S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10286
 
                           I N  A S S E M B L Y
 
                               May 17, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
   thal) -- read once and referred to the Committee on Housing
 
 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
   D. IDENTIFY THE RESPECTIVE TITLES  RESPONSIBLE  FOR  PURCHASING.  SUCH
 INFORMATION SHALL BE UPDATED BIENNIALLY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15657-02-4
 A. 10286                            2
 
   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;
   IV.  EXAMPLES  OF CONDUCT THAT WOULD CONSTITUTE GRATUITIES AND BRIBES;
 AND
 A. 10286                            3
 
   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.