Senate Bill S9800

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9800
 
                             I N  S E N A T E
 
                               May 30, 2024
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT to amend the public housing law, in relation to requirements for
   certain contracts for materials, supplies, or services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public housing law is amended by adding a new section
 151-b to read as follows:
   § 151-B. ADDITIONAL REQUIREMENTS FOR CONTRACTS BELOW A CERTAIN THRESH-
 OLD.  1. CONTRACTS FOR MATERIALS, SUPPLIES, OR SERVICES  WHICH  ARE  NOT
 REQUIRED  BY SECTION ONE HUNDRED FIFTY-ONE OF THIS ARTICLE TO BE MADE ON
 SEALED BIDS SHALL BE PROCURED IN A MANNER SO AS TO  ASSURE  THE  PRUDENT
 AND ECONOMICAL USE OF PUBLIC MONEYS IN THE BEST INTERESTS OF THE TAXPAY-
 ERS,  TO FACILITATE THE ACQUISITION OF MATERIALS, SUPPLIES, AND SERVICES
 OF MAXIMUM QUALITY AT THE LOWEST POSSIBLE COST UNDER THE  CIRCUMSTANCES,
 AND  TO GUARD AGAINST FAVORITISM, IMPROVIDENCE, EXTRAVAGANCE, FRAUD, AND
 CORRUPTION. TO FURTHER SUCH OBJECTIVES, AN AUTHORITY SHALL ADOPT  INTER-
 NAL  POLICIES  AND  PROCEDURES  GOVERNING ALL PROCUREMENTS OF MATERIALS,
 SUPPLIES, AND SERVICES WHICH ARE NOT REQUIRED TO BE MADE PURSUANT TO THE
 SEALED BID REQUIREMENTS OF SECTION ONE HUNDRED FIFTY-ONE OF THIS ARTICLE
 OR OF ANY OTHER GENERAL OR SPECIAL LAW.
   2. SUCH POLICIES AND PROCEDURES SHALL CONTAIN PROVISIONS WHICH,  AMONG
 OTHER THINGS:
   A.  PRESCRIBE  A  PROCEDURE  FOR  DETERMINING WHETHER A PROCUREMENT OF
 MATERIALS, SUPPLIES, AND SERVICES IS SUBJECT TO A SEALED BID  AND  DOCU-
 MENTING  THE  BASIS  FOR  ANY  DETERMINATION  THAT  A  SEALED BID IS NOT
 REQUIRED BY LAW;
   B. SET FORTH WHEN EACH SUCH METHOD OF PROCUREMENT  WILL  BE  UTILIZED,
 TAKING  INTO ACCOUNT WHICH METHOD WILL BEST FURTHER THE PURPOSES OF THIS
 SECTION AND THE COST-EFFECTIVENESS OF THE METHOD;
   C. REQUIRE ADEQUATE DOCUMENTATION OF ACTIONS TAKEN IN CONNECTION  WITH
 EACH SUCH METHOD OF PROCUREMENT; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15657-02-4
              

