of reasonable out-of-pocket expenses incurred in the performance of the duties of that office such as subscriptions parking lot fees E-Z Pass tolls and telecommunication charges

(h) Discretionary Purchasing In accordance with Section 2879 of the New York State Public Authorities Law the Fund may use its discretion in the selection of vendors to compete for Procurement Contracts for goods services including architectural services and engineering services andor construction as follows

1 Eligibility to compete for such Procurement Contracts may be limited by the Fund to those vendors Certified as Minority-Owned Business Enterpri ses or Women-Owned Business Enterprises by Empire State Developments Division of Minority and Womens Business Development or Certified as Service-Disabled Veteran-Owned Businesses by the New

3

York State Office of General Services Division of Service-Disabled Veterans Business Development This is to provide an opportunity for such entities to compete for Procurement Contracts so as to facilitate the awarding by the Fund of a fair share of such Procurement Contracts to such entities consistent with State law and these Guidelines

11 The total value of all such Procurement Contract awards by the Fund to a particular vendor cannot exceed $200000

111 Except as otherwise provided in this Section all other provisions of these Guidelines remain in effect

(i) Other Mechanisms Approved by the Funds Board The Fund may use any other procurement mechanism the Board of Trustees shall deem appropriate

3 Advertisement Requirements for Competitive Selection Mechanisms

The solicitation of bids proposals or submissions for a Procurement Contract shalJ be made by the Fund in a manner determined by the Executive Director to be the most cost-effective for providing reasonable competition for the Funds procurement contracts This may include advertisement in appropriate newspapers or trade journals direct mailings and such other outreach mechanisms as are consistent with the policy of these Guidelines with respect to firms considered by the Executive Director to be qualified including without limitation Minority Business Enterprises and Women-Owned Business Enterprises

(a) Procurement Opportunities Newsletter The Executive Director may solicit bids or proposals by placing a listing in the New York State Contract Reporter or any other official listing of bidding opportunities established under Article 4-C of the Economic Development Law or comparable statutes Any such listing shall be made in conformity with the rules and requirements established by the responsible agency such as New York State Department of Economic Development Division for Small Business that are in effect at the time the listing is to be made

(b) General Contents of Solicitations Except as otherwise required (for example by the applicable rules of the Department of Economic Development referred to in item (a) above) each solicitation by the Fund sh al I include (i) the name of the Fund (ii) a description of the goods services andor construction sought the location where goods are to be delivered or services andor construction are to be provided and the contract term (iii) the address where bids or proposals are to be submitted (iv) the date when such bids or proposals are due (v) a description of any eligibility requirement or preference and (vi) any other information that the Executive Director deems useful

(c) Antidiscrimination Language in Fund Solicitations All solicitations of bids or proposals for any procurement contract shall contain or make reference to the following

(i) The contractor will not discriminate against employees or applicants

4

for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal opportunity without discrimination Such programs shall include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retaining including apprenticeship and on-the-job training

(ii) At the request of the Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation of the contractors obligations hereunder

(iii) The contractor will state in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the Fund that will qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status and

(iv) The contractor will include the provisions of subdivisions (i) through (iii) of this section in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

(d) Procurement Contracts for $50000 or More If the actual or estimated cost of a Procurement Contract is fifty thousand dollars ($50 000) or more any solicitation shall be published once in the New York State Contract Reporter published by Empire State Development and at least once in a newspaper of general circulation

(e) Timing At least fifteen business days shall elapse between the first solicitation of bids proposals or submissions or the first publication of any advertisement for bids proposals or submissions and the due date for the submission of bids proposals or submissions

4 Award of Procurement Contracts

(a) Minimum Solicitation Except as otherwise provided in these Guidelines the Executive Director shall solicit bids proposals or submissions from at least three (3) contractors that are qualified to provide the goods services interests in real estate andor construction sought by the Fund and have

5

agreed to consent to the nondiscrimination and compliance provisions required by Section E of these Guidelines Subject to subsections (b) and (c) hereof the Fund shall award the Procurement Contract on the basis of the most favorable combination of criteria applicable respectively to goods services interests in real estate or construction such as quality ability to deliver or perform in a timely manner price or fee structure location technical qualifications financial stability past performance staff availability and experience

(b) Contracts for $10000 or More No Procurement Contract involving an actual or estimated expense of ten thousand dollars ($10000) or more shall be awarded by the Fund unless prior to execution of the contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(c) Contracts for $25000 or More Each Procurement Contract for supplies materials or equipment involving an estimated expense of twenty-five thousand dollars ($25000) or more shall be awarded to the lowest responsible bidder furnishing required security if security is to be required after obtaining competitive bids proposals or submissions for such contract in the manner prescribed herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(d) Construction ManagementBuild (CMBuild) Contracts The Executive Director is authorized to enter into CMBuild contracts as defined herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract A record setting forth the justification for utilizing a CMBuild contract shall be provided to the Board Notwithstanding anything herein to the contrary award shall be made to the highest qualified vendor after successful negotiation of a fair and reasonable pnce

(e) Job Order Contract (JOC) The Executive Director is authorized to enter into JOC contracts as defined herein

(f) Alternative Selection Mechanisms Notwithstanding anything herein to the contrary the Executive Director may recommend that the Board approve procedures for the use and application of a particular selection mechanism other than those set forth in these Guidelines

5 Board Review of Procurement Contracts

For each Procurement Contract to which the Fund is a party the Executive Director will document and describe for the Board the procedure used to select the Procurement Contractor

Section D Minority Business Enterprise and Women-Owned Business Enterprise Participation

1 Solicitation

6

In order to promote the engagement of Minority Business Enterprises and WomenshyOwned Business Enterprises as Procurement Contractors the Fund shall solicit offers from Minority Business Enterprises and Women-Owned Business Enterprises known to supply the goods or provide the services interests in real estate andor construction sought If the provision of any goods services interests in real estate andor construction under a prime contract permits or requires the use of a subcontractors said prime contract shall require the prime contractor to act affirmatively to secure participation by Minority Business Enterprises and Women-Owned Business Enterprises in such subcontract and to report the nature and extent of such efforts to the Fund

2 Maintenance of List of Procurement Contractors Including Minority Business Enterprises and Women-Owned Business Enterprises

The Executive Director shall prepare and update annually a list of potential sources including Minority Business Enterprises and Women-Owned Business Enterprises of goods services interests in real estate andor construction that are regularly purchased by the Fund or that the Fund expects to purchase in the following year Executive Directors report to the Board shall include (a) the list and (b) the procedures established to identify new sources for the list and to notify such new sources of the opportunity to bid for contracts for the purchase of goods services interests in real estate andor construction In identifying qualified sources including Minority Business Enterprises and Women-Owned Business Enterprises the Executive Director shall seek the assistance of agencies of the State ofNew York and the City ofNew York including the Department of Commerce the Office of General Services and the Office of Contract Compliance and Minority and Women-Owned Business Enterprises of the State and the Office of Minority Business Development of the City

3 Qualification as a Minority Business Enterprise or Women-Owned Business Enterprises

The Executive director shall require each contractor seeking to be considered as a Minority Business Enterprise or Women-Owned Business Enterprise by the Fund to submit a written statement describing how it qualifies as a Minority Business Enterprise or Women-Owned Business Enterprise The Fund shall monitor the entities considered to be Minority Business Enterprises and Women-Owned Business Enterprises to ensure their continued satisfaction of the criteria set forth in these Guidelines

Section E Standard Nondiscrimination and Compliance Provisions to be Made a Part of Procurement Contracts

Each Procurement Contract shall include the following nondiscrimination and compliance provisions

I The contractor will not discriminate against any employee or applicant for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal oppo1tunity without discrimination Such programs shall

7

include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retraining including apprenticeship and on-the-job training The contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the substance of this nondiscrimination provision

2 At the request ofthe Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation ofthe contractors obligations hereunder

3 The contractor will state in all solicitations or advertisements for employees placed by or on behalf ofthe contractor in the performance ofthe contract with the Fund that all qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status

4 The contractor will include the provisions of subdivisions (I) through (3) ofthis section in every subcontract or purchase order in such a mannenhat such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

5 The contractor will comply with all provisions ofthis contract and of the rules regulations and orders issued by the Fund to implement the same

6 The contractor will furnish all information and reports required by the Fund and by any applicable rules regulations and any orders issued pursuant thereto and will permit access to its books records and accounts by the Fund for purposes of investigation to ascertain compliance with this contract and such rules regulations and order

7 If the contractor does not comply with the nondiscrimination provisions of this contract or with any such rules regulations or orders this contract may be cancelled terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts involving projects under the auspices ofthe Fund and such other sanctions may be imposed and remedies invoked as are provided by rule regulations or order issued by the Fund or as otherwise provided by law

8 The contractor will include the foregoing provisions in every subcontract or purchase order issued in connection with the performance ofthe prime procurements contract as well as in any agreement with architects engineers accountants and legal counsel for professional services by incorporating the text or by reference thereto so that such provisions will be binding upon each subcontractor professional firm or vendor The contractor will take such action with respect to any subcontract or purchase order as the Fund may direct as a means ofenforcing such provisions including sanctions for noncompliance

9 The provisions of this section shall be deemed supplementary to and not in lieu ofor in substitution for the provisions of the New York State Labor Law relating to

8

nondiscrimination and other applicable Federal State or City law ordinance rule and regulation

I 0 Each contractor having a contract containing these provisions shall file and shall cause each of his subcontractors to file compliance reports with the Fund Compliance reports shall be filed within such time and shall contain such information as to the practices policies programs employment policies and employment statistics of the contractors and each subcontractor and shall be in such form as the Fund may prescribe

11 Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeships or training for such workers the compliance report shall include such information as to such labor unions or agencys practices and policies affecting compliance as the Fund may prescribe provided that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor the contractor shall so certify to the Fund as part ofhis compliance report and shall set forth what efforts he has made to obtain such information

12 The Fund may direct that any bidder or prospective contractor or subcontractor shall submit as part of his compliance report a statement in writing signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training with which the bidder or prospective contractor deals with supporting information to the effect that the signers practice and policies do not discriminate on the ground of race creed color national origin sex sexual orientation age disability or marital status and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this contract or that it consents and agrees that recruitment employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of this contract In the event that the union or the agency shall refuse to execute such a statement the compliance rep01t shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Fund may require

Section F Dispute Resolution Process

All Procurement Contracts for an amount equal to or in excess of $25000 shall include a provision for resolving disputes with the Fund including but not limited to such matters as the scope of work required by the contract the interpretation of the contract and the amount to be paid for extra work Such a provision shall delineate a process that allows disputes to be resolved directly and efficiently between the Fund or its designee and the contractor At a minimum it shall (I) define when a dispute arises for reso lution by the process (2) set forth any limitations and exclusions affecting the subject matter of a dispute (3) designate the Fund s officers to whom the dispute must be directed (4) specify the form and content of notices and other documents to be submitted and the deadlines by which they must be submitted and (5) provide for any meetings to be convened as part of the dispute resolution process In addition in the event that the dispute is not resolved directly between the parties the dispute resolution provision shal l

9

provide for a third party mediator to further review and resolve the dispute with the parties to share equally in the expense of such mediation

Section G Procurement Contracts with Former Trustees Officers or Employees of the Fund

The Fund may not enter into any Procurement Contract with a former trustee officer or employee of the Fund unless that action complies with (I) the Code of Conduct for the Trustees of the Fund and (2) all applicable laws and regulations including without limitation the New York Public Officers Law

Section H Preparation of Annual Report on Procurement Contracts

I The Fund shall annuaJy prepare and approve a report on summarizing the procurement activity of the Fund for the reporting period and the Procurement Contracts entered into by the Fund during the reporting period or otherwise performed by the Fund during the reporting period The Funds annual procurement contract report shall incJude

(a) the Guidelines

(b) an explanation of the Guidelines and any amendments thereto made since the last annual report

(c) a list of all Procurement Contracts entered into since the last annual report

(d) a list of the Procurement Contractors performing services since the last annual report

(e) the selection process used in connection with each Procurement Contract

(f) a list of contract prices fees commissions or other charges paid to each Procurement Contractor and

(g) any statements required by law relating to the Fund s Guidelines or Procurement Contracts

2 The Funds annual report on Procurement Contracts may be made a part of any other annual report

Section I Distribution ofAnnual Report on Procurement Contracts

1 The Fund shall submit its annual repo1t on Procurement Contracts to the Division of the Budget

2 The Fund shall supply copies of its annual report on procurement contracts of the following

(a) Department of Audit and Control of the State of New York

JO

(b) New York State Senate Finance committee and

(c) (c) New York State Assembly Ways and Means Committee

3 The Fund shall make copies of its annual report on Procurement Contracts available to the public upon reasonable request therefore

Section J Amendment of These Guidelines

The Fund shall have the power from time to time to amend these Guidelines by vote of a majority of the Board

Section K Effect ofNoncompliance with Guidelines

Failure by the Fund to comply with the provisions of these Guidelines shall not alter affect the validity of modify the terms of or impair any contract or agreement for goods services interests in real estate andor construction to which the Fund is a party

Section L Prompt Payment

1 Authorization - This Statement of Prompt Payment Policy is adopted by the Members of the Board ofthe CUCF pursuant to the provisions ofSection 2880 ofthe Public Authorities Law

2 Purpose - It is the purpose ofthis Statement ofPrompt Payment Policy ofthe CUCF to set forth the standards for the payment ofbills within specific periods and to prescribe interest charges in situations where payments do not conform to these standards as provided by section 2880 ofthe Public Authorities Law

1 Prompt Payment Policy - It shall be the policy of the CUCF to process contract payments efficiently and expeditiously so as to assure payment in a timely manner to firms and organizations which do business with the CUCF and to avoid to the greatest extent practicable the payment of interest in cases where prompt payment does not occur as provided herein

Rules and Regulations - Pursuant to Section 2880 of the Public Authorities Law the CUCF promulgated Prompt Payment Guidelines effective July 1 2014 The Guidelines may be amended from time to time as needed to comply with the Public Authorities Law

5 Definitions - The following terms shall have the following meanings wiless the context shall indicate another of different meaning or intent

(a) CUCF means the City University Construction Fund (b) Designated Payment Office means the office designated by the CUCF to which a

proper invoice is to be submitted by a contractor

( c) Prompt Payment means payment ofa debt due and owing by the CUCF before

11

interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

14

Page 4: AND THE GUIDELINES FOR PROCUREMENT CONTRACTS That … · Baruch Library Master Plan Baruch Student Computer Lab Baruch Student Computer Lab Baruch - Stud ~nt Computer Lab BMCC ADA

City University Construction Fund 6 25 2018 314 PMFY 2017 Annual Report on Procurement Contracts

Contracts Procured by

Governmental Entities-

NYCCT New Academic Building Genesys Engineering PC DASNY $29950000 NYCCT New Academic Building Municipal Testing Lab Inc RFP-Task Order $89627500

NYCCT New Academic Building Perkins Eastman Architects PC Single Source ( h I $1530882S00

NYCCT New Academic Building Superstructures RFP-Task Order $2625000

Queens Campus Wide Are Alann Klapper Hall Simplex Grinnell NYS-OGS $115651300

Queens Fitzgerald Gym Floor EnTech Engineering PC RFP-Task Order $4266000

Queens Fitzgerald Gym Floor STV Construction Inc RFP-Task Order $325305530

Queens Molecular Ecology amp Research Science l abs Emtec Consultants Professional Engineers PLLC RFP-T ask Order $3000000 Queens Molecular Ecology amp Research Science Labs GC Eng Engineering Associates RFP-Task Order (WASA) $700000

Queens Molecular Ecology amp Research Science Labs LiRo Program and Construction Management PC RFP-Task Order $379763096 Queens Queens ADA Bathroom Arch Builders amp Developers Inc CSB $99999900

Queens Queens ADA Bathroom Future Tech Consultants of New Yock Inc RFP-Task Order $1780000

q ~e~s __ gtIS ADA Bathroom Michielli Wyetzner Architects RFP-Task Order $16420000

State DOL Payment-Underpayment of Funds ( i

Queens Queens ADA Bathroom The Commissioner of labor I NA Queens Razran Half Lab Renovation Graf amp lewent Architects LLP RFP-Task Order $48558536

Queens Remsen Hall Roofing Diaz Architects RFP-Task Order $6255400 Queens Remsen Hall Roofing MT Group LLC RFP-Task Order $960000 Queens Remsen Hall Roofing RJ Green Construction Corp CSB $153050000 Queens Remsen amp SB Environmental labs Perkins Eastman Architects PC RFP-Task Order $29038597 Queens Steam Pipe Replacement Syska Hennessy Group RFP-Task Order $24500000 Queensborough CC _ _ Library ADA Bathroom _ --middot Ikon S Architects LLC RFP-Task Order $13200000 Queensborough CC PAC ADA Reconstruction Goshow Architects LLP RFP-Task Order $18036200 School of Public Health School of Public Health Apple Inc NYS-OGS(b) $2163100 School of Public Health School of Public Health BVK SS West 125th Street LLC Single Source ( j ) NA School of Public Health School of Public Health Dell USA LP NYS-OGS(b) $18625983 York Academic Core HVAC Upgrade Lizardos Eng Assoc PC RFP-Task Order $61187300 York Science Building Fire Alarm Upgrade Johnson Controls Inc NYS-OGS $22359121 York Science Building Retro Commissioning Siemens Industry Inc NYS-OGS $33870787 Grand Total

a) Relects t ransfer of funds provided from the College to OASNY through CUCF for the subject project

(b) Includes mult iple pu rchases

(c) Cushman and Wakefield managed the building containing the Law School and there was a requirement by the condominium to use them 11011 ne LUN M m system mcmoes a new suuent mrormauon system tor processing stuoent recoros stuoent recoros oegm wrtn processing ot targe numoers ot app11catmn

document images These document images are critical to the applicationadmissions process and ongoing student information needs The current application image processing

workflows mu st be revised and modified to property integrate and work in conjunction with the CUNY First system Syscom is currently responsible for administering t he

existing system and has developed h ighly specialized knowledge of the Universi tys admission process Syscoms understanding of the existing systems environment and

workflows makes them uniquely qualified to complete the required work in the most efficient cost effective manner

(e ) Elliclan Degree Works is the University Academic Advisement System in effect since 2004 to provide information on degree requirements course progression and degree completion

rates to over 20000 student s w ithin t he CUNY system For CUNY to maximize the benefit from the application its new functions and be able to implement future releases

t~ is upgrad~~~ consulting services are critical

(f) Weill Cornell Medical College entered into a public-private partnership with CUCF to acquire for CUNY on behalf of Hunter College a full research floor at the new 18 story

medical research facility being constructed by Weill Cornell Medical College

(g) Mitchell-Giurgola Architects (MGA) previously completed an infrastructure study building concept and phasing plan and pre-schematic design for LaGuardia CCs Center 3 building

as well as a full design of the Buildings 8th floor This building will be used to temporarily house Hunter Brookdale campus programs until the new Hunter College Science Building

Is completed Utilizing MGA to design the swing space in the Center 3 Building for these programs will allow for significant cost and t ime savings

(hi Perkins Eastman was part of the team of the orllinal developer chosen through a competitive process for a project which initially included an academic component and a

bull -

bull bull bull

$7499818 $54140000

$100856235

$706911

$19668653

$5891218 $104519444

$3000000

$700000

$300S326S $48198156

$330000

~ $800000

$4935249

$17512081

$5116520

$180000

$77994666

$851201

$1082125 $7278751

$10425145

$2163100 $383333400

$18625983

$3169648

$16287084

$69608815

$13743013036

City University Construction Fund 6252018

FY 2017 Annual Report on Procurement Contracts 314 PM

residential tower For 25 years Perkins Eastman worked on the development of the progrim and the pre-schematic and schematic design phases of the project When CUNY terminated its partnership with the developer and limited the oroiect to onlv the academic component it was determined that Perkins Eastmans understandinR of the proRram and their Involvement in the previous design made them uniquely qualified to continue development of the project In the most expeditious and efficient manner available

(i Finalized 12017 Payment made to DOL for Archer underpayment of wages on Queens ADA Bathroom Project I I (j) BVK 55 West 125th Street LLC holds the lease for the site of this program I I I

Exhibit 2

CITY UNIVERSITY CONSTRUCTION FUND

GUIDELINES FOR PROCUREMENT CONTRACTS

(as amended through June 23 2016)

Section A Introduction

These Guidelines set forth the operative policy and instructions of the City University Construction Fund (the Fund) regarding the use award monitoring and reporting of Procurement Contracts in the actual or estimated amount of $5000 or more

These Guidelines are intended to satisfy the requirements of Section 2879 of the New York State Public Authorities Law and to provide an internal and administrative policy for the Funds trustees officers and employees These Guidelines do not provide third parties with any rights or remedies

Section B Definitions

I Construction ManagementBuild (CMBuild) Contract means a Procurement Contract pursuant to which the Fund hires a construction management firm to manage the overall construction project and to bid and hold each underlying contract for materials labor and services related to the construction of the project The Fund may employ a CMBuild Contract only when the estimated cost ofconstruction is $3 million or more

2 Executive Director means the Executive Director of the CUNY Construction Fund

3 Fund means the CUNY Construction Fund acting through its Board of Trustees or pursuant to a delegation of powers or duties to one or more of its trustees officers agents or employees as may be permitted by Section 6274 of the New York State Education Law

4 Job Order Contract (JOC) means a Procurement Contract resulting from a competitive bid process for an indefinite quantity of construction materials and services which are specified in a Fund-approved catalog by type and unit price for the Fund to use on specified projects to repair maintain and upgrade CUNY facilities the lowest responsible bidder shall bid the lowest adjustment factor by which the_Fund will multiply the fixed unit prices established by the catalog the contract amount shall be the product of the adjustment factor times the catalog prices for the materials and services that the Fund identifies for use on all of each individual project covered by the contract documents

5 Minority Business Enterprise and a Women-Owned Business Enterprise shall have the meanings set forth in Section 2879 of the Public Authorities Law of the State ofNew York and the regulations promulgated thereunder

6 Procurement Contract means any written agreement for the acquisition of goods services (including but not limited to professional services) or interests in real property of any kind or for construction or any combination of these The term does not include any agreement for employment in the civil services or by the Research Foundation of the City

I

University ofNew York Procurement Contractors means any counter-party to a Procurement Contract with the Fund

Section C Selection ofProcurement Contractors and Award and Board Review of Procurement Contracts

I Selection Policy

Consistent with these Guidelines the Fund shall select Procurement Contractors in a manner that (a) is fair and efficient (b) seeks high quality goods services andor construction at reasonable prices and ( c) satisfies state law in providing an opportunity for Minority Business Enterprises and Women-Owned Enterprises to compete for Procurement Contracts so as to facilitate the awarding of a fair share of such contracts to such enterprises

2 Selection Mechanisms

The Fund shall use the fo)lowing mechanisms to select Procurement Contractors for specified goods services interests in real estate andor construction

(a) Competitive Bids The Fund may solicit fixed-price bids and may award the Procurement Contract to a responsible bidder primarily on the basis of the lowest price

