Item 2 - Resolution - 2330 - CUCF Procurement Board Resolution

Transcription

Item # 2Resolution No. 2330June 25, 2020RESOLUTION OF THE CITY UNIVERSITY CONSTRUCTION FUNDAPPROVING THE ANNUAL REPORT ON PROCUREMENT CONTRACTS ANDTHE AMENDED AND RESTATED GUIDELINES FOR PROCUREMENTCONTRACTSWHEREAS, the City University Construction Fund (the “CUCF”) is a public benefitcorporation established pursuant to Article 125-B of the State Education Law (§62706283); andWHEREAS, pursuant to Section 2879 of the New York Public Authorities Law, everypublic benefit corporation is required to adopt, by resolution, comprehensiveguidelines which detail the corporation's operative policy and instructions regardingthe use, awarding, monitoring and reporting of procurement contracts; andWHEREAS, pursuant to Section 2879 of the Public Authorities Law, these guidelinesmust be annually reviewed and approved by every such corporation.NOW, THEREFORE, BE IT:RESOLVED, that CUCF’s Board of Trustees hereby approves and adopts theAnnual Report on Procurement Contracts of CUCF for the Fiscal Year ending June30, 2019, attached as Exhibit 1 to this Resolution; andRESOLVED, that CUCF’s Board of Trustees hereby approves and adopts CUCF’sAmended and Restated Guidelines for Procurement Contracts, as last amended andrestated by CUCF on June 1, 2020 and attached as Exhibit 2 to this Resolution.EXPLANATION: The 2019 Annual Report on Procurement Contracts reflects theprocurement activity of CUCF during the prior fiscal year, July 1, 2018 through June30, 2019. The Guidelines, which have been in effect since September 1991 and wereamended as of January 29, 1998, October 14, 2008 and June 10, 2014, and lastamended on June 23, 2016, set forth the operative policy and instructions of the Fundregarding the use, awarding, monitoring, and reporting of procurement contracts.They were last reviewed, amended and approved by the Trustees on June 27, 2019(No. 2290).The undersigned hereby certifies that (i) the foregoing is a true and correct copy of theresolution adopted at the regular meeting of the Trustees of the City UniversityConstruction Fund held on June 25, 2020; (ii) at such meeting, a quorum of Trustees waspresent; (iii) the resolution was adopted by the affirmative vote of not less than fourTrustees present at such meeting; and (iv) the resolution has not been amended orrescinded since the date of adoption.Date: June 25, 2020John Antonelli, Deputy Executive Director

Highlighted Firms are M/WBE FirmsFY 2019 M/WBE Participation - 31.09%6/18/20206:29 PMCity University Construction FundFY 2019 Annual Report on Procurement ContractsExhibit # aruchBaruchBaruchBMCCBMCCBMCCBMCCBMCCBMCCBMCCBronx CCBronx CCBronx CCBronx CCBronx CCBronx CCBronx oject NameAllen & Mary Aaronson Student CenterField BuildingField BuildingField BuildingField BuildingField BuildingField BuildingITB Cooling Towers 4&5NVC and ITB Condensate Receiver TanksStudent Computer Lab70 Murray St. 2nd & 3rd Floor ExpansionADA Bathroom 199 ChambersADA Bathroom 199 ChambersADA Bathroom 199 ChambersPhysical Master Plan ConsultantsWindow InstallationWindow InstallationBliss Hall Bathroom RenovationBronx CC Campus Wide Fire AlarmBronx ExpressDominican War Veterans MemorialMeister Stem LabNichols Building ADA RampRoof Restorations for Gould Memorial LibraryADA Upgrade to Lecture HallADA Upgrade to Lecture HallADA Upgrade to Lecture HallADA Upgrade