 S. 9800                             2
 
   D.  IDENTIFY  THE  RESPECTIVE  TITLES RESPONSIBLE FOR PURCHASING. SUCH
 INFORMATION SHALL BE UPDATED BIENNIALLY.
   3.  AN  AUTHORITY  IN  A CITY WITH A POPULATION OVER ONE MILLION SHALL
 CONSULT WITH THE DEPARTMENT OF INVESTIGATION OF THE CITY OF NEW YORK AND
 DEVELOP A PROCUREMENT CORRUPTION PREVENTION TRAINING PROGRAM.
   A. SUCH PROCUREMENT CORRUPTION PREVENTION TRAINING  PROGRAM  SHALL  BE
 INTERACTIVE AND INCLUDE:
   I.  INFORMATION  CONCERNING  THE FEDERAL, STATE, AND LOCAL STATUES AND
 REGULATIONS RELATED TO GRATUITIES AND BRIBES;
   II. INFORMATION CONCERNING CRIMINAL LIABILITIES RELATED TO  GRATUITIES
 AND BRIBES;
   III.  EXAMPLES OF CONDUCT THAT WOULD CONSTITUTE GRATUITIES AND BRIBES;
 AND
   IV. INFORMATION CONCERNING EMPLOYEES' DUTIES TO REPORT ALLEGATIONS  OF
 BRIBERY AND CORRUPTION TO THE DEPARTMENT OF INVESTIGATION OF THE CITY OF
 NEW YORK.
   B.  SUCH  PROCUREMENT CORRUPTION PREVENTION TRAINING SHALL BE PROVIDED
 TO ALL INDIVIDUALS WITH THE RESPECTIVE TITLES IDENTIFIED IN PARAGRAPH  D
 OF SUBDIVISION TWO OF THIS SECTION ON AN ANNUAL BASIS.
   4.  AN  AUTHORITY  SHALL  PROVIDE  THE INDIVIDUALS WITH THE RESPECTIVE
 TITLES IDENTIFIED IN PARAGRAPH D OF SUBDIVISION TWO OF THIS SECTION,  IN
 WRITING  IN ENGLISH AND IN THE LANGUAGE IDENTIFIED BY EACH INDIVIDUAL AS
 THE PRIMARY LANGUAGE OF SUCH INDIVIDUAL, AT THE TIME OF  HIRING  AND  AT
 EVERY  ANNUAL PROCUREMENT CORRUPTION PREVENTION TRAINING PROVIDED PURSU-
 ANT TO SUBDIVISION THREE OF THIS SECTION,  A  COMPLIANT  ADVISORY  ALERT
 CONTAINING  THE  INFORMATION  PRESENTED  AT SUCH AUTHORITY'S PROCUREMENT
 CORRUPTION PREVENTION TRAINING PROGRAM AND AN ACKNOWLEDGEMENT  FORM  FOR
 SUCH  INDIVIDUALS  TO  SIGN STATING THAT THEY HAVE READ, UNDERSTOOD, AND
 AGREE TO COMPLY WITH THE COMPLIANCE ADVISORY ALERT.
   5. EVERY OFFICER EMPLOYEE OF AN AUTHORITY IN A CITY WITH A  POPULATION
 OVER ONE MILLION SHALL HAVE AN AFFIRMATIVE OBLIGATION TO REPORT, DIRECT-
 LY  AND  WITHOUT  UNDUE DELAY, TO THE DEPARTMENT OF INVESTIGATION OF THE
 CITY OF NEW YORK ANY AND ALL INFORMATION CONCERNING CONDUCT  WHICH  THEY
 KNOW  OR  SHOULD  REASONABLY  KNOW  TO INVOLVE CORRUPT OR OTHER CRIMINAL
 ACTIVITY OR CONFLICT OF INTEREST:
   A. BY ANOTHER AUTHORITY OFFICER  OR  EMPLOYEE,  WHICH  CONCERNS  THEIR
 OFFICE OR EMPLOYMENT; OR
   B.  BY  PERSONS DEALING WITH THE AUTHORITY, WHICH CONCERNS THEIR DEAL-
 INGS WITH THE AUTHORITY. THE KNOWING FAILURE OF ANY OFFICER OR  EMPLOYEE
 TO  REPORT  AS  REQUIRED  IN THIS SUBDIVISION SHALL CONSTITUTE CAUSE FOR
 REMOVAL FROM OFFICE OR EMPLOYMENT OR OTHER APPROPRIATE PENALTY.
   6. AN AUTHORITY IN A CITY WITH A POPULATION OVER ONE MILLION UTILIZING
 A PRE-QUALIFIED LIST OF BIDDERS FOR CONTRACTS SUBJECT  TO  THIS  SECTION
 SHALL REQUIRE ALL VENDORS ON THE PRE-QUALIFIED LIST TO ATTEND A TRAINING
 PROGRAM  DEVELOPED  IN CONSULTATION WITH THE DEPARTMENT OF INVESTIGATION
 OF THE CITY OF NEW YORK PRIOR TO BEING PLACED ON THE PRE-QUALIFIED LIST.
   A. SUCH TRAINING PROGRAM SHALL BE INTERACTIVE AND INCLUDE:
   I. INFORMATION ABOUT THE AUTHORITY'S INTERNAL POLICIES AND  PROCEDURES
 GOVERNING  ALL  PROCUREMENTS  OF MATERIALS, SUPPLIES, AND SERVICES WHICH
 ARE NOT REQUIRED TO BE MADE PURSUANT TO THE SEALED BID  REQUIREMENTS  OF
 SECTION ONE HUNDRED FIFTY-ONE OF THIS ARTICLE OR OF ANY OTHER GENERAL OR
 SPECIAL LAW;
   II.  INFORMATION  CONCERNING THE FEDERAL, STATE, AND LOCAL STATUES AND
 REGULATIONS RELATED TO GRATUITIES AND BRIBES;
   III. INFORMATION CONCERNING CRIMINAL LIABILITIES RELATED TO GRATUITIES
 AND BRIBES;
 S. 9800                             3
 