(b) Request for Proposals The Fund may solicit specific proposals and award the Procurement Contract on the basis of an evaluation of the characteristics quality and cost of such proposals as set forth in the form of solicitation including without limitation proffered security where security is requested or appropriate

(c) Negotiated Procurement The Fund may negotiate the terms of a Procurement Contract under the circumstanc~s and subject to the conditions set forth below Negotiations may be preceded by preliminary discussions to explore the feasibility of the procurement A Negotiated Procurement may be used in combination with a Request for Proposals

(i) In the case of a Procurement Contract for goods services andor construction the Fund may negotiate with at least three vendors (or in compe]ling circumstances with fewer vendors) and award a Procurement Contract on terms that serve the best interests of the Fund where it is not practical andor advantageous to make an award by Competitive Bids or Request for Proposals because (A) the constraints of a time-sensitive require a prompt selection and award such the need to comply with a court order to secure funding or avoid the loss of funding or to cure the default or unavailability ofan existing contractor (B) there is a limited number of vendors available and able to perform the work (C) an existing contract needs to be extended beyond the contractually stipulated term and extensions and (D) there is a compelling need to use an existing contractor to perform additional work or a later phase of a project

(ii) Jn the case of a contract for the acquisition ofan interest in or the

2

development ofreal property the Fund may negotiate with one or more vendors and award a Procurement Contract in the best interests of the Fund

(d) Single Source When the Executive Director determines that there is only a single responsible source for any goods services interests in real estate andor construction required by the Fund the Fund may award a Procurement Contract without competitive procedures A record setting forth the circumstances under which any such contract was let shall be provided in the annual report of the Fund prepared for the year in which the contract is let

(e) Emergency In the event ofan emergency involving danger to life or property or other unforeseen occurrences requiring immediate action that cannot await the completion of other procurement mechanisms the Executive Director may award a Procurement Contract without competitive procedures For any such Procurement Contract involving an actual or estimated expense of $10000 or more the Executive Director shall prior to executing the contract notify four Trustees of the Fund of the nature and circumstances of the emergency and obtain their approval as to the aware The Executive Director shall present a report of the award of such an emergency contract as an information item at the next regularly scheduled meeting of the Board of Trustees A record setting forth the circumstances under which any such emergency contract was awarded shall be provided in the annual report of the Fund prepared for the year in which the contract is awarded

(t) Contracts Procured by Government Entities The Fund may award a Procurement Contract through existing contracts awarded by government entities ie the State of New York including any authority or public benefit corporation of the State of New York the City of New York including the Department of Education or the Federal Government provided that the Procurement Contract contains material terms including price that are substantially the same as or more favorable than the material terms of the contract with the government entity

(g) Procurement Cards (P-Cards) The Executive Director shall be permitted to utilize Procurement Cards a flexible convenient and efficient means of processing payments for one-time and recurring monthly purchases for payment of reasonable out-of-pocket expenses incurred in the performance of the duties of that office such as subscriptions parking lot fees E-Z Pass tolls and telecommunication charges

(h) Discretionary Purchasing In accordance with Section 2879 of the New York State Public Authorities Law the Fund may use its discretion in the selection of vendors to compete for Procurement Contracts for goods services including architectural services and engineering services andor construction as follows

1 Eligibility to compete for such Procurement Contracts may be limited by the Fund to those vendors Certified as Minority-Owned Business Enterpri ses or Women-Owned Business Enterprises by Empire State Developments Division of Minority and Womens Business Development or Certified as Service-Disabled Veteran-Owned Businesses by the New

3

York State Office of General Services Division of Service-Disabled Veterans Business Development This is to provide an opportunity for such entities to compete for Procurement Contracts so as to facilitate the awarding by the Fund of a fair share of such Procurement Contracts to such entities consistent with State law and these Guidelines

11 The total value of all such Procurement Contract awards by the Fund to a particular vendor cannot exceed $200000

111 Except as otherwise provided in this Section all other provisions of these Guidelines remain in effect

(i) Other Mechanisms Approved by the Funds Board The Fund may use any other procurement mechanism the Board of Trustees shall deem appropriate

3 Advertisement Requirements for Competitive Selection Mechanisms

The solicitation of bids proposals or submissions for a Procurement Contract shalJ be made by the Fund in a manner determined by the Executive Director to be the most cost-effective for providing reasonable competition for the Funds procurement contracts This may include advertisement in appropriate newspapers or trade journals direct mailings and such other outreach mechanisms as are consistent with the policy of these Guidelines with respect to firms considered by the Executive Director to be qualified including without limitation Minority Business Enterprises and Women-Owned Business Enterprises

(a) Procurement Opportunities Newsletter The Executive Director may solicit bids or proposals by placing a listing in the New York State Contract Reporter or any other official listing of bidding opportunities established under Article 4-C of the Economic Development Law or comparable statutes Any such listing shall be made in conformity with the rules and requirements established by the responsible agency such as New York State Department of Economic Development Division for Small Business that are in effect at the time the listing is to be made

(b) General Contents of Solicitations Except as otherwise required (for example by the applicable rules of the Department of Economic Development referred to in item (a) above) each solicitation by the Fund sh al I include (i) the name of the Fund (ii) a description of the goods services andor construction sought the location where goods are to be delivered or services andor construction are to be provided and the contract term (iii) the address where bids or proposals are to be submitted (iv) the date when such bids or proposals are due (v) a description of any eligibility requirement or preference and (vi) any other information that the Executive Director deems useful

(c) Antidiscrimination Language in Fund Solicitations All solicitations of bids or proposals for any procurement contract shall contain or make reference to the following

(i) The contractor will not discriminate against employees or applicants

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for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal opportunity without discrimination Such programs shall include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retaining including apprenticeship and on-the-job training

(ii) At the request of the Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation of the contractors obligations hereunder

(iii) The contractor will state in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the Fund that will qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status and

(iv) The contractor will include the provisions of subdivisions (i) through (iii) of this section in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

(d) Procurement Contracts for $50000 or More If the actual or estimated cost of a Procurement Contract is fifty thousand dollars ($50 000) or more any solicitation shall be published once in the New York State Contract Reporter published by Empire State Development and at least once in a newspaper of general circulation

(e) Timing At least fifteen business days shall elapse between the first solicitation of bids proposals or submissions or the first publication of any advertisement for bids proposals or submissions and the due date for the submission of bids proposals or submissions

4 Award of Procurement Contracts

(a) Minimum Solicitation Except as otherwise provided in these Guidelines the Executive Director shall solicit bids proposals or submissions from at least three (3) contractors that are qualified to provide the goods services interests in real estate andor construction sought by the Fund and have

5

agreed to consent to the nondiscrimination and compliance provisions required by Section E of these Guidelines Subject to subsections (b) and (c) hereof the Fund shall award the Procurement Contract on the basis of the most favorable combination of criteria applicable respectively to goods services interests in real estate or construction such as quality ability to deliver or perform in a timely manner price or fee structure location technical qualifications financial stability past performance staff availability and experience

(b) Contracts for $10000 or More No Procurement Contract involving an actual or estimated expense of ten thousand dollars ($10000) or more shall be awarded by the Fund unless prior to execution of the contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(c) Contracts for $25000 or More Each Procurement Contract for supplies materials or equipment involving an estimated expense of twenty-five thousand dollars ($25000) or more shall be awarded to the lowest responsible bidder furnishing required security if security is to be required after obtaining competitive bids proposals or submissions for such contract in the manner prescribed herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(d) Construction ManagementBuild (CMBuild) Contracts The Executive Director is authorized to enter into CMBuild contracts as defined herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract A record setting forth the justification for utilizing a CMBuild contract shall be provided to the Board Notwithstanding anything herein to the contrary award shall be made to the highest qualified vendor after successful negotiation of a fair and reasonable pnce

(e) Job Order Contract (JOC) The Executive Director is authorized to enter into JOC contracts as defined herein

(f) Alternative Selection Mechanisms Notwithstanding anything herein to the contrary the Executive Director may recommend that the Board approve procedures for the use and application of a particular selection mechanism other than those set forth in these Guidelines

5 Board Review of Procurement Contracts

For each Procurement Contract to which the Fund is a party the Executive Director will document and describe for the Board the procedure used to select the Procurement Contractor

Section D Minority Business Enterprise and Women-Owned Business Enterprise Participation

1 Solicitation

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In order to promote the engagement of Minority Business Enterprises and WomenshyOwned Business Enterprises as Procurement Contractors the Fund shall solicit offers from Minority Business Enterprises and Women-Owned Business Enterprises known to supply the goods or provide the services interests in real estate andor construction sought If the provision of any goods services interests in real estate andor construction under a prime contract permits or requires the use of a subcontractors said prime contract shall require the prime contractor to act affirmatively to secure participation by Minority Business Enterprises and Women-Owned Business Enterprises in such subcontract and to report the nature and extent of such efforts to the Fund

2 Maintenance of List of Procurement Contractors Including Minority Business Enterprises and Women-Owned Business Enterprises

The Executive Director shall prepare and update annually a list of potential sources including Minority Business Enterprises and Women-Owned Business Enterprises of goods services interests in real estate andor construction that are regularly purchased by the Fund or that the Fund expects to purchase in the following year Executive Directors report to the Board shall include (a) the list and (b) the procedures established to identify new sources for the list and to notify such new sources of the opportunity to bid for contracts for the purchase of goods services interests in real estate andor construction In identifying qualified sources including Minority Business Enterprises and Women-Owned Business Enterprises the Executive Director shall seek the assistance of agencies of the State ofNew York and the City ofNew York including the Department of Commerce the Office of General Services and the Office of Contract Compliance and Minority and Women-Owned Business Enterprises of the State and the Office of Minority Business Development of the City

3 Qualification as a Minority Business Enterprise or Women-Owned Business Enterprises

The Executive director shall require each contractor seeking to be considered as a Minority Business Enterprise or Women-Owned Business Enterprise by the Fund to submit a written statement describing how it qualifies as a Minority Business Enterprise or Women-Owned Business Enterprise The Fund shall monitor the entities considered to be Minority Business Enterprises and Women-Owned Business Enterprises to ensure their continued satisfaction of the criteria set forth in these Guidelines

Section E Standard Nondiscrimination and Compliance Provisions to be Made a Part of Procurement Contracts

Each Procurement Contract shall include the following nondiscrimination and compliance provisions

I The contractor will not discriminate against any employee or applicant for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal oppo1tunity without discrimination Such programs shall

7

include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retraining including apprenticeship and on-the-job training The contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the substance of this nondiscrimination provision

2 At the request ofthe Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation ofthe contractors obligations hereunder

3 The contractor will state in all solicitations or advertisements for employees placed by or on behalf ofthe contractor in the performance ofthe contract with the Fund that all qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status

4 The contractor will include the provisions of subdivisions (I) through (3) ofthis section in every subcontract or purchase order in such a mannenhat such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

5 The contractor will comply with all provisions ofthis contract and of the rules regulations and orders issued by the Fund to implement the same

6 The contractor will furnish all information and reports required by the Fund and by any applicable rules regulations and any orders issued pursuant thereto and will permit access to its books records and accounts by the Fund for purposes of investigation to ascertain compliance with this contract and such rules regulations and order

7 If the contractor does not comply with the nondiscrimination provisions of this contract or with any such rules regulations or orders this contract may be cancelled terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts involving projects under the auspices ofthe Fund and such other sanctions may be imposed and remedies invoked as are provided by rule regulations or order issued by the Fund or as otherwise provided by law

8 The contractor will include the foregoing provisions in every subcontract or purchase order issued in connection with the performance ofthe prime procurements contract as well as in any agreement with architects engineers accountants and legal counsel for professional services by incorporating the text or by reference thereto so that such provisions will be binding upon each subcontractor professional firm or vendor The contractor will take such action with respect to any subcontract or purchase order as the Fund may direct as a means ofenforcing such provisions including sanctions for noncompliance

9 The provisions of this section shall be deemed supplementary to and not in lieu ofor in substitution for the provisions of the New York State Labor Law relating to

8

nondiscrimination and other applicable Federal State or City law ordinance rule and regulation

I 0 Each contractor having a contract containing these provisions shall file and shall cause each of his subcontractors to file compliance reports with the Fund Compliance reports shall be filed within such time and shall contain such information as to the practices policies programs employment policies and employment statistics of the contractors and each subcontractor and shall be in such form as the Fund may prescribe

11 Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeships or training for such workers the compliance report shall include such information as to such labor unions or agencys practices and policies affecting compliance as the Fund may prescribe provided that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor the contractor shall so certify to the Fund as part ofhis compliance report and shall set forth what efforts he has made to obtain such information

12 The Fund may direct that any bidder or prospective contractor or subcontractor shall submit as part of his compliance report a statement in writing signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training with which the bidder or prospective contractor deals with supporting information to the effect that the signers practice and policies do not discriminate on the ground of race creed color national origin sex sexual orientation age disability or marital status and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this contract or that it consents and agrees that recruitment employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of this contract In the event that the union or the agency shall refuse to execute such a statement the compliance rep01t shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Fund may require

Section F Dispute Resolution Process

All Procurement Contracts for an amount equal to or in excess of $25000 shall include a provision for resolving disputes with the Fund including but not limited to such matters as the scope of work required by the contract the interpretation of the contract and the amount to be paid for extra work Such a provision shall delineate a process that allows disputes to be resolved directly and efficiently between the Fund or its designee and the contractor At a minimum it shall (I) define when a dispute arises for reso lution by the process (2) set forth any limitations and exclusions affecting the subject matter of a dispute (3) designate the Fund s officers to whom the dispute must be directed (4) specify the form and content of notices and other documents to be submitted and the deadlines by which they must be submitted and (5) provide for any meetings to be convened as part of the dispute resolution process In addition in the event that the dispute is not resolved directly between the parties the dispute resolution provision shal l

9

provide for a third party mediator to further review and resolve the dispute with the parties to share equally in the expense of such mediation

Section G Procurement Contracts with Former Trustees Officers or Employees of the Fund

The Fund may not enter into any Procurement Contract with a former trustee officer or employee of the Fund unless that action complies with (I) the Code of Conduct for the Trustees of the Fund and (2) all applicable laws and regulations including without limitation the New York Public Officers Law

Section H Preparation of Annual Report on Procurement Contracts

I The Fund shall annuaJy prepare and approve a report on summarizing the procurement activity of the Fund for the reporting period and the Procurement Contracts entered into by the Fund during the reporting period or otherwise performed by the Fund during the reporting period The Funds annual procurement contract report shall incJude

(a) the Guidelines

(b) an explanation of the Guidelines and any amendments thereto made since the last annual report

(c) a list of all Procurement Contracts entered into since the last annual report

(d) a list of the Procurement Contractors performing services since the last annual report

(e) the selection process used in connection with each Procurement Contract

(f) a list of contract prices fees commissions or other charges paid to each Procurement Contractor and

(g) any statements required by law relating to the Fund s Guidelines or Procurement Contracts

2 The Funds annual report on Procurement Contracts may be made a part of any other annual report

Section I Distribution ofAnnual Report on Procurement Contracts

1 The Fund shall submit its annual repo1t on Procurement Contracts to the Division of the Budget

2 The Fund shall supply copies of its annual report on procurement contracts of the following

(a) Department of Audit and Control of the State of New York

JO

(b) New York State Senate Finance committee and

(c) (c) New York State Assembly Ways and Means Committee

3 The Fund shall make copies of its annual report on Procurement Contracts available to the public upon reasonable request therefore

Section J Amendment of These Guidelines

The Fund shall have the power from time to time to amend these Guidelines by vote of a majority of the Board

Section K Effect ofNoncompliance with Guidelines

Failure by the Fund to comply with the provisions of these Guidelines shall not alter affect the validity of modify the terms of or impair any contract or agreement for goods services interests in real estate andor construction to which the Fund is a party

Section L Prompt Payment

1 Authorization - This Statement of Prompt Payment Policy is adopted by the Members of the Board ofthe CUCF pursuant to the provisions ofSection 2880 ofthe Public Authorities Law

2 Purpose - It is the purpose ofthis Statement ofPrompt Payment Policy ofthe CUCF to set forth the standards for the payment ofbills within specific periods and to prescribe interest charges in situations where payments do not conform to these standards as provided by section 2880 ofthe Public Authorities Law

1 Prompt Payment Policy - It shall be the policy of the CUCF to process contract payments efficiently and expeditiously so as to assure payment in a timely manner to firms and organizations which do business with the CUCF and to avoid to the greatest extent practicable the payment of interest in cases where prompt payment does not occur as provided herein

Rules and Regulations - Pursuant to Section 2880 of the Public Authorities Law the CUCF promulgated Prompt Payment Guidelines effective July 1 2014 The Guidelines may be amended from time to time as needed to comply with the Public Authorities Law

5 Definitions - The following terms shall have the following meanings wiless the context shall indicate another of different meaning or intent

(a) CUCF means the City University Construction Fund (b) Designated Payment Office means the office designated by the CUCF to which a

proper invoice is to be submitted by a contractor

( c) Prompt Payment means payment ofa debt due and owing by the CUCF before

11

interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

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Page 5: AND THE GUIDELINES FOR PROCUREMENT CONTRACTS That … · Baruch Library Master Plan Baruch Student Computer Lab Baruch Student Computer Lab Baruch - Stud ~nt Computer Lab BMCC ADA

City University Construction Fund 6252018

FY 2017 Annual Report on Procurement Contracts 314 PM

residential tower For 25 years Perkins Eastman worked on the development of the progrim and the pre-schematic and schematic design phases of the project When CUNY terminated its partnership with the developer and limited the oroiect to onlv the academic component it was determined that Perkins Eastmans understandinR of the proRram and their Involvement in the previous design made them uniquely qualified to continue development of the project In the most expeditious and efficient manner available

(i Finalized 12017 Payment made to DOL for Archer underpayment of wages on Queens ADA Bathroom Project I I (j) BVK 55 West 125th Street LLC holds the lease for the site of this program I I I

Exhibit 2

CITY UNIVERSITY CONSTRUCTION FUND

GUIDELINES FOR PROCUREMENT CONTRACTS

(as amended through June 23 2016)

Section A Introduction

These Guidelines set forth the operative policy and instructions of the City University Construction Fund (the Fund) regarding the use award monitoring and reporting of Procurement Contracts in the actual or estimated amount of $5000 or more

These Guidelines are intended to satisfy the requirements of Section 2879 of the New York State Public Authorities Law and to provide an internal and administrative policy for the Funds trustees officers and employees These Guidelines do not provide third parties with any rights or remedies

Section B Definitions

I Construction ManagementBuild (CMBuild) Contract means a Procurement Contract pursuant to which the Fund hires a construction management firm to manage the overall construction project and to bid and hold each underlying contract for materials labor and services related to the construction of the project The Fund may employ a CMBuild Contract only when the estimated cost ofconstruction is $3 million or more

2 Executive Director means the Executive Director of the CUNY Construction Fund

3 Fund means the CUNY Construction Fund acting through its Board of Trustees or pursuant to a delegation of powers or duties to one or more of its trustees officers agents or employees as may be permitted by Section 6274 of the New York State Education Law

4 Job Order Contract (JOC) means a Procurement Contract resulting from a competitive bid process for an indefinite quantity of construction materials and services which are specified in a Fund-approved catalog by type and unit price for the Fund to use on specified projects to repair maintain and upgrade CUNY facilities the lowest responsible bidder shall bid the lowest adjustment factor by which the_Fund will multiply the fixed unit prices established by the catalog the contract amount shall be the product of the adjustment factor times the catalog prices for the materials and services that the Fund identifies for use on all of each individual project covered by the contract documents

5 Minority Business Enterprise and a Women-Owned Business Enterprise shall have the meanings set forth in Section 2879 of the Public Authorities Law of the State ofNew York and the regulations promulgated thereunder

6 Procurement Contract means any written agreement for the acquisition of goods services (including but not limited to professional services) or interests in real property of any kind or for construction or any combination of these The term does not include any agreement for employment in the civil services or by the Research Foundation of the City

I

University ofNew York Procurement Contractors means any counter-party to a Procurement Contract with the Fund

Section C Selection ofProcurement Contractors and Award and Board Review of Procurement Contracts

I Selection Policy

Consistent with these Guidelines the Fund shall select Procurement Contractors in a manner that (a) is fair and efficient (b) seeks high quality goods services andor construction at reasonable prices and ( c) satisfies state law in providing an opportunity for Minority Business Enterprises and Women-Owned Enterprises to compete for Procurement Contracts so as to facilitate the awarding of a fair share of such contracts to such enterprises

2 Selection Mechanisms

The Fund shall use the fo)lowing mechanisms to select Procurement Contractors for specified goods services interests in real estate andor construction

(a) Competitive Bids The Fund may solicit fixed-price bids and may award the Procurement Contract to a responsible bidder primarily on the basis of the lowest price

(b) Request for Proposals The Fund may solicit specific proposals and award the Procurement Contract on the basis of an evaluation of the characteristics quality and cost of such proposals as set forth in the form of solicitation including without limitation proffered security where security is requested or appropriate

(c) Negotiated Procurement The Fund may negotiate the terms of a Procurement Contract under the circumstanc~s and subject to the conditions set forth below Negotiations may be preceded by preliminary discussions to explore the feasibility of the procurement A Negotiated Procurement may be used in combination with a Request for Proposals

(i) In the case of a Procurement Contract for goods services andor construction the Fund may negotiate with at least three vendors (or in compe]ling circumstances with fewer vendors) and award a Procurement Contract on terms that serve the best interests of the Fund where it is not practical andor advantageous to make an award by Competitive Bids or Request for Proposals because (A) the constraints of a time-sensitive require a prompt selection and award such the need to comply with a court order to secure funding or avoid the loss of funding or to cure the default or unavailability ofan existing contractor (B) there is a limited number of vendors available and able to perform the work (C) an existing contract needs to be extended beyond the contractually stipulated term and extensions and (D) there is a compelling need to use an existing contractor to perform additional work or a later phase of a project

(ii) Jn the case of a contract for the acquisition ofan interest in or the

2

development ofreal property the Fund may negotiate with one or more vendors and award a Procurement Contract in the best interests of the Fund

(d) Single Source When the Executive Director determines that there is only a single responsible source for any goods services interests in real estate andor construction required by the Fund the Fund may award a Procurement Contract without competitive procedures A record setting forth the circumstances under which any such contract was let shall be provided in the annual report of the Fund prepared for the year in which the contract is let

(e) Emergency In the event ofan emergency involving danger to life or property or other unforeseen occurrences requiring immediate action that cannot await the completion of other procurement mechanisms the Executive Director may award a Procurement Contract without competitive procedures For any such Procurement Contract involving an actual or estimated expense of $10000 or more the Executive Director shall prior to executing the contract notify four Trustees of the Fund of the nature and circumstances of the emergency and obtain their approval as to the aware The Executive Director shall present a report of the award of such an emergency contract as an information item at the next regularly scheduled meeting of the Board of Trustees A record setting forth the circumstances under which any such emergency contract was awarded shall be provided in the annual report of the Fund prepared for the year in which the contract is awarded

(t) Contracts Procured by Government Entities The Fund may award a Procurement Contract through existing contracts awarded by government entities ie the State of New York including any authority or public benefit corporation of the State of New York the City of New York including the Department of Education or the Federal Government provided that the Procurement Contract contains material terms including price that are substantially the same as or more favorable than the material terms of the contract with the government entity