to Lecture HallCampus Wide Security & Fire SystemsGeology Lab RenovationIngersoll Hall Laboratory RenovationIngersoll Hall Laboratory RenovationIngersoll Hall Laboratory RenovationMultiple Lecture HallPerforming Arts CenterPerforming Arts CenterSteiner StudiosSteiner StudiosSteiner StudiosSteiner StudiosSteiner StudiosSteiner StudiosSteiner StudiosSteiner StudiosASRC Retro CommissioningVarious Buildings Fire Alarm System UpgradeBuilding 2M Renovation Phase 2Campus Wide Emergency GeneratorComputational CenterVarious Buildings Fire Alarm System UpgradeCUNY FirstData Center RelocationVendorTDX Construction CorporationC.J. Brown Energy, P.C.Davis Brody Bond LLPEmtec Consultants, Professional Engineers, PLLCEnTech Engineering, PC.LiRo Program and Construction Management, P.C.Siemens Industry Inc.H2M Architects & EngineersWendel WDVanguard Construction & Development Co Inc.Resnick 255 Greenwich, LLCGilbane Building CompanyGraf & Lewent Architects, LLPUrban Engineers of New York, P.C.Mitchell Giurgola Architects, LLPOlympic Contracting Corp.Quality Control Laboratories, LLCH2M Architects & EngineersSiemens Industry Inc.Dattner Architects, D.P.CSaratoga AssociatesGraf & Lewent Architects, LLPLi Saltzman Architects PCBeyer Blinder Belle Architects & Planners LLPEmtec Consultants, Professional Engineers, PLLCEpic Management, Inc.Graf & Lewent Architects, LLPYu & AssociatesJohnson Controls, Inc.Michielli Wyetzner ArchitectsLiRo Program and Construction Management, P.C.Mitchell Giurgola Architects, LLPYu & AssociatesIkon 5 Architects, LLCHill International, Inc.Pfeiffer Partners Architects Inc. P.C.Abel Cine Tech Inc.Alto Music of Orange County, Inc.Arri, Inc.Avid Technology, Inc.B&H Photo-VideoBarbizon ElectricBoxx TechnologiesVintage King Studio, Inc.Siemens Industry Inc.Siemens Industry Inc.STV Construction, Inc.O'Brien & Gere Engineers, IncO'Brien & Gere Engineers, IncJohnson Controls, Inc.SyscomEpic Management, Inc.CityNew YorkBuffaloNew YorkRonkonkomaNew YorkSyossetFlorham ParkMelvilleHauppaugeBridgewaterNew YorkNew YorkJamaicaNew YorkNew YorkBrooklynWoodsideMelvilleFlorham ParkNew YorkNew YorkJamaicaNew YorkNew YorkRonkonkomaNew YorkJamaicaElmwood ParkHasbrouck HtsNew YorkSyossetNew YorkElmwood ParkPrincetonNew YorkNew YorkBrooklynMiddletownBlauveltNew YorkNew YorkNew YorkAustinFerndaleFlorham ParkFlorham ParkNew YorkLiverpoolLiverpoolHasbrouck HtsBaltimoreNew 1309013090076042120210018Selection ProcessRFP- Task OrderDASNYRequest For ProposalRFP- Task OrderRFP- Task OrderRequest For ProposalNYS-OGSRFP- Task OrderRFP- Task OrderCompetitive Sealed BidSingle Source ( a )RFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderCompetitive Sealed BidRFP- Task OrderRFP- Task OrderNYS-OGSRFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderNYS-OGSRFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderRequest For ProposalRequest For ProposalRFQ & CSB ( b )RFQ & CSB ( b )RFQ & CSB ( b )RFQ & CSB ( b )RFQ & CSB ( b )RFQ & CSB ( b )RFQ & CSB ( b )RFQ & CSB ( b )NYS-OGSNYS-OGSRFP- Task OrderRequest For ProposalRFP- Task OrderNYS-OGSSingle Source ( c )RFP- Task OrderProject Value 5,332,549.46 252,295.00 12,369,764.00 232,400.00 119,960.00 166,326,027.00 980,423.69 113,006.00 41,320.00 1,420,515.00 4,114,687.34 12,619,863.08 558,432.00 172,175.00 249,684.99 683,000.00 43,922.00 80,005.00 4,762,351.17 99,746.00 47,992.00 56,130.00 70,568.21 413,539.00 