US Laws, Codes, Statutes & Cases

 
    §  311.  Procurement  Policy  Board.  a.  There shall be a procurement
  policy board  consisting  of  five  members,  three  of  whom  shall  be
  appointed  by  the  mayor  and  two  of  whom  shall be appointed by the
  comptroller. Each member shall serve at the pleasure of  the  appointing
  official.   Members  shall  have  demonstrated  sufficient  business  or
  professional experience to discharge the  functions  of  the  board.  At
  least  one member appointed by the mayor and one member appointed by the
  comptroller shall not hold any other public office or public employment.
  The remaining members shall not be prohibited  from  holding  any  other
  public office or employment provided that no member may have substantial
  authority  for  the  procurement  of  goods,  services  or  construction
  pursuant to this chapter. The mayor shall designate the chair.
    b. The board shall promulgate  rules  as  required  by  this  chapter,
  including rules establishing:
    1.   the  methods  for  soliciting  bids  or  proposals  and  awarding
  contracts, consistent with the provisions of this chapter;
    2. the manner in which agencies shall administer contracts and oversee
  the performance of contracts and contractors;
    3. standards and procedures to be used in determining whether  bidders
  are responsible;
    4.  the  circumstances  under  which  procurement  may be used for the
  provision of technical, consultant or  personal  services,  which  shall
  include,  but  not  be  limited  to,  circumstances  where  the  use  of
  procurement is (a) desirable to  develop,  maintain  or  strengthen  the
  relationships  between  non-profit  and charitable organizations and the
  communities where services are to be provided,  (b)  cost-effective,  or
  (c)  necessary to (i) obtain special expertise, (ii) obtain personnel or
  expertise not available in the agency, (iii) to provide  a  service  not
  needed  on  a  long-term  basis,  (iv)  accomplish work within a limited
  amount of time, or (v) avoid a conflict of interest;
    5. the form and content of the files which agencies  are  required  to
  maintain  pursuant  to  section three hundred thirty-four and such other
  contract records as the board deems necessary and appropriate;
    6. the time schedules within which city officials shall be required to
  take the actions required by this  chapter,  sections  thirteen  hundred
  four  and thirteen hundred five, or by any rule issued pursuant thereto,
  in order for contracts to  be  entered  into,  registered  or  otherwise
  approved,  and  time  schedules  within which city officials should take
  action pursuant  to  any  other  provision  of  law  or  rule  regarding
  individual   contracts,   which  rules  shall  specify  the  appropriate
  remedies, including monetary remedies, for failure to meet the terms  of
  any applicable schedule for taking such actions. The board may set forth
  exceptions  to  these  rules.  The  promulgation  of rules defining time
  schedules  for  actions  by  the  division  of  economic  and  financial
  opportunity  of  the  department  of  small  business  services  and the
  division of labor services of such department shall require the approval
  of each division, as such rules pertain  to  actions  required  of  such
  divisions, prior to the adoption of such rules by the procurement policy
  board;
    7.  procedures  for  the  fair  and  equitable  resolution of contract
  disputes; and
    8. rules relating to the making of small purchases in  a  manner  that
  will  advance  the purposes of the program for minority- and women-owned
  business enterprises established pursuant to subdivision  b  of  section
  thirteen hundred four.
    9. such other rules as are required by this chapter.
    c.  The  board  may  promulgate  such  additional  rules, policies and
  procedures consistent with and as may  be  necessary  to  implement  the

  provisions  of  this chapter. The board shall annually review all of its
  rules, policies and procedures and make  such  revisions  as  the  board
  deems  necessary  and  desirable. Nothing herein shall prevent the board
  from  reviewing  its  rules,  policies  and  procedures, and making such
  revisions as the board deems necessary and desirable, more than once per
  year.
    d. The board shall promulgate  rules  to  facilitate  the  timely  and
  efficient  procurement  of  client  services,  and  to  ensure that such
  contracts are administered in the best interests of the city. Such rules
  shall include but not be limited to: (i) rules authorizing city agencies
  to meet annual financial audit requirements through  the  acceptance  of
  consolidated  audits  across  multiple  contracts and multiple agencies;
  (ii) rules providing for expedited  renewal  or  extension  of  existing
  client  services  contracts;  (iii)  rules mandating the promulgation of
  draft  and  final  contract  plans  by  all  agencies  procuring  client
  services.
    e.  The board shall submit an annual report to the mayor, comptroller,
  and  council  setting  forth  the  professional  standards  for   agency
  contracting  officers  adopted  by  the  mayor, including any applicable
  certification process.
    f. In the promulgation of any rules pertaining to the  procurement  of
  construction  or  construction related services, the board shall consult
  with any office designated by the mayor to provide overall  coordination
  to the city's capital construction activities.
    g. The board shall make such recommendations as it deems necessary and
  proper  to  the  mayor  and  the  council  regarding  the  organization,
  personnel structure and management of the  agency  procurement  function
  including,  where  appropriate,  recommendations  for  revision  of this
  charter or local laws affecting procurement by the  city.  Such  reports
  may  include  recommendations regarding agency use of advisory groups to
  assist in preparation of bids or proposals and selection of contractors.
  The board shall also review  the  form  and  content  of  city  contract
  documents  and  shall  submit  to the law department recommendations for
  standardization and simplification of contract language.
    h. The board shall not exercise authority with respect to the award or
  administration of any  particular  contract,  or  with  respect  to  any
  dispute, claim or litigation pertaining thereto.