(g) Procurement Cards (P-Cards) The Executive Director shall be permitted to utilize Procurement Cards a flexible convenient and efficient means of processing payments for one-time and recurring monthly purchases for payment of reasonable out-of-pocket expenses incurred in the performance of the duties of that office such as subscriptions parking lot fees E-Z Pass tolls and telecommunication charges

(h) Discretionary Purchasing In accordance with Section 2879 of the New York State Public Authorities Law the Fund may use its discretion in the selection of vendors to compete for Procurement Contracts for goods services including architectural services and engineering services andor construction as follows

1 Eligibility to compete for such Procurement Contracts may be limited by the Fund to those vendors Certified as Minority-Owned Business Enterpri ses or Women-Owned Business Enterprises by Empire State Developments Division of Minority and Womens Business Development or Certified as Service-Disabled Veteran-Owned Businesses by the New

3

York State Office of General Services Division of Service-Disabled Veterans Business Development This is to provide an opportunity for such entities to compete for Procurement Contracts so as to facilitate the awarding by the Fund of a fair share of such Procurement Contracts to such entities consistent with State law and these Guidelines

11 The total value of all such Procurement Contract awards by the Fund to a particular vendor cannot exceed $200000

111 Except as otherwise provided in this Section all other provisions of these Guidelines remain in effect

(i) Other Mechanisms Approved by the Funds Board The Fund may use any other procurement mechanism the Board of Trustees shall deem appropriate

3 Advertisement Requirements for Competitive Selection Mechanisms

The solicitation of bids proposals or submissions for a Procurement Contract shalJ be made by the Fund in a manner determined by the Executive Director to be the most cost-effective for providing reasonable competition for the Funds procurement contracts This may include advertisement in appropriate newspapers or trade journals direct mailings and such other outreach mechanisms as are consistent with the policy of these Guidelines with respect to firms considered by the Executive Director to be qualified including without limitation Minority Business Enterprises and Women-Owned Business Enterprises

(a) Procurement Opportunities Newsletter The Executive Director may solicit bids or proposals by placing a listing in the New York State Contract Reporter or any other official listing of bidding opportunities established under Article 4-C of the Economic Development Law or comparable statutes Any such listing shall be made in conformity with the rules and requirements established by the responsible agency such as New York State Department of Economic Development Division for Small Business that are in effect at the time the listing is to be made

(b) General Contents of Solicitations Except as otherwise required (for example by the applicable rules of the Department of Economic Development referred to in item (a) above) each solicitation by the Fund sh al I include (i) the name of the Fund (ii) a description of the goods services andor construction sought the location where goods are to be delivered or services andor construction are to be provided and the contract term (iii) the address where bids or proposals are to be submitted (iv) the date when such bids or proposals are due (v) a description of any eligibility requirement or preference and (vi) any other information that the Executive Director deems useful

(c) Antidiscrimination Language in Fund Solicitations All solicitations of bids or proposals for any procurement contract shall contain or make reference to the following

(i) The contractor will not discriminate against employees or applicants

4

for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal opportunity without discrimination Such programs shall include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retaining including apprenticeship and on-the-job training

(ii) At the request of the Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation of the contractors obligations hereunder

(iii) The contractor will state in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the Fund that will qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status and

(iv) The contractor will include the provisions of subdivisions (i) through (iii) of this section in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

(d) Procurement Contracts for $50000 or More If the actual or estimated cost of a Procurement Contract is fifty thousand dollars ($50 000) or more any solicitation shall be published once in the New York State Contract Reporter published by Empire State Development and at least once in a newspaper of general circulation

(e) Timing At least fifteen business days shall elapse between the first solicitation of bids proposals or submissions or the first publication of any advertisement for bids proposals or submissions and the due date for the submission of bids proposals or submissions

4 Award of Procurement Contracts

(a) Minimum Solicitation Except as otherwise provided in these Guidelines the Executive Director shall solicit bids proposals or submissions from at least three (3) contractors that are qualified to provide the goods services interests in real estate andor construction sought by the Fund and have

5

agreed to consent to the nondiscrimination and compliance provisions required by Section E of these Guidelines Subject to subsections (b) and (c) hereof the Fund shall award the Procurement Contract on the basis of the most favorable combination of criteria applicable respectively to goods services interests in real estate or construction such as quality ability to deliver or perform in a timely manner price or fee structure location technical qualifications financial stability past performance staff availability and experience

(b) Contracts for $10000 or More No Procurement Contract involving an actual or estimated expense of ten thousand dollars ($10000) or more shall be awarded by the Fund unless prior to execution of the contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(c) Contracts for $25000 or More Each Procurement Contract for supplies materials or equipment involving an estimated expense of twenty-five thousand dollars ($25000) or more shall be awarded to the lowest responsible bidder furnishing required security if security is to be required after obtaining competitive bids proposals or submissions for such contract in the manner prescribed herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(d) Construction ManagementBuild (CMBuild) Contracts The Executive Director is authorized to enter into CMBuild contracts as defined herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract A record setting forth the justification for utilizing a CMBuild contract shall be provided to the Board Notwithstanding anything herein to the contrary award shall be made to the highest qualified vendor after successful negotiation of a fair and reasonable pnce

(e) Job Order Contract (JOC) The Executive Director is authorized to enter into JOC contracts as defined herein

(f) Alternative Selection Mechanisms Notwithstanding anything herein to the contrary the Executive Director may recommend that the Board approve procedures for the use and application of a particular selection mechanism other than those set forth in these Guidelines

5 Board Review of Procurement Contracts

For each Procurement Contract to which the Fund is a party the Executive Director will document and describe for the Board the procedure used to select the Procurement Contractor

Section D Minority Business Enterprise and Women-Owned Business Enterprise Participation

1 Solicitation

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In order to promote the engagement of Minority Business Enterprises and WomenshyOwned Business Enterprises as Procurement Contractors the Fund shall solicit offers from Minority Business Enterprises and Women-Owned Business Enterprises known to supply the goods or provide the services interests in real estate andor construction sought If the provision of any goods services interests in real estate andor construction under a prime contract permits or requires the use of a subcontractors said prime contract shall require the prime contractor to act affirmatively to secure participation by Minority Business Enterprises and Women-Owned Business Enterprises in such subcontract and to report the nature and extent of such efforts to the Fund

2 Maintenance of List of Procurement Contractors Including Minority Business Enterprises and Women-Owned Business Enterprises

The Executive Director shall prepare and update annually a list of potential sources including Minority Business Enterprises and Women-Owned Business Enterprises of goods services interests in real estate andor construction that are regularly purchased by the Fund or that the Fund expects to purchase in the following year Executive Directors report to the Board shall include (a) the list and (b) the procedures established to identify new sources for the list and to notify such new sources of the opportunity to bid for contracts for the purchase of goods services interests in real estate andor construction In identifying qualified sources including Minority Business Enterprises and Women-Owned Business Enterprises the Executive Director shall seek the assistance of agencies of the State ofNew York and the City ofNew York including the Department of Commerce the Office of General Services and the Office of Contract Compliance and Minority and Women-Owned Business Enterprises of the State and the Office of Minority Business Development of the City

3 Qualification as a Minority Business Enterprise or Women-Owned Business Enterprises

The Executive director shall require each contractor seeking to be considered as a Minority Business Enterprise or Women-Owned Business Enterprise by the Fund to submit a written statement describing how it qualifies as a Minority Business Enterprise or Women-Owned Business Enterprise The Fund shall monitor the entities considered to be Minority Business Enterprises and Women-Owned Business Enterprises to ensure their continued satisfaction of the criteria set forth in these Guidelines

Section E Standard Nondiscrimination and Compliance Provisions to be Made a Part of Procurement Contracts

Each Procurement Contract shall include the following nondiscrimination and compliance provisions

I The contractor will not discriminate against any employee or applicant for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal oppo1tunity without discrimination Such programs shall

7

include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retraining including apprenticeship and on-the-job training The contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the substance of this nondiscrimination provision

2 At the request ofthe Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation ofthe contractors obligations hereunder

3 The contractor will state in all solicitations or advertisements for employees placed by or on behalf ofthe contractor in the performance ofthe contract with the Fund that all qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status

4 The contractor will include the provisions of subdivisions (I) through (3) ofthis section in every subcontract or purchase order in such a mannenhat such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

5 The contractor will comply with all provisions ofthis contract and of the rules regulations and orders issued by the Fund to implement the same

6 The contractor will furnish all information and reports required by the Fund and by any applicable rules regulations and any orders issued pursuant thereto and will permit access to its books records and accounts by the Fund for purposes of investigation to ascertain compliance with this contract and such rules regulations and order

7 If the contractor does not comply with the nondiscrimination provisions of this contract or with any such rules regulations or orders this contract may be cancelled terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts involving projects under the auspices ofthe Fund and such other sanctions may be imposed and remedies invoked as are provided by rule regulations or order issued by the Fund or as otherwise provided by law

8 The contractor will include the foregoing provisions in every subcontract or purchase order issued in connection with the performance ofthe prime procurements contract as well as in any agreement with architects engineers accountants and legal counsel for professional services by incorporating the text or by reference thereto so that such provisions will be binding upon each subcontractor professional firm or vendor The contractor will take such action with respect to any subcontract or purchase order as the Fund may direct as a means ofenforcing such provisions including sanctions for noncompliance

9 The provisions of this section shall be deemed supplementary to and not in lieu ofor in substitution for the provisions of the New York State Labor Law relating to

8

nondiscrimination and other applicable Federal State or City law ordinance rule and regulation

I 0 Each contractor having a contract containing these provisions shall file and shall cause each of his subcontractors to file compliance reports with the Fund Compliance reports shall be filed within such time and shall contain such information as to the practices policies programs employment policies and employment statistics of the contractors and each subcontractor and shall be in such form as the Fund may prescribe

11 Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeships or training for such workers the compliance report shall include such information as to such labor unions or agencys practices and policies affecting compliance as the Fund may prescribe provided that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor the contractor shall so certify to the Fund as part ofhis compliance report and shall set forth what efforts he has made to obtain such information

12 The Fund may direct that any bidder or prospective contractor or subcontractor shall submit as part of his compliance report a statement in writing signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training with which the bidder or prospective contractor deals with supporting information to the effect that the signers practice and policies do not discriminate on the ground of race creed color national origin sex sexual orientation age disability or marital status and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this contract or that it consents and agrees that recruitment employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of this contract In the event that the union or the agency shall refuse to execute such a statement the compliance rep01t shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Fund may require

Section F Dispute Resolution Process

All Procurement Contracts for an amount equal to or in excess of $25000 shall include a provision for resolving disputes with the Fund including but not limited to such matters as the scope of work required by the contract the interpretation of the contract and the amount to be paid for extra work Such a provision shall delineate a process that allows disputes to be resolved directly and efficiently between the Fund or its designee and the contractor At a minimum it shall (I) define when a dispute arises for reso lution by the process (2) set forth any limitations and exclusions affecting the subject matter of a dispute (3) designate the Fund s officers to whom the dispute must be directed (4) specify the form and content of notices and other documents to be submitted and the deadlines by which they must be submitted and (5) provide for any meetings to be convened as part of the dispute resolution process In addition in the event that the dispute is not resolved directly between the parties the dispute resolution provision shal l

9

provide for a third party mediator to further review and resolve the dispute with the parties to share equally in the expense of such mediation

Section G Procurement Contracts with Former Trustees Officers or Employees of the Fund

The Fund may not enter into any Procurement Contract with a former trustee officer or employee of the Fund unless that action complies with (I) the Code of Conduct for the Trustees of the Fund and (2) all applicable laws and regulations including without limitation the New York Public Officers Law

Section H Preparation of Annual Report on Procurement Contracts

I The Fund shall annuaJy prepare and approve a report on summarizing the procurement activity of the Fund for the reporting period and the Procurement Contracts entered into by the Fund during the reporting period or otherwise performed by the Fund during the reporting period The Funds annual procurement contract report shall incJude

(a) the Guidelines

(b) an explanation of the Guidelines and any amendments thereto made since the last annual report

(c) a list of all Procurement Contracts entered into since the last annual report

(d) a list of the Procurement Contractors performing services since the last annual report

(e) the selection process used in connection with each Procurement Contract

(f) a list of contract prices fees commissions or other charges paid to each Procurement Contractor and

(g) any statements required by law relating to the Fund s Guidelines or Procurement Contracts

2 The Funds annual report on Procurement Contracts may be made a part of any other annual report

Section I Distribution ofAnnual Report on Procurement Contracts

1 The Fund shall submit its annual repo1t on Procurement Contracts to the Division of the Budget

2 The Fund shall supply copies of its annual report on procurement contracts of the following

(a) Department of Audit and Control of the State of New York

JO

(b) New York State Senate Finance committee and

(c) (c) New York State Assembly Ways and Means Committee

3 The Fund shall make copies of its annual report on Procurement Contracts available to the public upon reasonable request therefore

Section J Amendment of These Guidelines

The Fund shall have the power from time to time to amend these Guidelines by vote of a majority of the Board

Section K Effect ofNoncompliance with Guidelines

Failure by the Fund to comply with the provisions of these Guidelines shall not alter affect the validity of modify the terms of or impair any contract or agreement for goods services interests in real estate andor construction to which the Fund is a party

Section L Prompt Payment

1 Authorization - This Statement of Prompt Payment Policy is adopted by the Members of the Board ofthe CUCF pursuant to the provisions ofSection 2880 ofthe Public Authorities Law

2 Purpose - It is the purpose ofthis Statement ofPrompt Payment Policy ofthe CUCF to set forth the standards for the payment ofbills within specific periods and to prescribe interest charges in situations where payments do not conform to these standards as provided by section 2880 ofthe Public Authorities Law

1 Prompt Payment Policy - It shall be the policy of the CUCF to process contract payments efficiently and expeditiously so as to assure payment in a timely manner to firms and organizations which do business with the CUCF and to avoid to the greatest extent practicable the payment of interest in cases where prompt payment does not occur as provided herein

Rules and Regulations - Pursuant to Section 2880 of the Public Authorities Law the CUCF promulgated Prompt Payment Guidelines effective July 1 2014 The Guidelines may be amended from time to time as needed to comply with the Public Authorities Law

5 Definitions - The following terms shall have the following meanings wiless the context shall indicate another of different meaning or intent

(a) CUCF means the City University Construction Fund (b) Designated Payment Office means the office designated by the CUCF to which a

proper invoice is to be submitted by a contractor

( c) Prompt Payment means payment ofa debt due and owing by the CUCF before

11

interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

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Page 6: AND THE GUIDELINES FOR PROCUREMENT CONTRACTS That … · Baruch Library Master Plan Baruch Student Computer Lab Baruch Student Computer Lab Baruch - Stud ~nt Computer Lab BMCC ADA

Exhibit 2

CITY UNIVERSITY CONSTRUCTION FUND

GUIDELINES FOR PROCUREMENT CONTRACTS

(as amended through June 23 2016)

Section A Introduction

These Guidelines set forth the operative policy and instructions of the City University Construction Fund (the Fund) regarding the use award monitoring and reporting of Procurement Contracts in the actual or estimated amount of $5000 or more

These Guidelines are intended to satisfy the requirements of Section 2879 of the New York State Public Authorities Law and to provide an internal and administrative policy for the Funds trustees officers and employees These Guidelines do not provide third parties with any rights or remedies

Section B Definitions

I Construction ManagementBuild (CMBuild) Contract means a Procurement Contract pursuant to which the Fund hires a construction management firm to manage the overall construction project and to bid and hold each underlying contract for materials labor and services related to the construction of the project The Fund may employ a CMBuild Contract only when the estimated cost ofconstruction is $3 million or more

2 Executive Director means the Executive Director of the CUNY Construction Fund

3 Fund means the CUNY Construction Fund acting through its Board of Trustees or pursuant to a delegation of powers or duties to one or more of its trustees officers agents or employees as may be permitted by Section 6274 of the New York State Education Law

4 Job Order Contract (JOC) means a Procurement Contract resulting from a competitive bid process for an indefinite quantity of construction materials and services which are specified in a Fund-approved catalog by type and unit price for the Fund to use on specified projects to repair maintain and upgrade CUNY facilities the lowest responsible bidder shall bid the lowest adjustment factor by which the_Fund will multiply the fixed unit prices established by the catalog the contract amount shall be the product of the adjustment factor times the catalog prices for the materials and services that the Fund identifies for use on all of each individual project covered by the contract documents

5 Minority Business Enterprise and a Women-Owned Business Enterprise shall have the meanings set forth in Section 2879 of the Public Authorities Law of the State ofNew York and the regulations promulgated thereunder

6 Procurement Contract means any written agreement for the acquisition of goods services (including but not limited to professional services) or interests in real property of any kind or for construction or any combination of these The term does not include any agreement for employment in the civil services or by the Research Foundation of the City

I

University ofNew York Procurement Contractors means any counter-party to a Procurement Contract with the Fund

Section C Selection ofProcurement Contractors and Award and Board Review of Procurement Contracts

I Selection Policy

Consistent with these Guidelines the Fund shall select Procurement Contractors in a manner that (a) is fair and efficient (b) seeks high quality goods services andor construction at reasonable prices and ( c) satisfies state law in providing an opportunity for Minority Business Enterprises and Women-Owned Enterprises to compete for Procurement Contracts so as to facilitate the awarding of a fair share of such contracts to such enterprises

2 Selection Mechanisms

The Fund shall use the fo)lowing mechanisms to select Procurement Contractors for specified goods services interests in real estate andor construction

(a) Competitive Bids The Fund may solicit fixed-price bids and may award the Procurement Contract to a responsible bidder primarily on the basis of the lowest price

(b) Request for Proposals The Fund may solicit specific proposals and award the Procurement Contract on the basis of an evaluation of the characteristics quality and cost of such proposals as set forth in the form of solicitation including without limitation proffered security where security is requested or appropriate

(c) Negotiated Procurement The Fund may negotiate the terms of a Procurement Contract under the circumstanc~s and subject to the conditions set forth below Negotiations may be preceded by preliminary discussions to explore the feasibility of the procurement A Negotiated Procurement may be used in combination with a Request for Proposals

(i) In the case of a Procurement Contract for goods services andor construction the Fund may negotiate with at least three vendors (or in compe]ling circumstances with fewer vendors) and award a Procurement Contract on terms that serve the best interests of the Fund where it is not practical andor advantageous to make an award by Competitive Bids or Request for Proposals because (A) the constraints of a time-sensitive require a prompt selection and award such the need to comply with a court order to secure funding or avoid the loss of funding or to cure the default or unavailability ofan existing contractor (B) there is a limited number of vendors available and able to perform the work (C) an existing contract needs to be extended beyond the contractually stipulated term and extensions and (D) there is a compelling need to use an existing contractor to perform additional work or a later phase of a project

(ii) Jn the case of a contract for the acquisition ofan interest in or the

2

development ofreal property the Fund may negotiate with one or more vendors and award a Procurement Contract in the best interests of the Fund

(d) Single Source When the Executive Director determines that there is only a single responsible source for any goods services interests in real estate andor construction required by the Fund the Fund may award a Procurement Contract without competitive procedures A record setting forth the circumstances under which any such contract was let shall be provided in the annual report of the Fund prepared for the year in which the contract is let

(e) Emergency In the event ofan emergency involving danger to life or property or other unforeseen occurrences requiring immediate action that cannot await the completion of other procurement mechanisms the Executive Director may award a Procurement Contract without competitive procedures For any such Procurement Contract involving an actual or estimated expense of $10000 or more the Executive Director shall prior to executing the contract notify four Trustees of the Fund of the nature and circumstances of the emergency and obtain their approval as to the aware The Executive Director shall present a report of the award of such an emergency contract as an information item at the next regularly scheduled meeting of the Board of Trustees A record setting forth the circumstances under which any such emergency contract was awarded shall be provided in the annual report of the Fund prepared for the year in which the contract is awarded

(t) Contracts Procured by Government Entities The Fund may award a Procurement Contract through existing contracts awarded by government entities ie the State of New York including any authority or public benefit corporation of the State of New York the City of New York including the Department of Education or the Federal Government provided that the Procurement Contract contains material terms including price that are substantially the same as or more favorable than the material terms of the contract with the government entity

(g) Procurement Cards (P-Cards) The Executive Director shall be permitted to utilize Procurement Cards a flexible convenient and efficient means of processing payments for one-time and recurring monthly purchases for payment of reasonable out-of-pocket expenses incurred in the performance of the duties of that office such as subscriptions parking lot fees E-Z Pass tolls and telecommunication charges

(h) Discretionary Purchasing In accordance with Section 2879 of the New York State Public Authorities Law the Fund may use its discretion in the selection of vendors to compete for Procurement Contracts for goods services including architectural services and engineering services andor construction as follows

1 Eligibility to compete for such Procurement Contracts may be limited by the Fund to those vendors Certified as Minority-Owned Business Enterpri ses or Women-Owned Business Enterprises by Empire State Developments Division of Minority and Womens Business Development or Certified as Service-Disabled Veteran-Owned Businesses by the New

3

York State Office of General Services Division of Service-Disabled Veterans Business Development This is to provide an opportunity for such entities to compete for Procurement Contracts so as to facilitate the awarding by the Fund of a fair share of such Procurement Contracts to such entities consistent with State law and these Guidelines

11 The total value of all such Procurement Contract awards by the Fund to a particular vendor cannot exceed $200000

111 Except as otherwise provided in this Section all other provisions of these Guidelines remain in effect

(i) Other Mechanisms Approved by the Funds Board The Fund may use any other procurement mechanism the Board of Trustees shall deem appropriate

3 Advertisement Requirements for Competitive Selection Mechanisms

The solicitation of bids proposals or submissions for a Procurement Contract shalJ be made by the Fund in a manner determined by the Executive Director to be the most cost-effective for providing reasonable competition for the Funds procurement contracts This may include advertisement in appropriate newspapers or trade journals direct mailings and such other outreach mechanisms as are consistent with the policy of these Guidelines with respect to firms considered by the Executive Director to be qualified including without limitation Minority Business Enterprises and Women-Owned Business Enterprises

(a) Procurement Opportunities Newsletter The Executive Director may solicit bids or proposals by placing a listing in the New York State Contract Reporter or any other official listing of bidding opportunities established under Article 4-C of the Economic Development Law or comparable statutes Any such listing shall be made in conformity with the rules and requirements established by the responsible agency such as New York State Department of Economic Development Division for Small Business that are in effect at the time the listing is to be made

(b) General Contents of Solicitations Except as otherwise required (for example by the applicable rules of the Department of Economic Development referred to in item (a) above) each solicitation by the Fund sh al I include (i) the name of the Fund (ii) a description of the goods services andor construction sought the location where goods are to be delivered or services andor construction are to be provided and the contract term (iii) the address where bids or proposals are to be submitted (iv) the date when such bids or proposals are due (v) a description of any eligibility requirement or preference and (vi) any other information that the Executive Director deems useful

(c) Antidiscrimination Language in Fund Solicitations All solicitations of bids or proposals for any procurement contract shall contain or make reference to the following