   IV. EXAMPLES OF CONDUCT THAT WOULD CONSTITUTE GRATUITIES  AND  BRIBES;
 AND
   V.  INFORMATION  REGARDING  THE VENDOR'S RESPONSIBILITIES RELATED TO A
 CONTRACT.
   B. UPON COMPLETION OF THE TRAINING PROGRAM  IN  PARAGRAPH  A  OF  THIS
 SUBDIVISION, VENDORS SHALL SUBMIT TO THE AUTHORITY A SIGNED ACKNOWLEDGE-
 MENT  FORM STATING: "I ACKNOWLEDGE AND UNDERSTAND THAT OFFERING, GIVING,
 AND/OR ACCEPTING BRIBES, GRATUITIES, AND/OR GIFTS IS A CRIMINAL  OFFENCE
 UNDER FEDERAL AND NEW YORK STATE LAW".
   7.  WITHIN  NINETY  DAYS  OF  THE  EFFECTIVE  DATE OF THIS SECTION, AN
 AUTHORITY SHALL ESTABLISH A SCHEDULE OF REASONABLE COSTS FOR THE FIFTEEN
 MOST COMMON SERVICE REQUESTS, INCLUSIVE OF RELATED MATERIALS, WHICH  ARE
 NOT REQUIRED BY SECTION ONE HUNDRED FIFTY-ONE OF THIS ARTICLE TO BE MADE
 ON  SEALED BIDS. SUCH SCHEDULE OF REASONABLE COSTS SHALL BE BASED ON THE
 TYPE OF SERVICES AND RELATED MATERIALS. ANY  CONTRACT  SUBJECT  TO  THIS
 SUBDIVISION  WHERE  THE  COST  EXCEEDS  THE SCHEDULE OF REASONABLE COSTS
 SHALL INCLUDE A WRITTEN EXPLANATION FOR THE ADDITIONAL COST. SUCH SCHED-
 ULE OF REASONABLE COSTS SHALL BE UPDATED ANNUALLY.
   8. AN AUTHORITY SHALL DISPLAY SIGNAGE AT DEVELOPMENTS AND OFFICES IN A
 CONSPICUOUS  PLACE  ACCESSIBLE  TO  EMPLOYEES  STATING  THE   FOLLOWING:
 "OFFERING,  GIVING, AND/OR ACCEPTING BRIBES, GRATUITIES, AND/OR GIFTS IS
 A CRIMINAL OFFENCE UNDER FEDERAL AND NEW YORK STATE LAW".
   9. THE QUALITY ASSURANCE AND COMPLIANCE DEPARTMENTS  OF  AN  AUTHORITY
 SHALL  CONDUCT  SEMIANNUAL  AUDITS  OF  THE  CONTRACTS  SUBJECT  TO THIS
 SECTION. SUCH AUDITS SHALL INCLUDE BUT  NOT  BE  LIMITED  TO  THE  TOTAL
 NUMBER  OF  TRANSACTIONS,  THE AVERAGE CONTRACT COST, THE FREQUENCY WITH
 WHICH SPECIFIC VENDORS PERFORM WORK, RECORDKEEPING, AND COMPLIANCE  WITH
 THIS  SECTION.  THE  FINDINGS OF SUCH AUDITS SHALL BE POSTED PUBLICLY ON
 THE WEBSITE OF THE AUTHORITY.
   10. AN AUTHORITY IN A CITY WITH A POPULATION OVER  ONE  MILLION  SHALL
 REPORT  ANY IRREGULARITIES RELATED TO CONTRACTS FOR MATERIALS, SUPPLIES,
 OR SERVICES TO THE DEPARTMENT OF INVESTIGATION OF THE CITY OF NEW YORK.
   11. THIS SECTION SHALL APPLY TO ANY AUTHORITY LOCATED IN A CITY WITH A
 POPULATION OVER ONE MILLION.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.