(i) The contractor will not discriminate against employees or applicants

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for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal opportunity without discrimination Such programs shall include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retaining including apprenticeship and on-the-job training

(ii) At the request of the Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation of the contractors obligations hereunder

(iii) The contractor will state in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the Fund that will qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status and

(iv) The contractor will include the provisions of subdivisions (i) through (iii) of this section in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

(d) Procurement Contracts for $50000 or More If the actual or estimated cost of a Procurement Contract is fifty thousand dollars ($50 000) or more any solicitation shall be published once in the New York State Contract Reporter published by Empire State Development and at least once in a newspaper of general circulation

(e) Timing At least fifteen business days shall elapse between the first solicitation of bids proposals or submissions or the first publication of any advertisement for bids proposals or submissions and the due date for the submission of bids proposals or submissions

4 Award of Procurement Contracts

(a) Minimum Solicitation Except as otherwise provided in these Guidelines the Executive Director shall solicit bids proposals or submissions from at least three (3) contractors that are qualified to provide the goods services interests in real estate andor construction sought by the Fund and have

5

agreed to consent to the nondiscrimination and compliance provisions required by Section E of these Guidelines Subject to subsections (b) and (c) hereof the Fund shall award the Procurement Contract on the basis of the most favorable combination of criteria applicable respectively to goods services interests in real estate or construction such as quality ability to deliver or perform in a timely manner price or fee structure location technical qualifications financial stability past performance staff availability and experience

(b) Contracts for $10000 or More No Procurement Contract involving an actual or estimated expense of ten thousand dollars ($10000) or more shall be awarded by the Fund unless prior to execution of the contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(c) Contracts for $25000 or More Each Procurement Contract for supplies materials or equipment involving an estimated expense of twenty-five thousand dollars ($25000) or more shall be awarded to the lowest responsible bidder furnishing required security if security is to be required after obtaining competitive bids proposals or submissions for such contract in the manner prescribed herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(d) Construction ManagementBuild (CMBuild) Contracts The Executive Director is authorized to enter into CMBuild contracts as defined herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract A record setting forth the justification for utilizing a CMBuild contract shall be provided to the Board Notwithstanding anything herein to the contrary award shall be made to the highest qualified vendor after successful negotiation of a fair and reasonable pnce

(e) Job Order Contract (JOC) The Executive Director is authorized to enter into JOC contracts as defined herein

(f) Alternative Selection Mechanisms Notwithstanding anything herein to the contrary the Executive Director may recommend that the Board approve procedures for the use and application of a particular selection mechanism other than those set forth in these Guidelines

5 Board Review of Procurement Contracts

For each Procurement Contract to which the Fund is a party the Executive Director will document and describe for the Board the procedure used to select the Procurement Contractor

Section D Minority Business Enterprise and Women-Owned Business Enterprise Participation

1 Solicitation

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In order to promote the engagement of Minority Business Enterprises and WomenshyOwned Business Enterprises as Procurement Contractors the Fund shall solicit offers from Minority Business Enterprises and Women-Owned Business Enterprises known to supply the goods or provide the services interests in real estate andor construction sought If the provision of any goods services interests in real estate andor construction under a prime contract permits or requires the use of a subcontractors said prime contract shall require the prime contractor to act affirmatively to secure participation by Minority Business Enterprises and Women-Owned Business Enterprises in such subcontract and to report the nature and extent of such efforts to the Fund

2 Maintenance of List of Procurement Contractors Including Minority Business Enterprises and Women-Owned Business Enterprises

The Executive Director shall prepare and update annually a list of potential sources including Minority Business Enterprises and Women-Owned Business Enterprises of goods services interests in real estate andor construction that are regularly purchased by the Fund or that the Fund expects to purchase in the following year Executive Directors report to the Board shall include (a) the list and (b) the procedures established to identify new sources for the list and to notify such new sources of the opportunity to bid for contracts for the purchase of goods services interests in real estate andor construction In identifying qualified sources including Minority Business Enterprises and Women-Owned Business Enterprises the Executive Director shall seek the assistance of agencies of the State ofNew York and the City ofNew York including the Department of Commerce the Office of General Services and the Office of Contract Compliance and Minority and Women-Owned Business Enterprises of the State and the Office of Minority Business Development of the City

3 Qualification as a Minority Business Enterprise or Women-Owned Business Enterprises

The Executive director shall require each contractor seeking to be considered as a Minority Business Enterprise or Women-Owned Business Enterprise by the Fund to submit a written statement describing how it qualifies as a Minority Business Enterprise or Women-Owned Business Enterprise The Fund shall monitor the entities considered to be Minority Business Enterprises and Women-Owned Business Enterprises to ensure their continued satisfaction of the criteria set forth in these Guidelines

Section E Standard Nondiscrimination and Compliance Provisions to be Made a Part of Procurement Contracts

Each Procurement Contract shall include the following nondiscrimination and compliance provisions

I The contractor will not discriminate against any employee or applicant for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal oppo1tunity without discrimination Such programs shall

7

include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retraining including apprenticeship and on-the-job training The contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the substance of this nondiscrimination provision

2 At the request ofthe Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation ofthe contractors obligations hereunder

3 The contractor will state in all solicitations or advertisements for employees placed by or on behalf ofthe contractor in the performance ofthe contract with the Fund that all qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status

4 The contractor will include the provisions of subdivisions (I) through (3) ofthis section in every subcontract or purchase order in such a mannenhat such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

5 The contractor will comply with all provisions ofthis contract and of the rules regulations and orders issued by the Fund to implement the same

6 The contractor will furnish all information and reports required by the Fund and by any applicable rules regulations and any orders issued pursuant thereto and will permit access to its books records and accounts by the Fund for purposes of investigation to ascertain compliance with this contract and such rules regulations and order

7 If the contractor does not comply with the nondiscrimination provisions of this contract or with any such rules regulations or orders this contract may be cancelled terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts involving projects under the auspices ofthe Fund and such other sanctions may be imposed and remedies invoked as are provided by rule regulations or order issued by the Fund or as otherwise provided by law

8 The contractor will include the foregoing provisions in every subcontract or purchase order issued in connection with the performance ofthe prime procurements contract as well as in any agreement with architects engineers accountants and legal counsel for professional services by incorporating the text or by reference thereto so that such provisions will be binding upon each subcontractor professional firm or vendor The contractor will take such action with respect to any subcontract or purchase order as the Fund may direct as a means ofenforcing such provisions including sanctions for noncompliance

9 The provisions of this section shall be deemed supplementary to and not in lieu ofor in substitution for the provisions of the New York State Labor Law relating to

8

nondiscrimination and other applicable Federal State or City law ordinance rule and regulation

I 0 Each contractor having a contract containing these provisions shall file and shall cause each of his subcontractors to file compliance reports with the Fund Compliance reports shall be filed within such time and shall contain such information as to the practices policies programs employment policies and employment statistics of the contractors and each subcontractor and shall be in such form as the Fund may prescribe

11 Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeships or training for such workers the compliance report shall include such information as to such labor unions or agencys practices and policies affecting compliance as the Fund may prescribe provided that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor the contractor shall so certify to the Fund as part ofhis compliance report and shall set forth what efforts he has made to obtain such information

12 The Fund may direct that any bidder or prospective contractor or subcontractor shall submit as part of his compliance report a statement in writing signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training with which the bidder or prospective contractor deals with supporting information to the effect that the signers practice and policies do not discriminate on the ground of race creed color national origin sex sexual orientation age disability or marital status and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this contract or that it consents and agrees that recruitment employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of this contract In the event that the union or the agency shall refuse to execute such a statement the compliance rep01t shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Fund may require

Section F Dispute Resolution Process

All Procurement Contracts for an amount equal to or in excess of $25000 shall include a provision for resolving disputes with the Fund including but not limited to such matters as the scope of work required by the contract the interpretation of the contract and the amount to be paid for extra work Such a provision shall delineate a process that allows disputes to be resolved directly and efficiently between the Fund or its designee and the contractor At a minimum it shall (I) define when a dispute arises for reso lution by the process (2) set forth any limitations and exclusions affecting the subject matter of a dispute (3) designate the Fund s officers to whom the dispute must be directed (4) specify the form and content of notices and other documents to be submitted and the deadlines by which they must be submitted and (5) provide for any meetings to be convened as part of the dispute resolution process In addition in the event that the dispute is not resolved directly between the parties the dispute resolution provision shal l

9

provide for a third party mediator to further review and resolve the dispute with the parties to share equally in the expense of such mediation

Section G Procurement Contracts with Former Trustees Officers or Employees of the Fund

The Fund may not enter into any Procurement Contract with a former trustee officer or employee of the Fund unless that action complies with (I) the Code of Conduct for the Trustees of the Fund and (2) all applicable laws and regulations including without limitation the New York Public Officers Law

Section H Preparation of Annual Report on Procurement Contracts

I The Fund shall annuaJy prepare and approve a report on summarizing the procurement activity of the Fund for the reporting period and the Procurement Contracts entered into by the Fund during the reporting period or otherwise performed by the Fund during the reporting period The Funds annual procurement contract report shall incJude

(a) the Guidelines

(b) an explanation of the Guidelines and any amendments thereto made since the last annual report

(c) a list of all Procurement Contracts entered into since the last annual report

(d) a list of the Procurement Contractors performing services since the last annual report

(e) the selection process used in connection with each Procurement Contract

(f) a list of contract prices fees commissions or other charges paid to each Procurement Contractor and

(g) any statements required by law relating to the Fund s Guidelines or Procurement Contracts

2 The Funds annual report on Procurement Contracts may be made a part of any other annual report

Section I Distribution ofAnnual Report on Procurement Contracts

1 The Fund shall submit its annual repo1t on Procurement Contracts to the Division of the Budget

2 The Fund shall supply copies of its annual report on procurement contracts of the following

(a) Department of Audit and Control of the State of New York

JO

(b) New York State Senate Finance committee and

(c) (c) New York State Assembly Ways and Means Committee

3 The Fund shall make copies of its annual report on Procurement Contracts available to the public upon reasonable request therefore

Section J Amendment of These Guidelines

The Fund shall have the power from time to time to amend these Guidelines by vote of a majority of the Board

Section K Effect ofNoncompliance with Guidelines

Failure by the Fund to comply with the provisions of these Guidelines shall not alter affect the validity of modify the terms of or impair any contract or agreement for goods services interests in real estate andor construction to which the Fund is a party

Section L Prompt Payment

1 Authorization - This Statement of Prompt Payment Policy is adopted by the Members of the Board ofthe CUCF pursuant to the provisions ofSection 2880 ofthe Public Authorities Law

2 Purpose - It is the purpose ofthis Statement ofPrompt Payment Policy ofthe CUCF to set forth the standards for the payment ofbills within specific periods and to prescribe interest charges in situations where payments do not conform to these standards as provided by section 2880 ofthe Public Authorities Law

1 Prompt Payment Policy - It shall be the policy of the CUCF to process contract payments efficiently and expeditiously so as to assure payment in a timely manner to firms and organizations which do business with the CUCF and to avoid to the greatest extent practicable the payment of interest in cases where prompt payment does not occur as provided herein

Rules and Regulations - Pursuant to Section 2880 of the Public Authorities Law the CUCF promulgated Prompt Payment Guidelines effective July 1 2014 The Guidelines may be amended from time to time as needed to comply with the Public Authorities Law

5 Definitions - The following terms shall have the following meanings wiless the context shall indicate another of different meaning or intent

(a) CUCF means the City University Construction Fund (b) Designated Payment Office means the office designated by the CUCF to which a

proper invoice is to be submitted by a contractor

( c) Prompt Payment means payment ofa debt due and owing by the CUCF before

11

interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

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Page 7: AND THE GUIDELINES FOR PROCUREMENT CONTRACTS That … · Baruch Library Master Plan Baruch Student Computer Lab Baruch Student Computer Lab Baruch - Stud ~nt Computer Lab BMCC ADA

University ofNew York Procurement Contractors means any counter-party to a Procurement Contract with the Fund

Section C Selection ofProcurement Contractors and Award and Board Review of Procurement Contracts

I Selection Policy

Consistent with these Guidelines the Fund shall select Procurement Contractors in a manner that (a) is fair and efficient (b) seeks high quality goods services andor construction at reasonable prices and ( c) satisfies state law in providing an opportunity for Minority Business Enterprises and Women-Owned Enterprises to compete for Procurement Contracts so as to facilitate the awarding of a fair share of such contracts to such enterprises

2 Selection Mechanisms

The Fund shall use the fo)lowing mechanisms to select Procurement Contractors for specified goods services interests in real estate andor construction

(a) Competitive Bids The Fund may solicit fixed-price bids and may award the Procurement Contract to a responsible bidder primarily on the basis of the lowest price

(b) Request for Proposals The Fund may solicit specific proposals and award the Procurement Contract on the basis of an evaluation of the characteristics quality and cost of such proposals as set forth in the form of solicitation including without limitation proffered security where security is requested or appropriate

(c) Negotiated Procurement The Fund may negotiate the terms of a Procurement Contract under the circumstanc~s and subject to the conditions set forth below Negotiations may be preceded by preliminary discussions to explore the feasibility of the procurement A Negotiated Procurement may be used in combination with a Request for Proposals

(i) In the case of a Procurement Contract for goods services andor construction the Fund may negotiate with at least three vendors (or in compe]ling circumstances with fewer vendors) and award a Procurement Contract on terms that serve the best interests of the Fund where it is not practical andor advantageous to make an award by Competitive Bids or Request for Proposals because (A) the constraints of a time-sensitive require a prompt selection and award such the need to comply with a court order to secure funding or avoid the loss of funding or to cure the default or unavailability ofan existing contractor (B) there is a limited number of vendors available and able to perform the work (C) an existing contract needs to be extended beyond the contractually stipulated term and extensions and (D) there is a compelling need to use an existing contractor to perform additional work or a later phase of a project

(ii) Jn the case of a contract for the acquisition ofan interest in or the

2

development ofreal property the Fund may negotiate with one or more vendors and award a Procurement Contract in the best interests of the Fund

(d) Single Source When the Executive Director determines that there is only a single responsible source for any goods services interests in real estate andor construction required by the Fund the Fund may award a Procurement Contract without competitive procedures A record setting forth the circumstances under which any such contract was let shall be provided in the annual report of the Fund prepared for the year in which the contract is let

(e) Emergency In the event ofan emergency involving danger to life or property or other unforeseen occurrences requiring immediate action that cannot await the completion of other procurement mechanisms the Executive Director may award a Procurement Contract without competitive procedures For any such Procurement Contract involving an actual or estimated expense of $10000 or more the Executive Director shall prior to executing the contract notify four Trustees of the Fund of the nature and circumstances of the emergency and obtain their approval as to the aware The Executive Director shall present a report of the award of such an emergency contract as an information item at the next regularly scheduled meeting of the Board of Trustees A record setting forth the circumstances under which any such emergency contract was awarded shall be provided in the annual report of the Fund prepared for the year in which the contract is awarded

(t) Contracts Procured by Government Entities The Fund may award a Procurement Contract through existing contracts awarded by government entities ie the State of New York including any authority or public benefit corporation of the State of New York the City of New York including the Department of Education or the Federal Government provided that the Procurement Contract contains material terms including price that are substantially the same as or more favorable than the material terms of the contract with the government entity

(g) Procurement Cards (P-Cards) The Executive Director shall be permitted to utilize Procurement Cards a flexible convenient and efficient means of processing payments for one-time and recurring monthly purchases for payment of reasonable out-of-pocket expenses incurred in the performance of the duties of that office such as subscriptions parking lot fees E-Z Pass tolls and telecommunication charges

(h) Discretionary Purchasing In accordance with Section 2879 of the New York State Public Authorities Law the Fund may use its discretion in the selection of vendors to compete for Procurement Contracts for goods services including architectural services and engineering services andor construction as follows

1 Eligibility to compete for such Procurement Contracts may be limited by the Fund to those vendors Certified as Minority-Owned Business Enterpri ses or Women-Owned Business Enterprises by Empire State Developments Division of Minority and Womens Business Development or Certified as Service-Disabled Veteran-Owned Businesses by the New

3

York State Office of General Services Division of Service-Disabled Veterans Business Development This is to provide an opportunity for such entities to compete for Procurement Contracts so as to facilitate the awarding by the Fund of a fair share of such Procurement Contracts to such entities consistent with State law and these Guidelines

11 The total value of all such Procurement Contract awards by the Fund to a particular vendor cannot exceed $200000

111 Except as otherwise provided in this Section all other provisions of these Guidelines remain in effect

(i) Other Mechanisms Approved by the Funds Board The Fund may use any other procurement mechanism the Board of Trustees shall deem appropriate

3 Advertisement Requirements for Competitive Selection Mechanisms

The solicitation of bids proposals or submissions for a Procurement Contract shalJ be made by the Fund in a manner determined by the Executive Director to be the most cost-effective for providing reasonable competition for the Funds procurement contracts This may include advertisement in appropriate newspapers or trade journals direct mailings and such other outreach mechanisms as are consistent with the policy of these Guidelines with respect to firms considered by the Executive Director to be qualified including without limitation Minority Business Enterprises and Women-Owned Business Enterprises

(a) Procurement Opportunities Newsletter The Executive Director may solicit bids or proposals by placing a listing in the New York State Contract Reporter or any other official listing of bidding opportunities established under Article 4-C of the Economic Development Law or comparable statutes Any such listing shall be made in conformity with the rules and requirements established by the responsible agency such as New York State Department of Economic Development Division for Small Business that are in effect at the time the listing is to be made

(b) General Contents of Solicitations Except as otherwise required (for example by the applicable rules of the Department of Economic Development referred to in item (a) above) each solicitation by the Fund sh al I include (i) the name of the Fund (ii) a description of the goods services andor construction sought the location where goods are to be delivered or services andor construction are to be provided and the contract term (iii) the address where bids or proposals are to be submitted (iv) the date when such bids or proposals are due (v) a description of any eligibility requirement or preference and (vi) any other information that the Executive Director deems useful

(c) Antidiscrimination Language in Fund Solicitations All solicitations of bids or proposals for any procurement contract shall contain or make reference to the following

(i) The contractor will not discriminate against employees or applicants

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for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal opportunity without discrimination Such programs shall include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retaining including apprenticeship and on-the-job training

(ii) At the request of the Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation of the contractors obligations hereunder

(iii) The contractor will state in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the Fund that will qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status and

(iv) The contractor will include the provisions of subdivisions (i) through (iii) of this section in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

(d) Procurement Contracts for $50000 or More If the actual or estimated cost of a Procurement Contract is fifty thousand dollars ($50 000) or more any solicitation shall be published once in the New York State Contract Reporter published by Empire State Development and at least once in a newspaper of general circulation

(e) Timing At least fifteen business days shall elapse between the first solicitation of bids proposals or submissions or the first publication of any advertisement for bids proposals or submissions and the due date for the submission of bids proposals or submissions

4 Award of Procurement Contracts

(a) Minimum Solicitation Except as otherwise provided in these Guidelines the Executive Director shall solicit bids proposals or submissions from at least three (3) contractors that are qualified to provide the goods services interests in real estate andor construction sought by the Fund and have

5

agreed to consent to the nondiscrimination and compliance provisions required by Section E of these Guidelines Subject to subsections (b) and (c) hereof the Fund shall award the Procurement Contract on the basis of the most favorable combination of criteria applicable respectively to goods services interests in real estate or construction such as quality ability to deliver or perform in a timely manner price or fee structure location technical qualifications financial stability past performance staff availability and experience

(b) Contracts for $10000 or More No Procurement Contract involving an actual or estimated expense of ten thousand dollars ($10000) or more shall be awarded by the Fund unless prior to execution of the contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(c) Contracts for $25000 or More Each Procurement Contract for supplies materials or equipment involving an estimated expense of twenty-five thousand dollars ($25000) or more shall be awarded to the lowest responsible bidder furnishing required security if security is to be required after obtaining competitive bids proposals or submissions for such contract in the manner prescribed herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(d) Construction ManagementBuild (CMBuild) Contracts The Executive Director is authorized to enter into CMBuild contracts as defined herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract A record setting forth the justification for utilizing a CMBuild contract shall be provided to the Board Notwithstanding anything herein to the contrary award shall be made to the highest qualified vendor after successful negotiation of a fair and reasonable pnce

(e) Job Order Contract (JOC) The Executive Director is authorized to enter into JOC contracts as defined herein

(f) Alternative Selection Mechanisms Notwithstanding anything herein to the contrary the Executive Director may recommend that the Board approve procedures for the use and application of a particular selection mechanism other than those set forth in these Guidelines

5 Board Review of Procurement Contracts

For each Procurement Contract to which the Fund is a party the Executive Director will document and describe for the Board the procedure used to select the Procurement Contractor

Section D Minority Business Enterprise and Women-Owned Business Enterprise Participation

1 Solicitation

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In order to promote the engagement of Minority Business Enterprises and WomenshyOwned Business Enterprises as Procurement Contractors the Fund shall solicit offers from Minority Business Enterprises and Women-Owned Business Enterprises known to supply the goods or provide the services interests in real estate andor construction sought If the provision of any goods services interests in real estate andor construction under a prime contract permits or requires the use of a subcontractors said prime contract shall require the prime contractor to act affirmatively to secure participation by Minority Business Enterprises and Women-Owned Business Enterprises in such subcontract and to report the nature and extent of such efforts to the Fund

2 Maintenance of List of Procurement Contractors Including Minority Business Enterprises and Women-Owned Business Enterprises

The Executive Director shall prepare and update annually a list of potential sources including Minority Business Enterprises and Women-Owned Business Enterprises of goods services interests in real estate andor construction that are regularly purchased by the Fund or that the Fund expects to purchase in the following year Executive Directors report to the Board shall include (a) the list and (b) the procedures established to identify new sources for the list and to notify such new sources of the opportunity to bid for contracts for the purchase of goods services interests in real estate andor construction In identifying qualified sources including Minority Business Enterprises and Women-Owned Business Enterprises the Executive Director shall seek the assistance of agencies of the State ofNew York and the City ofNew York including the Department of Commerce the Office of General Services and the Office of Contract Compliance and Minority and Women-Owned Business Enterprises of the State and the Office of Minority Business Development of the City

3 Qualification as a Minority Business Enterprise or Women-Owned Business Enterprises

The Executive director shall require each contractor seeking to be considered as a Minority Business Enterprise or Women-Owned Business Enterprise by the Fund to submit a written statement describing how it qualifies as a Minority Business Enterprise or Women-Owned Business Enterprise The Fund shall monitor the entities considered to be Minority Business Enterprises and Women-Owned Business Enterprises to ensure their continued satisfaction of the criteria set forth in these Guidelines

Section E Standard Nondiscrimination and Compliance Provisions to be Made a Part of Procurement Contracts

Each Procurement Contract shall include the following nondiscrimination and compliance provisions

I The contractor will not discriminate against any employee or applicant for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal oppo1tunity without discrimination Such programs shall

7

include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retraining including apprenticeship and on-the-job training The contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the substance of this nondiscrimination provision

2 At the request ofthe Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation ofthe contractors obligations hereunder

3 The contractor will state in all solicitations or advertisements for employees placed by or on behalf ofthe contractor in the performance ofthe contract with the Fund that all qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status

4 The contractor will include the provisions of subdivisions (I) through (3) ofthis section in every subcontract or purchase order in such a mannenhat such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

5 The contractor will comply with all provisions ofthis contract and of the rules regulations and orders issued by the Fund to implement the same

6 The contractor will furnish all information and reports required by the Fund and by any applicable rules regulations and any orders issued pursuant thereto and will permit access to its books records and accounts by the Fund for purposes of investigation to ascertain compliance with this contract and such rules regulations and order

7 If the contractor does not comply with the nondiscrimination provisions of this contract or with any such rules regulations or orders this contract may be cancelled terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts involving projects under the auspices ofthe Fund and such other sanctions may be imposed and remedies invoked as are provided by rule regulations or order issued by the Fund or as otherwise provided by law

8 The contractor will include the foregoing provisions in every subcontract or purchase order issued in connection with the performance ofthe prime procurements contract as well as in any agreement with architects engineers accountants and legal counsel for professional services by incorporating the text or by reference thereto so that such provisions will be binding upon each subcontractor professional firm or vendor The contractor will take such action with respect to any subcontract or purchase order as the Fund may direct as a means ofenforcing such provisions including sanctions for noncompliance

9 The provisions of this section shall be deemed supplementary to and not in lieu ofor in substitution for the provisions of the New York State Labor Law relating to

8

nondiscrimination and other applicable Federal State or City law ordinance rule and regulation

I 0 Each contractor having a contract containing these provisions shall file and shall cause each of his subcontractors to file compliance reports with the Fund Compliance reports shall be filed within such time and shall contain such information as to the practices policies programs employment policies and employment statistics of the contractors and each subcontractor and shall be in such form as the Fund may prescribe

11 Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeships or training for such workers the compliance report shall include such information as to such labor unions or agencys practices and policies affecting compliance as the Fund may prescribe provided that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor the contractor shall so certify to the Fund as part ofhis compliance report and shall set forth what efforts he has made to obtain such information

12 The Fund may direct that any bidder or prospective contractor or subcontractor shall submit as part of his compliance report a statement in writing signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training with which the bidder or prospective contractor deals with supporting information to the effect that the signers practice and policies do not discriminate on the ground of race creed color national origin sex sexual orientation age disability or marital status and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this contract or that it consents and agrees that recruitment employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of this contract In the event that the union or the agency shall refuse to execute such a statement the compliance rep01t shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Fund may require

Section F Dispute Resolution Process

All Procurement Contracts for an amount equal to or in excess of $25000 shall include a provision for resolving disputes with the Fund including but not limited to such matters as the scope of work required by the contract the interpretation of the contract and the amount to be paid for extra work Such a provision shall delineate a process that allows disputes to be resolved directly and efficiently between the Fund or its designee and the contractor At a minimum it shall (I) define when a dispute arises for reso lution by the process (2) set forth any limitations and exclusions affecting the subject matter of a dispute (3) designate the Fund s officers to whom the dispute must be directed (4) specify the form and content of notices and other documents to be submitted and the deadlines by which they must be submitted and (5) provide for any meetings to be convened as part of the dispute resolution process In addition in the event that the dispute is not resolved directly between the parties the dispute resolution provision shal l

9

provide for a third party mediator to further review and resolve the dispute with the parties to share equally in the expense of such mediation

Section G Procurement Contracts with Former Trustees Officers or Employees of the Fund

The Fund may not enter into any Procurement Contract with a former trustee officer or employee of the Fund unless that action complies with (I) the Code of Conduct for the Trustees of the Fund and (2) all applicable laws and regulations including without limitation the New York Public Officers Law

Section H Preparation of Annual Report on Procurement Contracts

I The Fund shall annuaJy prepare and approve a report on summarizing the procurement activity of the Fund for the reporting period and the Procurement Contracts entered into by the Fund during the reporting period or otherwise performed by the Fund during the reporting period The Funds annual procurement contract report shall incJude

(a) the Guidelines

(b) an explanation of the Guidelines and any amendments thereto made since the last annual report

(c) a list of all Procurement Contracts entered into since the last annual report

(d) a list of the Procurement Contractors performing services since the last annual report

(e) the selection process used in connection with each Procurement Contract

(f) a list of contract prices fees commissions or other charges paid to each Procurement Contractor and

(g) any statements required by law relating to the Fund s Guidelines or Procurement Contracts

2 The Funds annual report on Procurement Contracts may be made a part of any other annual report

Section I Distribution ofAnnual Report on Procurement Contracts

1 The Fund shall submit its annual repo1t on Procurement Contracts to the Division of the Budget

2 The Fund shall supply copies of its annual report on procurement contracts of the following

(a) Department of Audit and Control of the State of New York

JO

(b) New York State Senate Finance committee and

(c) (c) New York State Assembly Ways and Means Committee

3 The Fund shall make copies of its annual report on Procurement Contracts available to the public upon reasonable request therefore

Section J Amendment of These Guidelines

The Fund shall have the power from time to time to amend these Guidelines by vote of a majority of the Board

Section K Effect ofNoncompliance with Guidelines

Failure by the Fund to comply with the provisions of these Guidelines shall not alter affect the validity of modify the terms of or impair any contract or agreement for goods services interests in real estate andor construction to which the Fund is a party

Section L Prompt Payment

1 Authorization - This Statement of Prompt Payment Policy is adopted by the Members of the Board ofthe CUCF pursuant to the provisions ofSection 2880 ofthe Public Authorities Law

2 Purpose - It is the purpose ofthis Statement ofPrompt Payment Policy ofthe CUCF to set forth the standards for the payment ofbills within specific periods and to prescribe interest charges in situations where payments do not conform to these standards as provided by section 2880 ofthe Public Authorities Law

1 Prompt Payment Policy - It shall be the policy of the CUCF to process contract payments efficiently and expeditiously so as to assure payment in a timely manner to firms and organizations which do business with the CUCF and to avoid to the greatest extent practicable the payment of interest in cases where prompt payment does not occur as provided herein

Rules and Regulations - Pursuant to Section 2880 of the Public Authorities Law the CUCF promulgated Prompt Payment Guidelines effective July 1 2014 The Guidelines may be amended from time to time as needed to comply with the Public Authorities Law

5 Definitions - The following terms shall have the following meanings wiless the context shall indicate another of different meaning or intent

(a) CUCF means the City University Construction Fund (b) Designated Payment Office means the office designated by the CUCF to which a

proper invoice is to be submitted by a contractor

( c) Prompt Payment means payment ofa debt due and owing by the CUCF before

11

interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

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development ofreal property the Fund may negotiate with one or more vendors and award a Procurement Contract in the best interests of the Fund

(d) Single Source When the Executive Director determines that there is only a single responsible source for any goods services interests in real estate andor construction required by the Fund the Fund may award a Procurement Contract without competitive procedures A record setting forth the circumstances under which any such contract was let shall be provided in the annual report of the Fund prepared for the year in which the contract is let

(e) Emergency In the event ofan emergency involving danger to life or property or other unforeseen occurrences requiring immediate action that cannot await the completion of other procurement mechanisms the Executive Director may award a Procurement Contract without competitive procedures For any such Procurement Contract involving an actual or estimated expense of $10000 or more the Executive Director shall prior to executing the contract notify four Trustees of the Fund of the nature and circumstances of the emergency and obtain their approval as to the aware The Executive Director shall present a report of the award of such an emergency contract as an information item at the next regularly scheduled meeting of the Board of Trustees A record setting forth the circumstances under which any such emergency contract was awarded shall be provided in the annual report of the Fund prepared for the year in which the contract is awarded

(t) Contracts Procured by Government Entities The Fund may award a Procurement Contract through existing contracts awarded by government entities ie the State of New York including any authority or public benefit corporation of the State of New York the City of New York including the Department of Education or the Federal Government provided that the Procurement Contract contains material terms including price that are substantially the same as or more favorable than the material terms of the contract with the government entity

(g) Procurement Cards (P-Cards) The Executive Director shall be permitted to utilize Procurement Cards a flexible convenient and efficient means of processing payments for one-time and recurring monthly purchases for payment of reasonable out-of-pocket expenses incurred in the performance of the duties of that office such as subscriptions parking lot fees E-Z Pass tolls and telecommunication charges

(h) Discretionary Purchasing In accordance with Section 2879 of the New York State Public Authorities Law the Fund may use its discretion in the selection of vendors to compete for Procurement Contracts for goods services including architectural services and engineering services andor construction as follows

1 Eligibility to compete for such Procurement Contracts may be limited by the Fund to those vendors Certified as Minority-Owned Business Enterpri ses or Women-Owned Business Enterprises by Empire State Developments Division of Minority and Womens Business Development or Certified as Service-Disabled Veteran-Owned Businesses by the New

3

York State Office of General Services Division of Service-Disabled Veterans Business Development This is to provide an opportunity for such entities to compete for Procurement Contracts so as to facilitate the awarding by the Fund of a fair share of such Procurement Contracts to such entities consistent with State law and these Guidelines

11 The total value of all such Procurement Contract awards by the Fund to a particular vendor cannot exceed $200000

111 Except as otherwise provided in this Section all other provisions of these Guidelines remain in effect

(i) Other Mechanisms Approved by the Funds Board The Fund may use any other procurement mechanism the Board of Trustees shall deem appropriate

3 Advertisement Requirements for Competitive Selection Mechanisms

The solicitation of bids proposals or submissions for a Procurement Contract shalJ be made by the Fund in a manner determined by the Executive Director to be the most cost-effective for providing reasonable competition for the Funds procurement contracts This may include advertisement in appropriate newspapers or trade journals direct mailings and such other outreach mechanisms as are consistent with the policy of these Guidelines with respect to firms considered by the Executive Director to be qualified including without limitation Minority Business Enterprises and Women-Owned Business Enterprises

(a) Procurement Opportunities Newsletter The Executive Director may solicit bids or proposals by placing a listing in the New York State Contract Reporter or any other official listing of bidding opportunities established under Article 4-C of the Economic Development Law or comparable statutes Any such listing shall be made in conformity with the rules and requirements established by the responsible agency such as New York State Department of Economic Development Division for Small Business that are in effect at the time the listing is to be made

(b) General Contents of Solicitations Except as otherwise required (for example by the applicable rules of the Department of Economic Development referred to in item (a) above) each solicitation by the Fund sh al I include (i) the name of the Fund (ii) a description of the goods services andor construction sought the location where goods are to be delivered or services andor construction are to be provided and the contract term (iii) the address where bids or proposals are to be submitted (iv) the date when such bids or proposals are due (v) a description of any eligibility requirement or preference and (vi) any other information that the Executive Director deems useful

(c) Antidiscrimination Language in Fund Solicitations All solicitations of bids or proposals for any procurement contract shall contain or make reference to the following

(i) The contractor will not discriminate against employees or applicants

4

for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal opportunity without discrimination Such programs shall include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retaining including apprenticeship and on-the-job training

(ii) At the request of the Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation of the contractors obligations hereunder

(iii) The contractor will state in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the Fund that will qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status and

(iv) The contractor will include the provisions of subdivisions (i) through (iii) of this section in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

(d) Procurement Contracts for $50000 or More If the actual or estimated cost of a Procurement Contract is fifty thousand dollars ($50 000) or more any solicitation shall be published once in the New York State Contract Reporter published by Empire State Development and at least once in a newspaper of general circulation

(e) Timing At least fifteen business days shall elapse between the first solicitation of bids proposals or submissions or the first publication of any advertisement for bids proposals or submissions and the due date for the submission of bids proposals or submissions

4 Award of Procurement Contracts

(a) Minimum Solicitation Except as otherwise provided in these Guidelines the Executive Director shall solicit bids proposals or submissions from at least three (3) contractors that are qualified to provide the goods services interests in real estate andor construction sought by the Fund and have

5

agreed to consent to the nondiscrimination and compliance provisions required by Section E of these Guidelines Subject to subsections (b) and (c) hereof the Fund shall award the Procurement Contract on the basis of the most favorable combination of criteria applicable respectively to goods services interests in real estate or construction such as quality ability to deliver or perform in a timely manner price or fee structure location technical qualifications financial stability past performance staff availability and experience

(b) Contracts for $10000 or More No Procurement Contract involving an actual or estimated expense of ten thousand dollars ($10000) or more shall be awarded by the Fund unless prior to execution of the contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(c) Contracts for $25000 or More Each Procurement Contract for supplies materials or equipment involving an estimated expense of twenty-five thousand dollars ($25000) or more shall be awarded to the lowest responsible bidder furnishing required security if security is to be required after obtaining competitive bids proposals or submissions for such contract in the manner prescribed herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(d) Construction ManagementBuild (CMBuild) Contracts The Executive Director is authorized to enter into CMBuild contracts as defined herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract A record setting forth the justification for utilizing a CMBuild contract shall be provided to the Board Notwithstanding anything herein to the contrary award shall be made to the highest qualified vendor after successful negotiation of a fair and reasonable pnce

(e) Job Order Contract (JOC) The Executive Director is authorized to enter into JOC contracts as defined herein

(f) Alternative Selection Mechanisms Notwithstanding anything herein to the contrary the Executive Director may recommend that the Board approve procedures for the use and application of a particular selection mechanism other than those set forth in these Guidelines

5 Board Review of Procurement Contracts

For each Procurement Contract to which the Fund is a party the Executive Director will document and describe for the Board the procedure used to select the Procurement Contractor

Section D Minority Business Enterprise and Women-Owned Business Enterprise Participation

1 Solicitation

6

In order to promote the engagement of Minority Business Enterprises and WomenshyOwned Business Enterprises as Procurement Contractors the Fund shall solicit offers from Minority Business Enterprises and Women-Owned Business Enterprises known to supply the goods or provide the services interests in real estate andor construction sought If the provision of any goods services interests in real estate andor construction under a prime contract permits or requires the use of a subcontractors said prime contract shall require the prime contractor to act affirmatively to secure participation by Minority Business Enterprises and Women-Owned Business Enterprises in such subcontract and to report the nature and extent of such efforts to the Fund

2 Maintenance of List of Procurement Contractors Including Minority Business Enterprises and Women-Owned Business Enterprises

The Executive Director shall prepare and update annually a list of potential sources including Minority Business Enterprises and Women-Owned Business Enterprises of goods services interests in real estate andor construction that are regularly purchased by the Fund or that the Fund expects to purchase in the following year Executive Directors report to the Board shall include (a) the list and (b) the procedures established to identify new sources for the list and to notify such new sources of the opportunity to bid for contracts for the purchase of goods services interests in real estate andor construction In identifying qualified sources including Minority Business Enterprises and Women-Owned Business Enterprises the Executive Director shall seek the assistance of agencies of the State ofNew York and the City ofNew York including the Department of Commerce the Office of General Services and the Office of Contract Compliance and Minority and Women-Owned Business Enterprises of the State and the Office of Minority Business Development of the City

3 Qualification as a Minority Business Enterprise or Women-Owned Business Enterprises

The Executive director shall require each contractor seeking to be considered as a Minority Business Enterprise or Women-Owned Business Enterprise by the Fund to submit a written statement describing how it qualifies as a Minority Business Enterprise or Women-Owned Business Enterprise The Fund shall monitor the entities considered to be Minority Business Enterprises and Women-Owned Business Enterprises to ensure their continued satisfaction of the criteria set forth in these Guidelines

Section E Standard Nondiscrimination and Compliance Provisions to be Made a Part of Procurement Contracts

Each Procurement Contract shall include the following nondiscrimination and compliance provisions

I The contractor will not discriminate against any employee or applicant for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal oppo1tunity without discrimination Such programs shall

7

include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retraining including apprenticeship and on-the-job training The contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the substance of this nondiscrimination provision

2 At the request ofthe Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation ofthe contractors obligations hereunder

3 The contractor will state in all solicitations or advertisements for employees placed by or on behalf ofthe contractor in the performance ofthe contract with the Fund that all qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status

4 The contractor will include the provisions of subdivisions (I) through (3) ofthis section in every subcontract or purchase order in such a mannenhat such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

5 The contractor will comply with all provisions ofthis contract and of the rules regulations and orders issued by the Fund to implement the same

6 The contractor will furnish all information and reports required by the Fund and by any applicable rules regulations and any orders issued pursuant thereto and will permit access to its books records and accounts by the Fund for purposes of investigation to ascertain compliance with this contract and such rules regulations and order

7 If the contractor does not comply with the nondiscrimination provisions of this contract or with any such rules regulations or orders this contract may be cancelled terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts involving projects under the auspices ofthe Fund and such other sanctions may be imposed and remedies invoked as are provided by rule regulations or order issued by the Fund or as otherwise provided by law

8 The contractor will include the foregoing provisions in every subcontract or purchase order issued in connection with the performance ofthe prime procurements contract as well as in any agreement with architects engineers accountants and legal counsel for professional services by incorporating the text or by reference thereto so that such provisions will be binding upon each subcontractor professional firm or vendor The contractor will take such action with respect to any subcontract or purchase order as the Fund may direct as a means ofenforcing such provisions including sanctions for noncompliance

9 The provisions of this section shall be deemed supplementary to and not in lieu ofor in substitution for the provisions of the New York State Labor Law relating to

8

nondiscrimination and other applicable Federal State or City law ordinance rule and regulation

I 0 Each contractor having a contract containing these provisions shall file and shall cause each of his subcontractors to file compliance reports with the Fund Compliance reports shall be filed within such time and shall contain such information as to the practices policies programs employment policies and employment statistics of the contractors and each subcontractor and shall be in such form as the Fund may prescribe

11 Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeships or training for such workers the compliance report shall include such information as to such labor unions or agencys practices and policies affecting compliance as the Fund may prescribe provided that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor the contractor shall so certify to the Fund as part ofhis compliance report and shall set forth what efforts he has made to obtain such information

12 The Fund may direct that any bidder or prospective contractor or subcontractor shall submit as part of his compliance report a statement in writing signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training with which the bidder or prospective contractor deals with supporting information to the effect that the signers practice and policies do not discriminate on the ground of race creed color national origin sex sexual orientation age disability or marital status and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this contract or that it consents and agrees that recruitment employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of this contract In the event that the union or the agency shall refuse to execute such a statement the compliance rep01t shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Fund may require

Section F Dispute Resolution Process

All Procurement Contracts for an amount equal to or in excess of $25000 shall include a provision for resolving disputes with the Fund including but not limited to such matters as the scope of work required by the contract the interpretation of the contract and the amount to be paid for extra work Such a provision shall delineate a process that allows disputes to be resolved directly and efficiently between the Fund or its designee and the contractor At a minimum it shall (I) define when a dispute arises for reso lution by the process (2) set forth any limitations and exclusions affecting the subject matter of a dispute (3) designate the Fund s officers to whom the dispute must be directed (4) specify the form and content of notices and other documents to be submitted and the deadlines by which they must be submitted and (5) provide for any meetings to be convened as part of the dispute resolution process In addition in the event that the dispute is not resolved directly between the parties the dispute resolution provision shal l

9

provide for a third party mediator to further review and resolve the dispute with the parties to share equally in the expense of such mediation

Section G Procurement Contracts with Former Trustees Officers or Employees of the Fund

The Fund may not enter into any Procurement Contract with a former trustee officer or employee of the Fund unless that action complies with (I) the Code of Conduct for the Trustees of the Fund and (2) all applicable laws and regulations including without limitation the New York Public Officers Law

Section H Preparation of Annual Report on Procurement Contracts

I The Fund shall annuaJy prepare and approve a report on summarizing the procurement activity of the Fund for the reporting period and the Procurement Contracts entered into by the Fund during the reporting period or otherwise performed by the Fund during the reporting period The Funds annual procurement contract report shall incJude

(a) the Guidelines

(b) an explanation of the Guidelines and any amendments thereto made since the last annual report

(c) a list of all Procurement Contracts entered into since the last annual report

(d) a list of the Procurement Contractors performing services since the last annual report

(e) the selection process used in connection with each Procurement Contract

(f) a list of contract prices fees commissions or other charges paid to each Procurement Contractor and

(g) any statements required by law relating to the Fund s Guidelines or Procurement Contracts

2 The Funds annual report on Procurement Contracts may be made a part of any other annual report

Section I Distribution ofAnnual Report on Procurement Contracts

1 The Fund shall submit its annual repo1t on Procurement Contracts to the Division of the Budget

2 The Fund shall supply copies of its annual report on procurement contracts of the following

(a) Department of Audit and Control of the State of New York

JO

(b) New York State Senate Finance committee and

(c) (c) New York State Assembly Ways and Means Committee

3 The Fund shall make copies of its annual report on Procurement Contracts available to the public upon reasonable request therefore

Section J Amendment of These Guidelines

The Fund shall have the power from time to time to amend these Guidelines by vote of a majority of the Board

Section K Effect ofNoncompliance with Guidelines

Failure by the Fund to comply with the provisions of these Guidelines shall not alter affect the validity of modify the terms of or impair any contract or agreement for goods services interests in real estate andor construction to which the Fund is a party

Section L Prompt Payment

1 Authorization - This Statement of Prompt Payment Policy is adopted by the Members of the Board ofthe CUCF pursuant to the provisions ofSection 2880 ofthe Public Authorities Law

2 Purpose - It is the purpose ofthis Statement ofPrompt Payment Policy ofthe CUCF to set forth the standards for the payment ofbills within specific periods and to prescribe interest charges in situations where payments do not conform to these standards as provided by section 2880 ofthe Public Authorities Law

1 Prompt Payment Policy - It shall be the policy of the CUCF to process contract payments efficiently and expeditiously so as to assure payment in a timely manner to firms and organizations which do business with the CUCF and to avoid to the greatest extent practicable the payment of interest in cases where prompt payment does not occur as provided herein

Rules and Regulations - Pursuant to Section 2880 of the Public Authorities Law the CUCF promulgated Prompt Payment Guidelines effective July 1 2014 The Guidelines may be amended from time to time as needed to comply with the Public Authorities Law

5 Definitions - The following terms shall have the following meanings wiless the context shall indicate another of different meaning or intent

(a) CUCF means the City University Construction Fund (b) Designated Payment Office means the office designated by the CUCF to which a

proper invoice is to be submitted by a contractor

( c) Prompt Payment means payment ofa debt due and owing by the CUCF before

11

interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

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Page 9: AND THE GUIDELINES FOR PROCUREMENT CONTRACTS That … · Baruch Library Master Plan Baruch Student Computer Lab Baruch Student Computer Lab Baruch - Stud ~nt Computer Lab BMCC ADA

York State Office of General Services Division of Service-Disabled Veterans Business Development This is to provide an opportunity for such entities to compete for Procurement Contracts so as to facilitate the awarding by the Fund of a fair share of such Procurement Contracts to such entities consistent with State law and these Guidelines

11 The total value of all such Procurement Contract awards by the Fund to a particular vendor cannot exceed $200000

111 Except as otherwise provided in this Section all other provisions of these Guidelines remain in effect

(i) Other Mechanisms Approved by the Funds Board The Fund may use any other procurement mechanism the Board of Trustees shall deem appropriate

3 Advertisement Requirements for Competitive Selection Mechanisms

The solicitation of bids proposals or submissions for a Procurement Contract shalJ be made by the Fund in a manner determined by the Executive Director to be the most cost-effective for providing reasonable competition for the Funds procurement contracts This may include advertisement in appropriate newspapers or trade journals direct mailings and such other outreach mechanisms as are consistent with the policy of these Guidelines with respect to firms considered by the Executive Director to be qualified including without limitation Minority Business Enterprises and Women-Owned Business Enterprises

(a) Procurement Opportunities Newsletter The Executive Director may solicit bids or proposals by placing a listing in the New York State Contract Reporter or any other official listing of bidding opportunities established under Article 4-C of the Economic Development Law or comparable statutes Any such listing shall be made in conformity with the rules and requirements established by the responsible agency such as New York State Department of Economic Development Division for Small Business that are in effect at the time the listing is to be made

(b) General Contents of Solicitations Except as otherwise required (for example by the applicable rules of the Department of Economic Development referred to in item (a) above) each solicitation by the Fund sh al I include (i) the name of the Fund (ii) a description of the goods services andor construction sought the location where goods are to be delivered or services andor construction are to be provided and the contract term (iii) the address where bids or proposals are to be submitted (iv) the date when such bids or proposals are due (v) a description of any eligibility requirement or preference and (vi) any other information that the Executive Director deems useful

(c) Antidiscrimination Language in Fund Solicitations All solicitations of bids or proposals for any procurement contract shall contain or make reference to the following

(i) The contractor will not discriminate against employees or applicants

4

for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal opportunity without discrimination Such programs shall include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retaining including apprenticeship and on-the-job training

(ii) At the request of the Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation of the contractors obligations hereunder

(iii) The contractor will state in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the Fund that will qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status and

(iv) The contractor will include the provisions of subdivisions (i) through (iii) of this section in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

(d) Procurement Contracts for $50000 or More If the actual or estimated cost of a Procurement Contract is fifty thousand dollars ($50 000) or more any solicitation shall be published once in the New York State Contract Reporter published by Empire State Development and at least once in a newspaper of general circulation

(e) Timing At least fifteen business days shall elapse between the first solicitation of bids proposals or submissions or the first publication of any advertisement for bids proposals or submissions and the due date for the submission of bids proposals or submissions

4 Award of Procurement Contracts

(a) Minimum Solicitation Except as otherwise provided in these Guidelines the Executive Director shall solicit bids proposals or submissions from at least three (3) contractors that are qualified to provide the goods services interests in real estate andor construction sought by the Fund and have

5

agreed to consent to the nondiscrimination and compliance provisions required by Section E of these Guidelines Subject to subsections (b) and (c) hereof the Fund shall award the Procurement Contract on the basis of the most favorable combination of criteria applicable respectively to goods services interests in real estate or construction such as quality ability to deliver or perform in a timely manner price or fee structure location technical qualifications financial stability past performance staff availability and experience

(b) Contracts for $10000 or More No Procurement Contract involving an actual or estimated expense of ten thousand dollars ($10000) or more shall be awarded by the Fund unless prior to execution of the contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(c) Contracts for $25000 or More Each Procurement Contract for supplies materials or equipment involving an estimated expense of twenty-five thousand dollars ($25000) or more shall be awarded to the lowest responsible bidder furnishing required security if security is to be required after obtaining competitive bids proposals or submissions for such contract in the manner prescribed herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(d) Construction ManagementBuild (CMBuild) Contracts The Executive Director is authorized to enter into CMBuild contracts as defined herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract A record setting forth the justification for utilizing a CMBuild contract shall be provided to the Board Notwithstanding anything herein to the contrary award shall be made to the highest qualified vendor after successful negotiation of a fair and reasonable pnce

(e) Job Order Contract (JOC) The Executive Director is authorized to enter into JOC contracts as defined herein

(f) Alternative Selection Mechanisms Notwithstanding anything herein to the contrary the Executive Director may recommend that the Board approve procedures for the use and application of a particular selection mechanism other than those set forth in these Guidelines

5 Board Review of Procurement Contracts

For each Procurement Contract to which the Fund is a party the Executive Director will document and describe for the Board the procedure used to select the Procurement Contractor

Section D Minority Business Enterprise and Women-Owned Business Enterprise Participation

1 Solicitation

6

In order to promote the engagement of Minority Business Enterprises and WomenshyOwned Business Enterprises as Procurement Contractors the Fund shall solicit offers from Minority Business Enterprises and Women-Owned Business Enterprises known to supply the goods or provide the services interests in real estate andor construction sought If the provision of any goods services interests in real estate andor construction under a prime contract permits or requires the use of a subcontractors said prime contract shall require the prime contractor to act affirmatively to secure participation by Minority Business Enterprises and Women-Owned Business Enterprises in such subcontract and to report the nature and extent of such efforts to the Fund

2 Maintenance of List of Procurement Contractors Including Minority Business Enterprises and Women-Owned Business Enterprises

The Executive Director shall prepare and update annually a list of potential sources including Minority Business Enterprises and Women-Owned Business Enterprises of goods services interests in real estate andor construction that are regularly purchased by the Fund or that the Fund expects to purchase in the following year Executive Directors report to the Board shall include (a) the list and (b) the procedures established to identify new sources for the list and to notify such new sources of the opportunity to bid for contracts for the purchase of goods services interests in real estate andor construction In identifying qualified sources including Minority Business Enterprises and Women-Owned Business Enterprises the Executive Director shall seek the assistance of agencies of the State ofNew York and the City ofNew York including the Department of Commerce the Office of General Services and the Office of Contract Compliance and Minority and Women-Owned Business Enterprises of the State and the Office of Minority Business Development of the City

3 Qualification as a Minority Business Enterprise or Women-Owned Business Enterprises

The Executive director shall require each contractor seeking to be considered as a Minority Business Enterprise or Women-Owned Business Enterprise by the Fund to submit a written statement describing how it qualifies as a Minority Business Enterprise or Women-Owned Business Enterprise The Fund shall monitor the entities considered to be Minority Business Enterprises and Women-Owned Business Enterprises to ensure their continued satisfaction of the criteria set forth in these Guidelines

Section E Standard Nondiscrimination and Compliance Provisions to be Made a Part of Procurement Contracts

Each Procurement Contract shall include the following nondiscrimination and compliance provisions

I The contractor will not discriminate against any employee or applicant for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal oppo1tunity without discrimination Such programs shall

7

include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retraining including apprenticeship and on-the-job training The contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the substance of this nondiscrimination provision

2 At the request ofthe Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation ofthe contractors obligations hereunder

3 The contractor will state in all solicitations or advertisements for employees placed by or on behalf ofthe contractor in the performance ofthe contract with the Fund that all qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status

4 The contractor will include the provisions of subdivisions (I) through (3) ofthis section in every subcontract or purchase order in such a mannenhat such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

5 The contractor will comply with all provisions ofthis contract and of the rules regulations and orders issued by the Fund to implement the same

6 The contractor will furnish all information and reports required by the Fund and by any applicable rules regulations and any orders issued pursuant thereto and will permit access to its books records and accounts by the Fund for purposes of investigation to ascertain compliance with this contract and such rules regulations and order

7 If the contractor does not comply with the nondiscrimination provisions of this contract or with any such rules regulations or orders this contract may be cancelled terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts involving projects under the auspices ofthe Fund and such other sanctions may be imposed and remedies invoked as are provided by rule regulations or order issued by the Fund or as otherwise provided by law

8 The contractor will include the foregoing provisions in every subcontract or purchase order issued in connection with the performance ofthe prime procurements contract as well as in any agreement with architects engineers accountants and legal counsel for professional services by incorporating the text or by reference thereto so that such provisions will be binding upon each subcontractor professional firm or vendor The contractor will take such action with respect to any subcontract or purchase order as the Fund may direct as a means ofenforcing such provisions including sanctions for noncompliance

9 The provisions of this section shall be deemed supplementary to and not in lieu ofor in substitution for the provisions of the New York State Labor Law relating to

8

nondiscrimination and other applicable Federal State or City law ordinance rule and regulation

I 0 Each contractor having a contract containing these provisions shall file and shall cause each of his subcontractors to file compliance reports with the Fund Compliance reports shall be filed within such time and shall contain such information as to the practices policies programs employment policies and employment statistics of the contractors and each subcontractor and shall be in such form as the Fund may prescribe

11 Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeships or training for such workers the compliance report shall include such information as to such labor unions or agencys practices and policies affecting compliance as the Fund may prescribe provided that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor the contractor shall so certify to the Fund as part ofhis compliance report and shall set forth what efforts he has made to obtain such information

12 The Fund may direct that any bidder or prospective contractor or subcontractor shall submit as part of his compliance report a statement in writing signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training with which the bidder or prospective contractor deals with supporting information to the effect that the signers practice and policies do not discriminate on the ground of race creed color national origin sex sexual orientation age disability or marital status and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this contract or that it consents and agrees that recruitment employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of this contract In the event that the union or the agency shall refuse to execute such a statement the compliance rep01t shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Fund may require

Section F Dispute Resolution Process

All Procurement Contracts for an amount equal to or in excess of $25000 shall include a provision for resolving disputes with the Fund including but not limited to such matters as the scope of work required by the contract the interpretation of the contract and the amount to be paid for extra work Such a provision shall delineate a process that allows disputes to be resolved directly and efficiently between the Fund or its designee and the contractor At a minimum it shall (I) define when a dispute arises for reso lution by the process (2) set forth any limitations and exclusions affecting the subject matter of a dispute (3) designate the Fund s officers to whom the dispute must be directed (4) specify the form and content of notices and other documents to be submitted and the deadlines by which they must be submitted and (5) provide for any meetings to be convened as part of the dispute resolution process In addition in the event that the dispute is not resolved directly between the parties the dispute resolution provision shal l

9

provide for a third party mediator to further review and resolve the dispute with the parties to share equally in the expense of such mediation

Section G Procurement Contracts with Former Trustees Officers or Employees of the Fund

The Fund may not enter into any Procurement Contract with a former trustee officer or employee of the Fund unless that action complies with (I) the Code of Conduct for the Trustees of the Fund and (2) all applicable laws and regulations including without limitation the New York Public Officers Law

Section H Preparation of Annual Report on Procurement Contracts

I The Fund shall annuaJy prepare and approve a report on summarizing the procurement activity of the Fund for the reporting period and the Procurement Contracts entered into by the Fund during the reporting period or otherwise performed by the Fund during the reporting period The Funds annual procurement contract report shall incJude

(a) the Guidelines

(b) an explanation of the Guidelines and any amendments thereto made since the last annual report

(c) a list of all Procurement Contracts entered into since the last annual report

(d) a list of the Procurement Contractors performing services since the last annual report

(e) the selection process used in connection with each Procurement Contract

(f) a list of contract prices fees commissions or other charges paid to each Procurement Contractor and

(g) any statements required by law relating to the Fund s Guidelines or Procurement Contracts

2 The Funds annual report on Procurement Contracts may be made a part of any other annual report

Section I Distribution ofAnnual Report on Procurement Contracts

1 The Fund shall submit its annual repo1t on Procurement Contracts to the Division of the Budget

2 The Fund shall supply copies of its annual report on procurement contracts of the following

(a) Department of Audit and Control of the State of New York

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(b) New York State Senate Finance committee and

(c) (c) New York State Assembly Ways and Means Committee

3 The Fund shall make copies of its annual report on Procurement Contracts available to the public upon reasonable request therefore

Section J Amendment of These Guidelines

The Fund shall have the power from time to time to amend these Guidelines by vote of a majority of the Board

Section K Effect ofNoncompliance with Guidelines

Failure by the Fund to comply with the provisions of these Guidelines shall not alter affect the validity of modify the terms of or impair any contract or agreement for goods services interests in real estate andor construction to which the Fund is a party

Section L Prompt Payment

1 Authorization - This Statement of Prompt Payment Policy is adopted by the Members of the Board ofthe CUCF pursuant to the provisions ofSection 2880 ofthe Public Authorities Law

2 Purpose - It is the purpose ofthis Statement ofPrompt Payment Policy ofthe CUCF to set forth the standards for the payment ofbills within specific periods and to prescribe interest charges in situations where payments do not conform to these standards as provided by section 2880 ofthe Public Authorities Law

1 Prompt Payment Policy - It shall be the policy of the CUCF to process contract payments efficiently and expeditiously so as to assure payment in a timely manner to firms and organizations which do business with the CUCF and to avoid to the greatest extent practicable the payment of interest in cases where prompt payment does not occur as provided herein

Rules and Regulations - Pursuant to Section 2880 of the Public Authorities Law the CUCF promulgated Prompt Payment Guidelines effective July 1 2014 The Guidelines may be amended from time to time as needed to comply with the Public Authorities Law

5 Definitions - The following terms shall have the following meanings wiless the context shall indicate another of different meaning or intent

(a) CUCF means the City University Construction Fund (b) Designated Payment Office means the office designated by the CUCF to which a

proper invoice is to be submitted by a contractor

( c) Prompt Payment means payment ofa debt due and owing by the CUCF before

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interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

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Page 10: AND THE GUIDELINES FOR PROCUREMENT CONTRACTS That … · Baruch Library Master Plan Baruch Student Computer Lab Baruch Student Computer Lab Baruch - Stud ~nt Computer Lab BMCC ADA

for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal opportunity without discrimination Such programs shall include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retaining including apprenticeship and on-the-job training

(ii) At the request of the Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation of the contractors obligations hereunder

(iii) The contractor will state in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the Fund that will qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status and

(iv) The contractor will include the provisions of subdivisions (i) through (iii) of this section in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

(d) Procurement Contracts for $50000 or More If the actual or estimated cost of a Procurement Contract is fifty thousand dollars ($50 000) or more any solicitation shall be published once in the New York State Contract Reporter published by Empire State Development and at least once in a newspaper of general circulation

(e) Timing At least fifteen business days shall elapse between the first solicitation of bids proposals or submissions or the first publication of any advertisement for bids proposals or submissions and the due date for the submission of bids proposals or submissions

4 Award of Procurement Contracts

(a) Minimum Solicitation Except as otherwise provided in these Guidelines the Executive Director shall solicit bids proposals or submissions from at least three (3) contractors that are qualified to provide the goods services interests in real estate andor construction sought by the Fund and have

5

agreed to consent to the nondiscrimination and compliance provisions required by Section E of these Guidelines Subject to subsections (b) and (c) hereof the Fund shall award the Procurement Contract on the basis of the most favorable combination of criteria applicable respectively to goods services interests in real estate or construction such as quality ability to deliver or perform in a timely manner price or fee structure location technical qualifications financial stability past performance staff availability and experience

(b) Contracts for $10000 or More No Procurement Contract involving an actual or estimated expense of ten thousand dollars ($10000) or more shall be awarded by the Fund unless prior to execution of the contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(c) Contracts for $25000 or More Each Procurement Contract for supplies materials or equipment involving an estimated expense of twenty-five thousand dollars ($25000) or more shall be awarded to the lowest responsible bidder furnishing required security if security is to be required after obtaining competitive bids proposals or submissions for such contract in the manner prescribed herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(d) Construction ManagementBuild (CMBuild) Contracts The Executive Director is authorized to enter into CMBuild contracts as defined herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract A record setting forth the justification for utilizing a CMBuild contract shall be provided to the Board Notwithstanding anything herein to the contrary award shall be made to the highest qualified vendor after successful negotiation of a fair and reasonable pnce

(e) Job Order Contract (JOC) The Executive Director is authorized to enter into JOC contracts as defined herein

(f) Alternative Selection Mechanisms Notwithstanding anything herein to the contrary the Executive Director may recommend that the Board approve procedures for the use and application of a particular selection mechanism other than those set forth in these Guidelines

5 Board Review of Procurement Contracts

For each Procurement Contract to which the Fund is a party the Executive Director will document and describe for the Board the procedure used to select the Procurement Contractor

Section D Minority Business Enterprise and Women-Owned Business Enterprise Participation

1 Solicitation

6

In order to promote the engagement of Minority Business Enterprises and WomenshyOwned Business Enterprises as Procurement Contractors the Fund shall solicit offers from Minority Business Enterprises and Women-Owned Business Enterprises known to supply the goods or provide the services interests in real estate andor construction sought If the provision of any goods services interests in real estate andor construction under a prime contract permits or requires the use of a subcontractors said prime contract shall require the prime contractor to act affirmatively to secure participation by Minority Business Enterprises and Women-Owned Business Enterprises in such subcontract and to report the nature and extent of such efforts to the Fund

2 Maintenance of List of Procurement Contractors Including Minority Business Enterprises and Women-Owned Business Enterprises

The Executive Director shall prepare and update annually a list of potential sources including Minority Business Enterprises and Women-Owned Business Enterprises of goods services interests in real estate andor construction that are regularly purchased by the Fund or that the Fund expects to purchase in the following year Executive Directors report to the Board shall include (a) the list and (b) the procedures established to identify new sources for the list and to notify such new sources of the opportunity to bid for contracts for the purchase of goods services interests in real estate andor construction In identifying qualified sources including Minority Business Enterprises and Women-Owned Business Enterprises the Executive Director shall seek the assistance of agencies of the State ofNew York and the City ofNew York including the Department of Commerce the Office of General Services and the Office of Contract Compliance and Minority and Women-Owned Business Enterprises of the State and the Office of Minority Business Development of the City

3 Qualification as a Minority Business Enterprise or Women-Owned Business Enterprises

The Executive director shall require each contractor seeking to be considered as a Minority Business Enterprise or Women-Owned Business Enterprise by the Fund to submit a written statement describing how it qualifies as a Minority Business Enterprise or Women-Owned Business Enterprise The Fund shall monitor the entities considered to be Minority Business Enterprises and Women-Owned Business Enterprises to ensure their continued satisfaction of the criteria set forth in these Guidelines

Section E Standard Nondiscrimination and Compliance Provisions to be Made a Part of Procurement Contracts

Each Procurement Contract shall include the following nondiscrimination and compliance provisions

I The contractor will not discriminate against any employee or applicant for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal oppo1tunity without discrimination Such programs shall

7

include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retraining including apprenticeship and on-the-job training The contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the substance of this nondiscrimination provision

2 At the request ofthe Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation ofthe contractors obligations hereunder

3 The contractor will state in all solicitations or advertisements for employees placed by or on behalf ofthe contractor in the performance ofthe contract with the Fund that all qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status

4 The contractor will include the provisions of subdivisions (I) through (3) ofthis section in every subcontract or purchase order in such a mannenhat such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

5 The contractor will comply with all provisions ofthis contract and of the rules regulations and orders issued by the Fund to implement the same

6 The contractor will furnish all information and reports required by the Fund and by any applicable rules regulations and any orders issued pursuant thereto and will permit access to its books records and accounts by the Fund for purposes of investigation to ascertain compliance with this contract and such rules regulations and order

7 If the contractor does not comply with the nondiscrimination provisions of this contract or with any such rules regulations or orders this contract may be cancelled terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts involving projects under the auspices ofthe Fund and such other sanctions may be imposed and remedies invoked as are provided by rule regulations or order issued by the Fund or as otherwise provided by law

8 The contractor will include the foregoing provisions in every subcontract or purchase order issued in connection with the performance ofthe prime procurements contract as well as in any agreement with architects engineers accountants and legal counsel for professional services by incorporating the text or by reference thereto so that such provisions will be binding upon each subcontractor professional firm or vendor The contractor will take such action with respect to any subcontract or purchase order as the Fund may direct as a means ofenforcing such provisions including sanctions for noncompliance

9 The provisions of this section shall be deemed supplementary to and not in lieu ofor in substitution for the provisions of the New York State Labor Law relating to

8

nondiscrimination and other applicable Federal State or City law ordinance rule and regulation

I 0 Each contractor having a contract containing these provisions shall file and shall cause each of his subcontractors to file compliance reports with the Fund Compliance reports shall be filed within such time and shall contain such information as to the practices policies programs employment policies and employment statistics of the contractors and each subcontractor and shall be in such form as the Fund may prescribe

11 Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeships or training for such workers the compliance report shall include such information as to such labor unions or agencys practices and policies affecting compliance as the Fund may prescribe provided that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor the contractor shall so certify to the Fund as part ofhis compliance report and shall set forth what efforts he has made to obtain such information

12 The Fund may direct that any bidder or prospective contractor or subcontractor shall submit as part of his compliance report a statement in writing signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training with which the bidder or prospective contractor deals with supporting information to the effect that the signers practice and policies do not discriminate on the ground of race creed color national origin sex sexual orientation age disability or marital status and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this contract or that it consents and agrees that recruitment employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of this contract In the event that the union or the agency shall refuse to execute such a statement the compliance rep01t shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Fund may require

Section F Dispute Resolution Process

All Procurement Contracts for an amount equal to or in excess of $25000 shall include a provision for resolving disputes with the Fund including but not limited to such matters as the scope of work required by the contract the interpretation of the contract and the amount to be paid for extra work Such a provision shall delineate a process that allows disputes to be resolved directly and efficiently between the Fund or its designee and the contractor At a minimum it shall (I) define when a dispute arises for reso lution by the process (2) set forth any limitations and exclusions affecting the subject matter of a dispute (3) designate the Fund s officers to whom the dispute must be directed (4) specify the form and content of notices and other documents to be submitted and the deadlines by which they must be submitted and (5) provide for any meetings to be convened as part of the dispute resolution process In addition in the event that the dispute is not resolved directly between the parties the dispute resolution provision shal l

9

provide for a third party mediator to further review and resolve the dispute with the parties to share equally in the expense of such mediation

Section G Procurement Contracts with Former Trustees Officers or Employees of the Fund

The Fund may not enter into any Procurement Contract with a former trustee officer or employee of the Fund unless that action complies with (I) the Code of Conduct for the Trustees of the Fund and (2) all applicable laws and regulations including without limitation the New York Public Officers Law

Section H Preparation of Annual Report on Procurement Contracts

I The Fund shall annuaJy prepare and approve a report on summarizing the procurement activity of the Fund for the reporting period and the Procurement Contracts entered into by the Fund during the reporting period or otherwise performed by the Fund during the reporting period The Funds annual procurement contract report shall incJude

(a) the Guidelines

(b) an explanation of the Guidelines and any amendments thereto made since the last annual report

(c) a list of all Procurement Contracts entered into since the last annual report

(d) a list of the Procurement Contractors performing services since the last annual report

(e) the selection process used in connection with each Procurement Contract

(f) a list of contract prices fees commissions or other charges paid to each Procurement Contractor and

(g) any statements required by law relating to the Fund s Guidelines or Procurement Contracts

2 The Funds annual report on Procurement Contracts may be made a part of any other annual report

Section I Distribution ofAnnual Report on Procurement Contracts

1 The Fund shall submit its annual repo1t on Procurement Contracts to the Division of the Budget

2 The Fund shall supply copies of its annual report on procurement contracts of the following

(a) Department of Audit and Control of the State of New York

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(b) New York State Senate Finance committee and

(c) (c) New York State Assembly Ways and Means Committee

3 The Fund shall make copies of its annual report on Procurement Contracts available to the public upon reasonable request therefore

Section J Amendment of These Guidelines

The Fund shall have the power from time to time to amend these Guidelines by vote of a majority of the Board

Section K Effect ofNoncompliance with Guidelines

Failure by the Fund to comply with the provisions of these Guidelines shall not alter affect the validity of modify the terms of or impair any contract or agreement for goods services interests in real estate andor construction to which the Fund is a party

Section L Prompt Payment

1 Authorization - This Statement of Prompt Payment Policy is adopted by the Members of the Board ofthe CUCF pursuant to the provisions ofSection 2880 ofthe Public Authorities Law

2 Purpose - It is the purpose ofthis Statement ofPrompt Payment Policy ofthe CUCF to set forth the standards for the payment ofbills within specific periods and to prescribe interest charges in situations where payments do not conform to these standards as provided by section 2880 ofthe Public Authorities Law

1 Prompt Payment Policy - It shall be the policy of the CUCF to process contract payments efficiently and expeditiously so as to assure payment in a timely manner to firms and organizations which do business with the CUCF and to avoid to the greatest extent practicable the payment of interest in cases where prompt payment does not occur as provided herein

Rules and Regulations - Pursuant to Section 2880 of the Public Authorities Law the CUCF promulgated Prompt Payment Guidelines effective July 1 2014 The Guidelines may be amended from time to time as needed to comply with the Public Authorities Law

5 Definitions - The following terms shall have the following meanings wiless the context shall indicate another of different meaning or intent

(a) CUCF means the City University Construction Fund (b) Designated Payment Office means the office designated by the CUCF to which a

proper invoice is to be submitted by a contractor

( c) Prompt Payment means payment ofa debt due and owing by the CUCF before

11

interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

14

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agreed to consent to the nondiscrimination and compliance provisions required by Section E of these Guidelines Subject to subsections (b) and (c) hereof the Fund shall award the Procurement Contract on the basis of the most favorable combination of criteria applicable respectively to goods services interests in real estate or construction such as quality ability to deliver or perform in a timely manner price or fee structure location technical qualifications financial stability past performance staff availability and experience

(b) Contracts for $10000 or More No Procurement Contract involving an actual or estimated expense of ten thousand dollars ($10000) or more shall be awarded by the Fund unless prior to execution of the contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(c) Contracts for $25000 or More Each Procurement Contract for supplies materials or equipment involving an estimated expense of twenty-five thousand dollars ($25000) or more shall be awarded to the lowest responsible bidder furnishing required security if security is to be required after obtaining competitive bids proposals or submissions for such contract in the manner prescribed herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract

(d) Construction ManagementBuild (CMBuild) Contracts The Executive Director is authorized to enter into CMBuild contracts as defined herein provided that prior to execution of such contract by the Fund no fewer than four ( 4) trustees of the Fund approve the contract A record setting forth the justification for utilizing a CMBuild contract shall be provided to the Board Notwithstanding anything herein to the contrary award shall be made to the highest qualified vendor after successful negotiation of a fair and reasonable pnce

(e) Job Order Contract (JOC) The Executive Director is authorized to enter into JOC contracts as defined herein

(f) Alternative Selection Mechanisms Notwithstanding anything herein to the contrary the Executive Director may recommend that the Board approve procedures for the use and application of a particular selection mechanism other than those set forth in these Guidelines

5 Board Review of Procurement Contracts

For each Procurement Contract to which the Fund is a party the Executive Director will document and describe for the Board the procedure used to select the Procurement Contractor

Section D Minority Business Enterprise and Women-Owned Business Enterprise Participation

1 Solicitation

6

In order to promote the engagement of Minority Business Enterprises and WomenshyOwned Business Enterprises as Procurement Contractors the Fund shall solicit offers from Minority Business Enterprises and Women-Owned Business Enterprises known to supply the goods or provide the services interests in real estate andor construction sought If the provision of any goods services interests in real estate andor construction under a prime contract permits or requires the use of a subcontractors said prime contract shall require the prime contractor to act affirmatively to secure participation by Minority Business Enterprises and Women-Owned Business Enterprises in such subcontract and to report the nature and extent of such efforts to the Fund

2 Maintenance of List of Procurement Contractors Including Minority Business Enterprises and Women-Owned Business Enterprises

The Executive Director shall prepare and update annually a list of potential sources including Minority Business Enterprises and Women-Owned Business Enterprises of goods services interests in real estate andor construction that are regularly purchased by the Fund or that the Fund expects to purchase in the following year Executive Directors report to the Board shall include (a) the list and (b) the procedures established to identify new sources for the list and to notify such new sources of the opportunity to bid for contracts for the purchase of goods services interests in real estate andor construction In identifying qualified sources including Minority Business Enterprises and Women-Owned Business Enterprises the Executive Director shall seek the assistance of agencies of the State ofNew York and the City ofNew York including the Department of Commerce the Office of General Services and the Office of Contract Compliance and Minority and Women-Owned Business Enterprises of the State and the Office of Minority Business Development of the City

3 Qualification as a Minority Business Enterprise or Women-Owned Business Enterprises

The Executive director shall require each contractor seeking to be considered as a Minority Business Enterprise or Women-Owned Business Enterprise by the Fund to submit a written statement describing how it qualifies as a Minority Business Enterprise or Women-Owned Business Enterprise The Fund shall monitor the entities considered to be Minority Business Enterprises and Women-Owned Business Enterprises to ensure their continued satisfaction of the criteria set forth in these Guidelines

Section E Standard Nondiscrimination and Compliance Provisions to be Made a Part of Procurement Contracts

Each Procurement Contract shall include the following nondiscrimination and compliance provisions

I The contractor will not discriminate against any employee or applicant for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal oppo1tunity without discrimination Such programs shall

7

include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retraining including apprenticeship and on-the-job training The contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the substance of this nondiscrimination provision

2 At the request ofthe Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation ofthe contractors obligations hereunder

3 The contractor will state in all solicitations or advertisements for employees placed by or on behalf ofthe contractor in the performance ofthe contract with the Fund that all qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status

4 The contractor will include the provisions of subdivisions (I) through (3) ofthis section in every subcontract or purchase order in such a mannenhat such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

5 The contractor will comply with all provisions ofthis contract and of the rules regulations and orders issued by the Fund to implement the same

6 The contractor will furnish all information and reports required by the Fund and by any applicable rules regulations and any orders issued pursuant thereto and will permit access to its books records and accounts by the Fund for purposes of investigation to ascertain compliance with this contract and such rules regulations and order

7 If the contractor does not comply with the nondiscrimination provisions of this contract or with any such rules regulations or orders this contract may be cancelled terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts involving projects under the auspices ofthe Fund and such other sanctions may be imposed and remedies invoked as are provided by rule regulations or order issued by the Fund or as otherwise provided by law

8 The contractor will include the foregoing provisions in every subcontract or purchase order issued in connection with the performance ofthe prime procurements contract as well as in any agreement with architects engineers accountants and legal counsel for professional services by incorporating the text or by reference thereto so that such provisions will be binding upon each subcontractor professional firm or vendor The contractor will take such action with respect to any subcontract or purchase order as the Fund may direct as a means ofenforcing such provisions including sanctions for noncompliance

9 The provisions of this section shall be deemed supplementary to and not in lieu ofor in substitution for the provisions of the New York State Labor Law relating to

8

nondiscrimination and other applicable Federal State or City law ordinance rule and regulation

I 0 Each contractor having a contract containing these provisions shall file and shall cause each of his subcontractors to file compliance reports with the Fund Compliance reports shall be filed within such time and shall contain such information as to the practices policies programs employment policies and employment statistics of the contractors and each subcontractor and shall be in such form as the Fund may prescribe

11 Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeships or training for such workers the compliance report shall include such information as to such labor unions or agencys practices and policies affecting compliance as the Fund may prescribe provided that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor the contractor shall so certify to the Fund as part ofhis compliance report and shall set forth what efforts he has made to obtain such information

12 The Fund may direct that any bidder or prospective contractor or subcontractor shall submit as part of his compliance report a statement in writing signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training with which the bidder or prospective contractor deals with supporting information to the effect that the signers practice and policies do not discriminate on the ground of race creed color national origin sex sexual orientation age disability or marital status and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this contract or that it consents and agrees that recruitment employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of this contract In the event that the union or the agency shall refuse to execute such a statement the compliance rep01t shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Fund may require

Section F Dispute Resolution Process

All Procurement Contracts for an amount equal to or in excess of $25000 shall include a provision for resolving disputes with the Fund including but not limited to such matters as the scope of work required by the contract the interpretation of the contract and the amount to be paid for extra work Such a provision shall delineate a process that allows disputes to be resolved directly and efficiently between the Fund or its designee and the contractor At a minimum it shall (I) define when a dispute arises for reso lution by the process (2) set forth any limitations and exclusions affecting the subject matter of a dispute (3) designate the Fund s officers to whom the dispute must be directed (4) specify the form and content of notices and other documents to be submitted and the deadlines by which they must be submitted and (5) provide for any meetings to be convened as part of the dispute resolution process In addition in the event that the dispute is not resolved directly between the parties the dispute resolution provision shal l

9

provide for a third party mediator to further review and resolve the dispute with the parties to share equally in the expense of such mediation

Section G Procurement Contracts with Former Trustees Officers or Employees of the Fund

The Fund may not enter into any Procurement Contract with a former trustee officer or employee of the Fund unless that action complies with (I) the Code of Conduct for the Trustees of the Fund and (2) all applicable laws and regulations including without limitation the New York Public Officers Law

Section H Preparation of Annual Report on Procurement Contracts

I The Fund shall annuaJy prepare and approve a report on summarizing the procurement activity of the Fund for the reporting period and the Procurement Contracts entered into by the Fund during the reporting period or otherwise performed by the Fund during the reporting period The Funds annual procurement contract report shall incJude

(a) the Guidelines

(b) an explanation of the Guidelines and any amendments thereto made since the last annual report

(c) a list of all Procurement Contracts entered into since the last annual report

(d) a list of the Procurement Contractors performing services since the last annual report

(e) the selection process used in connection with each Procurement Contract

(f) a list of contract prices fees commissions or other charges paid to each Procurement Contractor and

(g) any statements required by law relating to the Fund s Guidelines or Procurement Contracts

2 The Funds annual report on Procurement Contracts may be made a part of any other annual report

Section I Distribution ofAnnual Report on Procurement Contracts

1 The Fund shall submit its annual repo1t on Procurement Contracts to the Division of the Budget

2 The Fund shall supply copies of its annual report on procurement contracts of the following

(a) Department of Audit and Control of the State of New York

JO

(b) New York State Senate Finance committee and

(c) (c) New York State Assembly Ways and Means Committee

3 The Fund shall make copies of its annual report on Procurement Contracts available to the public upon reasonable request therefore

Section J Amendment of These Guidelines

The Fund shall have the power from time to time to amend these Guidelines by vote of a majority of the Board

Section K Effect ofNoncompliance with Guidelines

Failure by the Fund to comply with the provisions of these Guidelines shall not alter affect the validity of modify the terms of or impair any contract or agreement for goods services interests in real estate andor construction to which the Fund is a party

Section L Prompt Payment

1 Authorization - This Statement of Prompt Payment Policy is adopted by the Members of the Board ofthe CUCF pursuant to the provisions ofSection 2880 ofthe Public Authorities Law

2 Purpose - It is the purpose ofthis Statement ofPrompt Payment Policy ofthe CUCF to set forth the standards for the payment ofbills within specific periods and to prescribe interest charges in situations where payments do not conform to these standards as provided by section 2880 ofthe Public Authorities Law

1 Prompt Payment Policy - It shall be the policy of the CUCF to process contract payments efficiently and expeditiously so as to assure payment in a timely manner to firms and organizations which do business with the CUCF and to avoid to the greatest extent practicable the payment of interest in cases where prompt payment does not occur as provided herein

Rules and Regulations - Pursuant to Section 2880 of the Public Authorities Law the CUCF promulgated Prompt Payment Guidelines effective July 1 2014 The Guidelines may be amended from time to time as needed to comply with the Public Authorities Law

5 Definitions - The following terms shall have the following meanings wiless the context shall indicate another of different meaning or intent

(a) CUCF means the City University Construction Fund (b) Designated Payment Office means the office designated by the CUCF to which a

proper invoice is to be submitted by a contractor

( c) Prompt Payment means payment ofa debt due and owing by the CUCF before

11

interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

14

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In order to promote the engagement of Minority Business Enterprises and WomenshyOwned Business Enterprises as Procurement Contractors the Fund shall solicit offers from Minority Business Enterprises and Women-Owned Business Enterprises known to supply the goods or provide the services interests in real estate andor construction sought If the provision of any goods services interests in real estate andor construction under a prime contract permits or requires the use of a subcontractors said prime contract shall require the prime contractor to act affirmatively to secure participation by Minority Business Enterprises and Women-Owned Business Enterprises in such subcontract and to report the nature and extent of such efforts to the Fund

2 Maintenance of List of Procurement Contractors Including Minority Business Enterprises and Women-Owned Business Enterprises

The Executive Director shall prepare and update annually a list of potential sources including Minority Business Enterprises and Women-Owned Business Enterprises of goods services interests in real estate andor construction that are regularly purchased by the Fund or that the Fund expects to purchase in the following year Executive Directors report to the Board shall include (a) the list and (b) the procedures established to identify new sources for the list and to notify such new sources of the opportunity to bid for contracts for the purchase of goods services interests in real estate andor construction In identifying qualified sources including Minority Business Enterprises and Women-Owned Business Enterprises the Executive Director shall seek the assistance of agencies of the State ofNew York and the City ofNew York including the Department of Commerce the Office of General Services and the Office of Contract Compliance and Minority and Women-Owned Business Enterprises of the State and the Office of Minority Business Development of the City

3 Qualification as a Minority Business Enterprise or Women-Owned Business Enterprises

The Executive director shall require each contractor seeking to be considered as a Minority Business Enterprise or Women-Owned Business Enterprise by the Fund to submit a written statement describing how it qualifies as a Minority Business Enterprise or Women-Owned Business Enterprise The Fund shall monitor the entities considered to be Minority Business Enterprises and Women-Owned Business Enterprises to ensure their continued satisfaction of the criteria set forth in these Guidelines

Section E Standard Nondiscrimination and Compliance Provisions to be Made a Part of Procurement Contracts

Each Procurement Contract shall include the following nondiscrimination and compliance provisions

I The contractor will not discriminate against any employee or applicant for employment because of race creed color national origin sex sexual orientation age disability or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group members (as herein defined) including without limitation women are afforded equal oppo1tunity without discrimination Such programs shall

7

include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retraining including apprenticeship and on-the-job training The contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the substance of this nondiscrimination provision

2 At the request ofthe Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation ofthe contractors obligations hereunder

3 The contractor will state in all solicitations or advertisements for employees placed by or on behalf ofthe contractor in the performance ofthe contract with the Fund that all qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status

4 The contractor will include the provisions of subdivisions (I) through (3) ofthis section in every subcontract or purchase order in such a mannenhat such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

5 The contractor will comply with all provisions ofthis contract and of the rules regulations and orders issued by the Fund to implement the same

6 The contractor will furnish all information and reports required by the Fund and by any applicable rules regulations and any orders issued pursuant thereto and will permit access to its books records and accounts by the Fund for purposes of investigation to ascertain compliance with this contract and such rules regulations and order

7 If the contractor does not comply with the nondiscrimination provisions of this contract or with any such rules regulations or orders this contract may be cancelled terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts involving projects under the auspices ofthe Fund and such other sanctions may be imposed and remedies invoked as are provided by rule regulations or order issued by the Fund or as otherwise provided by law

8 The contractor will include the foregoing provisions in every subcontract or purchase order issued in connection with the performance ofthe prime procurements contract as well as in any agreement with architects engineers accountants and legal counsel for professional services by incorporating the text or by reference thereto so that such provisions will be binding upon each subcontractor professional firm or vendor The contractor will take such action with respect to any subcontract or purchase order as the Fund may direct as a means ofenforcing such provisions including sanctions for noncompliance

9 The provisions of this section shall be deemed supplementary to and not in lieu ofor in substitution for the provisions of the New York State Labor Law relating to

8

nondiscrimination and other applicable Federal State or City law ordinance rule and regulation

I 0 Each contractor having a contract containing these provisions shall file and shall cause each of his subcontractors to file compliance reports with the Fund Compliance reports shall be filed within such time and shall contain such information as to the practices policies programs employment policies and employment statistics of the contractors and each subcontractor and shall be in such form as the Fund may prescribe

11 Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeships or training for such workers the compliance report shall include such information as to such labor unions or agencys practices and policies affecting compliance as the Fund may prescribe provided that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor the contractor shall so certify to the Fund as part ofhis compliance report and shall set forth what efforts he has made to obtain such information

12 The Fund may direct that any bidder or prospective contractor or subcontractor shall submit as part of his compliance report a statement in writing signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training with which the bidder or prospective contractor deals with supporting information to the effect that the signers practice and policies do not discriminate on the ground of race creed color national origin sex sexual orientation age disability or marital status and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this contract or that it consents and agrees that recruitment employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of this contract In the event that the union or the agency shall refuse to execute such a statement the compliance rep01t shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Fund may require

Section F Dispute Resolution Process

All Procurement Contracts for an amount equal to or in excess of $25000 shall include a provision for resolving disputes with the Fund including but not limited to such matters as the scope of work required by the contract the interpretation of the contract and the amount to be paid for extra work Such a provision shall delineate a process that allows disputes to be resolved directly and efficiently between the Fund or its designee and the contractor At a minimum it shall (I) define when a dispute arises for reso lution by the process (2) set forth any limitations and exclusions affecting the subject matter of a dispute (3) designate the Fund s officers to whom the dispute must be directed (4) specify the form and content of notices and other documents to be submitted and the deadlines by which they must be submitted and (5) provide for any meetings to be convened as part of the dispute resolution process In addition in the event that the dispute is not resolved directly between the parties the dispute resolution provision shal l

9

provide for a third party mediator to further review and resolve the dispute with the parties to share equally in the expense of such mediation

Section G Procurement Contracts with Former Trustees Officers or Employees of the Fund

The Fund may not enter into any Procurement Contract with a former trustee officer or employee of the Fund unless that action complies with (I) the Code of Conduct for the Trustees of the Fund and (2) all applicable laws and regulations including without limitation the New York Public Officers Law

Section H Preparation of Annual Report on Procurement Contracts

I The Fund shall annuaJy prepare and approve a report on summarizing the procurement activity of the Fund for the reporting period and the Procurement Contracts entered into by the Fund during the reporting period or otherwise performed by the Fund during the reporting period The Funds annual procurement contract report shall incJude

(a) the Guidelines

(b) an explanation of the Guidelines and any amendments thereto made since the last annual report

(c) a list of all Procurement Contracts entered into since the last annual report

(d) a list of the Procurement Contractors performing services since the last annual report

(e) the selection process used in connection with each Procurement Contract

(f) a list of contract prices fees commissions or other charges paid to each Procurement Contractor and

(g) any statements required by law relating to the Fund s Guidelines or Procurement Contracts

2 The Funds annual report on Procurement Contracts may be made a part of any other annual report

Section I Distribution ofAnnual Report on Procurement Contracts

1 The Fund shall submit its annual repo1t on Procurement Contracts to the Division of the Budget

2 The Fund shall supply copies of its annual report on procurement contracts of the following

(a) Department of Audit and Control of the State of New York

JO

(b) New York State Senate Finance committee and

(c) (c) New York State Assembly Ways and Means Committee

3 The Fund shall make copies of its annual report on Procurement Contracts available to the public upon reasonable request therefore

Section J Amendment of These Guidelines

The Fund shall have the power from time to time to amend these Guidelines by vote of a majority of the Board

Section K Effect ofNoncompliance with Guidelines

Failure by the Fund to comply with the provisions of these Guidelines shall not alter affect the validity of modify the terms of or impair any contract or agreement for goods services interests in real estate andor construction to which the Fund is a party

Section L Prompt Payment

1 Authorization - This Statement of Prompt Payment Policy is adopted by the Members of the Board ofthe CUCF pursuant to the provisions ofSection 2880 ofthe Public Authorities Law

2 Purpose - It is the purpose ofthis Statement ofPrompt Payment Policy ofthe CUCF to set forth the standards for the payment ofbills within specific periods and to prescribe interest charges in situations where payments do not conform to these standards as provided by section 2880 ofthe Public Authorities Law

1 Prompt Payment Policy - It shall be the policy of the CUCF to process contract payments efficiently and expeditiously so as to assure payment in a timely manner to firms and organizations which do business with the CUCF and to avoid to the greatest extent practicable the payment of interest in cases where prompt payment does not occur as provided herein

Rules and Regulations - Pursuant to Section 2880 of the Public Authorities Law the CUCF promulgated Prompt Payment Guidelines effective July 1 2014 The Guidelines may be amended from time to time as needed to comply with the Public Authorities Law

5 Definitions - The following terms shall have the following meanings wiless the context shall indicate another of different meaning or intent

(a) CUCF means the City University Construction Fund (b) Designated Payment Office means the office designated by the CUCF to which a

proper invoice is to be submitted by a contractor

( c) Prompt Payment means payment ofa debt due and owing by the CUCF before

11

interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

14

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include but not be limited to recruitment employment job assignments promotion upgrading demotion transfer layoff termination rates of pay or other forms of compensation and selections for training or retraining including apprenticeship and on-the-job training The contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the substance of this nondiscrimination provision

2 At the request ofthe Fund the contractor shall request each employment agency labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the authority to furnish a written statement that such employment agency labor union or representative shall not discriminate because of race creed color national origin sex sexual orientation age disability or marital status and that such union or representative will cooperate in the implementation ofthe contractors obligations hereunder

3 The contractor will state in all solicitations or advertisements for employees placed by or on behalf ofthe contractor in the performance ofthe contract with the Fund that all qualified applicants will be afforded equal employment opportunity without discrimination because of race creed color national origin sex sexual orientation age disability or marital status

4 The contractor will include the provisions of subdivisions (I) through (3) ofthis section in every subcontract or purchase order in such a mannenhat such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the Fund

5 The contractor will comply with all provisions ofthis contract and of the rules regulations and orders issued by the Fund to implement the same

6 The contractor will furnish all information and reports required by the Fund and by any applicable rules regulations and any orders issued pursuant thereto and will permit access to its books records and accounts by the Fund for purposes of investigation to ascertain compliance with this contract and such rules regulations and order

7 If the contractor does not comply with the nondiscrimination provisions of this contract or with any such rules regulations or orders this contract may be cancelled terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts involving projects under the auspices ofthe Fund and such other sanctions may be imposed and remedies invoked as are provided by rule regulations or order issued by the Fund or as otherwise provided by law

8 The contractor will include the foregoing provisions in every subcontract or purchase order issued in connection with the performance ofthe prime procurements contract as well as in any agreement with architects engineers accountants and legal counsel for professional services by incorporating the text or by reference thereto so that such provisions will be binding upon each subcontractor professional firm or vendor The contractor will take such action with respect to any subcontract or purchase order as the Fund may direct as a means ofenforcing such provisions including sanctions for noncompliance

9 The provisions of this section shall be deemed supplementary to and not in lieu ofor in substitution for the provisions of the New York State Labor Law relating to

8

nondiscrimination and other applicable Federal State or City law ordinance rule and regulation

I 0 Each contractor having a contract containing these provisions shall file and shall cause each of his subcontractors to file compliance reports with the Fund Compliance reports shall be filed within such time and shall contain such information as to the practices policies programs employment policies and employment statistics of the contractors and each subcontractor and shall be in such form as the Fund may prescribe

11 Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeships or training for such workers the compliance report shall include such information as to such labor unions or agencys practices and policies affecting compliance as the Fund may prescribe provided that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor the contractor shall so certify to the Fund as part ofhis compliance report and shall set forth what efforts he has made to obtain such information

12 The Fund may direct that any bidder or prospective contractor or subcontractor shall submit as part of his compliance report a statement in writing signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training with which the bidder or prospective contractor deals with supporting information to the effect that the signers practice and policies do not discriminate on the ground of race creed color national origin sex sexual orientation age disability or marital status and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this contract or that it consents and agrees that recruitment employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of this contract In the event that the union or the agency shall refuse to execute such a statement the compliance rep01t shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Fund may require

Section F Dispute Resolution Process

All Procurement Contracts for an amount equal to or in excess of $25000 shall include a provision for resolving disputes with the Fund including but not limited to such matters as the scope of work required by the contract the interpretation of the contract and the amount to be paid for extra work Such a provision shall delineate a process that allows disputes to be resolved directly and efficiently between the Fund or its designee and the contractor At a minimum it shall (I) define when a dispute arises for reso lution by the process (2) set forth any limitations and exclusions affecting the subject matter of a dispute (3) designate the Fund s officers to whom the dispute must be directed (4) specify the form and content of notices and other documents to be submitted and the deadlines by which they must be submitted and (5) provide for any meetings to be convened as part of the dispute resolution process In addition in the event that the dispute is not resolved directly between the parties the dispute resolution provision shal l

9

provide for a third party mediator to further review and resolve the dispute with the parties to share equally in the expense of such mediation

Section G Procurement Contracts with Former Trustees Officers or Employees of the Fund

The Fund may not enter into any Procurement Contract with a former trustee officer or employee of the Fund unless that action complies with (I) the Code of Conduct for the Trustees of the Fund and (2) all applicable laws and regulations including without limitation the New York Public Officers Law

Section H Preparation of Annual Report on Procurement Contracts

I The Fund shall annuaJy prepare and approve a report on summarizing the procurement activity of the Fund for the reporting period and the Procurement Contracts entered into by the Fund during the reporting period or otherwise performed by the Fund during the reporting period The Funds annual procurement contract report shall incJude

(a) the Guidelines

(b) an explanation of the Guidelines and any amendments thereto made since the last annual report

(c) a list of all Procurement Contracts entered into since the last annual report

(d) a list of the Procurement Contractors performing services since the last annual report

(e) the selection process used in connection with each Procurement Contract

(f) a list of contract prices fees commissions or other charges paid to each Procurement Contractor and

(g) any statements required by law relating to the Fund s Guidelines or Procurement Contracts

2 The Funds annual report on Procurement Contracts may be made a part of any other annual report

Section I Distribution ofAnnual Report on Procurement Contracts

1 The Fund shall submit its annual repo1t on Procurement Contracts to the Division of the Budget

2 The Fund shall supply copies of its annual report on procurement contracts of the following

(a) Department of Audit and Control of the State of New York

JO

(b) New York State Senate Finance committee and

(c) (c) New York State Assembly Ways and Means Committee

3 The Fund shall make copies of its annual report on Procurement Contracts available to the public upon reasonable request therefore

Section J Amendment of These Guidelines

The Fund shall have the power from time to time to amend these Guidelines by vote of a majority of the Board

Section K Effect ofNoncompliance with Guidelines

Failure by the Fund to comply with the provisions of these Guidelines shall not alter affect the validity of modify the terms of or impair any contract or agreement for goods services interests in real estate andor construction to which the Fund is a party

Section L Prompt Payment

1 Authorization - This Statement of Prompt Payment Policy is adopted by the Members of the Board ofthe CUCF pursuant to the provisions ofSection 2880 ofthe Public Authorities Law

2 Purpose - It is the purpose ofthis Statement ofPrompt Payment Policy ofthe CUCF to set forth the standards for the payment ofbills within specific periods and to prescribe interest charges in situations where payments do not conform to these standards as provided by section 2880 ofthe Public Authorities Law

1 Prompt Payment Policy - It shall be the policy of the CUCF to process contract payments efficiently and expeditiously so as to assure payment in a timely manner to firms and organizations which do business with the CUCF and to avoid to the greatest extent practicable the payment of interest in cases where prompt payment does not occur as provided herein

Rules and Regulations - Pursuant to Section 2880 of the Public Authorities Law the CUCF promulgated Prompt Payment Guidelines effective July 1 2014 The Guidelines may be amended from time to time as needed to comply with the Public Authorities Law

5 Definitions - The following terms shall have the following meanings wiless the context shall indicate another of different meaning or intent

(a) CUCF means the City University Construction Fund (b) Designated Payment Office means the office designated by the CUCF to which a

proper invoice is to be submitted by a contractor

( c) Prompt Payment means payment ofa debt due and owing by the CUCF before

11

interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

14

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nondiscrimination and other applicable Federal State or City law ordinance rule and regulation

I 0 Each contractor having a contract containing these provisions shall file and shall cause each of his subcontractors to file compliance reports with the Fund Compliance reports shall be filed within such time and shall contain such information as to the practices policies programs employment policies and employment statistics of the contractors and each subcontractor and shall be in such form as the Fund may prescribe

11 Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeships or training for such workers the compliance report shall include such information as to such labor unions or agencys practices and policies affecting compliance as the Fund may prescribe provided that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor the contractor shall so certify to the Fund as part ofhis compliance report and shall set forth what efforts he has made to obtain such information

12 The Fund may direct that any bidder or prospective contractor or subcontractor shall submit as part of his compliance report a statement in writing signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training with which the bidder or prospective contractor deals with supporting information to the effect that the signers practice and policies do not discriminate on the ground of race creed color national origin sex sexual orientation age disability or marital status and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this contract or that it consents and agrees that recruitment employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of this contract In the event that the union or the agency shall refuse to execute such a statement the compliance rep01t shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Fund may require

Section F Dispute Resolution Process

All Procurement Contracts for an amount equal to or in excess of $25000 shall include a provision for resolving disputes with the Fund including but not limited to such matters as the scope of work required by the contract the interpretation of the contract and the amount to be paid for extra work Such a provision shall delineate a process that allows disputes to be resolved directly and efficiently between the Fund or its designee and the contractor At a minimum it shall (I) define when a dispute arises for reso lution by the process (2) set forth any limitations and exclusions affecting the subject matter of a dispute (3) designate the Fund s officers to whom the dispute must be directed (4) specify the form and content of notices and other documents to be submitted and the deadlines by which they must be submitted and (5) provide for any meetings to be convened as part of the dispute resolution process In addition in the event that the dispute is not resolved directly between the parties the dispute resolution provision shal l

9

provide for a third party mediator to further review and resolve the dispute with the parties to share equally in the expense of such mediation

Section G Procurement Contracts with Former Trustees Officers or Employees of the Fund

The Fund may not enter into any Procurement Contract with a former trustee officer or employee of the Fund unless that action complies with (I) the Code of Conduct for the Trustees of the Fund and (2) all applicable laws and regulations including without limitation the New York Public Officers Law

Section H Preparation of Annual Report on Procurement Contracts

I The Fund shall annuaJy prepare and approve a report on summarizing the procurement activity of the Fund for the reporting period and the Procurement Contracts entered into by the Fund during the reporting period or otherwise performed by the Fund during the reporting period The Funds annual procurement contract report shall incJude

(a) the Guidelines

(b) an explanation of the Guidelines and any amendments thereto made since the last annual report

(c) a list of all Procurement Contracts entered into since the last annual report

(d) a list of the Procurement Contractors performing services since the last annual report

(e) the selection process used in connection with each Procurement Contract

(f) a list of contract prices fees commissions or other charges paid to each Procurement Contractor and

(g) any statements required by law relating to the Fund s Guidelines or Procurement Contracts

2 The Funds annual report on Procurement Contracts may be made a part of any other annual report

Section I Distribution ofAnnual Report on Procurement Contracts

1 The Fund shall submit its annual repo1t on Procurement Contracts to the Division of the Budget

2 The Fund shall supply copies of its annual report on procurement contracts of the following

(a) Department of Audit and Control of the State of New York

JO

(b) New York State Senate Finance committee and

(c) (c) New York State Assembly Ways and Means Committee

3 The Fund shall make copies of its annual report on Procurement Contracts available to the public upon reasonable request therefore

Section J Amendment of These Guidelines

The Fund shall have the power from time to time to amend these Guidelines by vote of a majority of the Board

Section K Effect ofNoncompliance with Guidelines

Failure by the Fund to comply with the provisions of these Guidelines shall not alter affect the validity of modify the terms of or impair any contract or agreement for goods services interests in real estate andor construction to which the Fund is a party

Section L Prompt Payment

1 Authorization - This Statement of Prompt Payment Policy is adopted by the Members of the Board ofthe CUCF pursuant to the provisions ofSection 2880 ofthe Public Authorities Law

2 Purpose - It is the purpose ofthis Statement ofPrompt Payment Policy ofthe CUCF to set forth the standards for the payment ofbills within specific periods and to prescribe interest charges in situations where payments do not conform to these standards as provided by section 2880 ofthe Public Authorities Law

1 Prompt Payment Policy - It shall be the policy of the CUCF to process contract payments efficiently and expeditiously so as to assure payment in a timely manner to firms and organizations which do business with the CUCF and to avoid to the greatest extent practicable the payment of interest in cases where prompt payment does not occur as provided herein

Rules and Regulations - Pursuant to Section 2880 of the Public Authorities Law the CUCF promulgated Prompt Payment Guidelines effective July 1 2014 The Guidelines may be amended from time to time as needed to comply with the Public Authorities Law

5 Definitions - The following terms shall have the following meanings wiless the context shall indicate another of different meaning or intent

(a) CUCF means the City University Construction Fund (b) Designated Payment Office means the office designated by the CUCF to which a

proper invoice is to be submitted by a contractor

( c) Prompt Payment means payment ofa debt due and owing by the CUCF before

11

interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

14

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provide for a third party mediator to further review and resolve the dispute with the parties to share equally in the expense of such mediation

Section G Procurement Contracts with Former Trustees Officers or Employees of the Fund

The Fund may not enter into any Procurement Contract with a former trustee officer or employee of the Fund unless that action complies with (I) the Code of Conduct for the Trustees of the Fund and (2) all applicable laws and regulations including without limitation the New York Public Officers Law

Section H Preparation of Annual Report on Procurement Contracts

I The Fund shall annuaJy prepare and approve a report on summarizing the procurement activity of the Fund for the reporting period and the Procurement Contracts entered into by the Fund during the reporting period or otherwise performed by the Fund during the reporting period The Funds annual procurement contract report shall incJude

(a) the Guidelines

(b) an explanation of the Guidelines and any amendments thereto made since the last annual report

(c) a list of all Procurement Contracts entered into since the last annual report

(d) a list of the Procurement Contractors performing services since the last annual report

(e) the selection process used in connection with each Procurement Contract

(f) a list of contract prices fees commissions or other charges paid to each Procurement Contractor and

(g) any statements required by law relating to the Fund s Guidelines or Procurement Contracts

2 The Funds annual report on Procurement Contracts may be made a part of any other annual report

Section I Distribution ofAnnual Report on Procurement Contracts

1 The Fund shall submit its annual repo1t on Procurement Contracts to the Division of the Budget

2 The Fund shall supply copies of its annual report on procurement contracts of the following

(a) Department of Audit and Control of the State of New York

JO

(b) New York State Senate Finance committee and

(c) (c) New York State Assembly Ways and Means Committee

3 The Fund shall make copies of its annual report on Procurement Contracts available to the public upon reasonable request therefore

Section J Amendment of These Guidelines

The Fund shall have the power from time to time to amend these Guidelines by vote of a majority of the Board

Section K Effect ofNoncompliance with Guidelines

Failure by the Fund to comply with the provisions of these Guidelines shall not alter affect the validity of modify the terms of or impair any contract or agreement for goods services interests in real estate andor construction to which the Fund is a party

Section L Prompt Payment

1 Authorization - This Statement of Prompt Payment Policy is adopted by the Members of the Board ofthe CUCF pursuant to the provisions ofSection 2880 ofthe Public Authorities Law

2 Purpose - It is the purpose ofthis Statement ofPrompt Payment Policy ofthe CUCF to set forth the standards for the payment ofbills within specific periods and to prescribe interest charges in situations where payments do not conform to these standards as provided by section 2880 ofthe Public Authorities Law

1 Prompt Payment Policy - It shall be the policy of the CUCF to process contract payments efficiently and expeditiously so as to assure payment in a timely manner to firms and organizations which do business with the CUCF and to avoid to the greatest extent practicable the payment of interest in cases where prompt payment does not occur as provided herein

Rules and Regulations - Pursuant to Section 2880 of the Public Authorities Law the CUCF promulgated Prompt Payment Guidelines effective July 1 2014 The Guidelines may be amended from time to time as needed to comply with the Public Authorities Law

5 Definitions - The following terms shall have the following meanings wiless the context shall indicate another of different meaning or intent

(a) CUCF means the City University Construction Fund (b) Designated Payment Office means the office designated by the CUCF to which a

proper invoice is to be submitted by a contractor

( c) Prompt Payment means payment ofa debt due and owing by the CUCF before

11

interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

14

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(b) New York State Senate Finance committee and

(c) (c) New York State Assembly Ways and Means Committee

3 The Fund shall make copies of its annual report on Procurement Contracts available to the public upon reasonable request therefore

Section J Amendment of These Guidelines

The Fund shall have the power from time to time to amend these Guidelines by vote of a majority of the Board

Section K Effect ofNoncompliance with Guidelines

Failure by the Fund to comply with the provisions of these Guidelines shall not alter affect the validity of modify the terms of or impair any contract or agreement for goods services interests in real estate andor construction to which the Fund is a party

Section L Prompt Payment

1 Authorization - This Statement of Prompt Payment Policy is adopted by the Members of the Board ofthe CUCF pursuant to the provisions ofSection 2880 ofthe Public Authorities Law

2 Purpose - It is the purpose ofthis Statement ofPrompt Payment Policy ofthe CUCF to set forth the standards for the payment ofbills within specific periods and to prescribe interest charges in situations where payments do not conform to these standards as provided by section 2880 ofthe Public Authorities Law

1 Prompt Payment Policy - It shall be the policy of the CUCF to process contract payments efficiently and expeditiously so as to assure payment in a timely manner to firms and organizations which do business with the CUCF and to avoid to the greatest extent practicable the payment of interest in cases where prompt payment does not occur as provided herein

Rules and Regulations - Pursuant to Section 2880 of the Public Authorities Law the CUCF promulgated Prompt Payment Guidelines effective July 1 2014 The Guidelines may be amended from time to time as needed to comply with the Public Authorities Law

5 Definitions - The following terms shall have the following meanings wiless the context shall indicate another of different meaning or intent

(a) CUCF means the City University Construction Fund (b) Designated Payment Office means the office designated by the CUCF to which a

proper invoice is to be submitted by a contractor

( c) Prompt Payment means payment ofa debt due and owing by the CUCF before

11

interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

14

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interest accrues thereon pursuant to this Statement ofPrompt Payment Policy

(d) Proper Invoice means a written request for a contract payment that is submitted by a contractor setting forth the description price and quantity ofgoods property or services delivered or rendered in such form and supported by such other substantiating documentation as the CUCF may reasonably require

(e) Receipt ofan Invoice means (i) the date on which a Proper Invoice is actually received in the Designated Payment Office or (ii) the date on which the CUCF or other entity on whose behalfthe CUCF is acting received the purchased goods property or services covered by the Proper Invoice whichever is later

(t) Set-off means the reduction by the CUCF of a payment due to a contractor by an amount equal to the amount ofan unpaid legally enforceable debt owed by the contractor to the CUCF

6 Scope - This Statement ofPrompt Payment Policy shall be applicable to aJJ contract payments A contract payment is a payment to a contractor pursuant to a written contract or an amendment thereto signed by an Authorized Officer ofthe CUCF and ofthe contractor a fully executed change order or an executed purchase order A contractor is a person partnership private corporation limited liability company or association

(a) selling materials equipment or supplies or leasing property or equipment to the CUCF (b) constructing reconstructing rehabilitating or repairing facilities or other improvements

for or on benalfofthe CUCF or (c) rendering or providing services to the CUCF pursuant to a contract

7 Prompt Payment Procedure - Fach contractor requesting payment shall submit a Proper Invoice and adequate docwnentation to support the work services or goods provided to the Designated Payment Office

(a) In the case of invoices submitted by architects engineers contractors and other consultants pursuant to contracts awarded by the CUCF for the construction reconstruction rehabilitation or other improvements or facilities comprising all or part ofa project the vendor payment unit is the Designated Payment Office Proper Invoices submitted to the vendor payment unit will be transmitted to the CUCF project manager assigned to the project for approval Following the return ofthe approved proper invoice to the vendor payment unit a payment will be processed Payment will be made no later than 30 days except under the circumstances specified in subdivision (d) ofthis section after receipt ofsuch proper invoice at the designated payment office

(b) For all other invoices for contract payments not covered by paragraph ( a) the Finance Office ofthe CUCF in New York New York is the Designated Payment Office Proper Invoices submitted by the tenth ofthe month will be paid by the last day ofthe mon1h but in any event payment will be made no later than 30 days after receipt ofsuch Proper Invoice

(c) Ifa proper invoice is not paid within the periods described in (a) or (b) above such payment will be subject to interest at the overpayment rate set by the NYC Comptroller as agent for CUCF and the NYC Office ofManagement and Budget (0MB)

(d) In accordance with subparagraph (v) ofparagraph (A) ofsubdivision 3 ofSection 2880 ofthe Public Authorities Law when the following facts and circumstances exist the CUCF may to the extent necessruy extend the payment date ofa proper invoice to 45

12

days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

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period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

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days after receipt The facts and circwnstances may include but shall not be limited to

(1) a contract for which a prior overpayment has been made (2) a contract which is subject to a mechanics lien (3) a contract which is subject to a notice ofprevailing wage withholding (4) when the CUCF has been notified that an entity contracting with the CUCF or the

principals thereof are the subject ofcriminal investigation or indictment relating to the business activities ofthe entity

(5) those instances when the CUCF has reason to believe that the entity contracting with the CUCF has provided a false statement ormaterial misstatement in connection with the contract

(6) when the CUCF must rely on tests by a third party reported directly to the CUCF as a prerequisite for payment

(7) the goods and services were not rendered in the manner detailed in the contract requirements

8 Sources ofFunds Available for Payment oflnterest - The CUCF holds or has control of moneys which represent the proceeds ofthe issuance of its obligations or are on deposit in operating funds ofthe CUCF derived primarily from its fees and charges from which it may pay interest on Proper Invoices with respect to which Prompt Payment is not made

9 Extension ofPrompt Payment Date - The date by which a contract payment may be made without the payment of interest may be extended when any ofthe following facts or conditions exists

(a) in accordance with specific statutory or contractual provision payment must be preceded by an inspection period the receipt ofa signed receiving report in the case of the purchase ofgoods for an entity other than the CUCF itself or by an audit to determine the resources applied or used by a contractor in fulfilling the terms ofthe contract

(b) the necessary state government appropriation required to authorize payment has yet to be enacted

(c) a Proper Invoice must be examined by the federal government or other governmental entities prior to payment and

(d) such date by which contract payment must be made is modified in accordance with section 11 below

1Q Interest Eligibility and Computation - In order for the CUCF not to be liable for the payment of interest contract payment must bemade within the periods described in section 7 after the receipt ofan invoice for the amount ofthe contract payment due except when the contract payment is ofthe type where the facts and conditions are as defined pursuant to section 9 above Any time taken to satisfy or rectify any ofthe facts or conditions described in section 9 above shall extend the date by which contract payment must be made in order for the CUCF not to become liable for interest payments by an equal period oftime The CUCF shall not be liable for the payment ofinterest when such interest is Jess than ten dollars Notification of Defects - The CUCF shall have 15 calendar days after receipt ofan invoice by the Designated Payment Office to notify the contractor of(a) defects in the delivered goods property or services (b) defects in the invoice or ( c) suspected improprieties ofany kind and the existence ofsuch defects or improprieties shall prevent the commencement ofthe time

13

period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

14

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period specified in section 7 ofthis Statement When the CUCF fails to notify a contractor of such defects or suspected improprieties within 15 calendar days ofreceiving the invoice the number ofdays allowed for payment ofthe corrected proper invoice will be reduced by the number ofdays between the fifteenth day and the day that notification was transmitted to the contractor Ifthe CUCF in such situations fails to provide reasonable grounds for its contention that a defect or impropriety exists the date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be calculated from the date ofreceipt ofan invoice

lL Predetennined Interval Payments - A Proper Invoice submitted by the contractor shall be required to initiate any payment except where 1he contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each such schedu1ed payment and for the purposes ofdetermining eligibility for payment ofinterest and subject to 1he exception and time-to-rectify provisions ofsections 9 and 10 above 1he date by which contract payment must be made in order for the CUCF not to become liable for interest payments shall be the payment due date specified in accordance with the contract

lb 1napplicabi1ity ofStatement-The provisions ofthis Statement shall not apply to payments due and owing by the CUCF

(a) under the eminent domain procedure Jaw

(b) as interest allowed on judgments rendered by a court pursuant to any provision of]aw other than Section 2880 ofthe Public Authorities Law

(c) to the federal government to any state agency or its instrumentalities to any duly constituted unit ofloca1 government including but not limited to counties cities towns villages school districts special districts or any oftheir related instrumentalists to any other public CUCF or public benefit COIJX)ration or to its employees when acting in or incidental to their public employment capacity

(d) in a situation where the CUCF exercises a Set-offagainst all or part ofthe payment due the contractor or

(e) for reasonable cause determines not to release or reduce retainage upon completion or substantial completion ofa construction contract

13 Statement Filing - The CUCF shal1 within 30 days after the adoption ofthis statement fi]e a copy ofsuch statement and amendments thereto with the State Comptro11er the State Director ofthe Budget the Chairman ofthe Senate Finance Committee and the Chairman ofthe Assembly Ways and Means Committee

14 Contract Incorporation - The statement in effect at the time ofcreation ofa contract is hereby deemed to be incorporated into and made a part of that contract

15 Prompt Payment Report - The NYC Comptrol1er as agent for the CUCF shaU through the N YC Procurement Policy Board include CUCF in the prompt payment report generated for the City of New York as a whole Such report is made available as a matter of public record

1sect Public Access - The City of New York shal1 make such report available as a matter of public record

Jl Effective Date - This Statement ofPrompt Payment Policy shal1 take effect on July I 2014 and shall apply to contracts or purchase orders initially entered into on and after such date

14