58,100.00 9,174,485.42 179,695.00 69,222.00 12,786,000.00 145,000.00 22,729,516.00 1,598,794.00 191,239.00 163,816.00 69,086,736.00 7,793,248.00 3,700.00 3,629.95 142,668.00 1,705.50 323,149.56 52,656.50 77,152.50 19,740.96 2,403,871.00 1,338,585.49 6,191,394.00 111,092.00 595,593.00 304,004.00 928,477.00 20,144,810.00New Contractin FY 2019****Payment Amount 510,034.05 54,694.82 811,557.41 185,050.00 21,404.50 25,038,702.50 1,067,991.74 68,735.48 1,201.00 123,378.37 4,114,687.34 6,377,190.29 251,603.91 17,935.50 54,327.55 375,730.37 16,100.00 78,329.28 1,314,552.97 607,072.13 38,810.34 57,800.91 28,345.50 218,689.97 4,900.00 5,646,028.94 71,105.47 8,859.83 362,063.39 63,326.02 9,054,674.12 10,233.85 83,328.30 52,266.34 2,050,368.76 4,427.78 3,700.00 3,629.95 142,668.00 1,705.50 323,149.56 52,656.50 77,152.50 19,740.96 856,480.40 56,695.00 1,339,584.54 22,949.00 120,389.00 74,004.00 3,370.43 2,918,456.26

Highlighted Firms are M/WBE FirmsFY 2019 M/WBE Participation - stos CCHostos CCHostos CCHostos HunterKingsborough CCKingsborough CCKingsborough CCKingsborough CCLaGuardia LehmanMedgar EversMedgar EversMedgar EversMedgar ject NameData Center RelocationEducational Technology IIVarious Buildings Fire Alarm System UpgradeHonors Fire Alarm UpgradeRooftop HVAC ReplacementAir Handling UnitsFranchise Bridge InspectionSavoy Building Roof ReplacementSavoy Building Roof ReplacementAir Handling Unit ReplacementChiller ReplacementGlass Box AdditionHunter Lab Renovation 2014Hunter Lab Renovation 2014MSK Foundation DewateringStudent Union RenovationStudent Union RenovationStudent Union RenovationBursar Office RenovationPerforming Arts RenovationStudent Conference CenterU&P Buildings Fire Alarm UpgradesLibrary Expansion Phase IIBookstore RelocationChild Care CenterConcert Hall AdditionDepartment of Social WorkLabs Round IIILabs Round IIILovinger Theater ADA ComplianceNursing Education CenterTeaching & Learning CommonsADA Bathroom & Athletic CenterBedford Ave. Site ReconstructionBedford Building Roof ReplacementSecurity Camera SystemNamm Cooling SystemNamm Hall Heat Exchangers ReplacementNew Academic BuildingNew Academic BuildingNew Academic BuildingNew Academic BuildingADA Bathroom Phase IICampus Wide Security System Phase IFitzgerald Gym FloorOutdoor Athletic FieldQueens ADA BathroomRazran Hall Lab RenovationRemsen & SB Environmental LabsSteam Pipe ReplacementVarious Buildings Fire Alarm System UpgradeAir Conditioning IT ClosetsAir Conditioning IT Closets6/18/20206:29 PMCity University Construction FundFY 2019 Annual Report on Procurement ContractsVendorPennoni Engineering and Surveying of New York, PCEllucian Company L.P.Jacob Feinberg Katz & Michaeli Consulting Group LLCSiemens Industry Inc.LiRo Program and Construction Management, P.C.Dewberry Engineers Inc.SuperstructuresExpedite Construction Management Services Inc.SuperstructuresTrane US Inc.Trane US Inc.Dattner Architects, D.P.CTDX Construction CorporationTwin Peaks, Inc.Turner Construction CompanyCalvert Wright Architecture PCTDX Construction CorporationEmtec Consultants, Professional Engineers, PLLCGraf & Lewent Architects, LLPStephen Yablon Architects PLLCMichielli Wyetzner ArchitectsSiemens Industry Inc.Michielli Wyetzner ArchitectsIkon 5 Architects, LLCAxis Construction Corp.Michielli Wyetzner ArchitectsStephen Yablon Architects PLLCGraf & Lewent Architects, LLPLiRo Program and Construction Management, P.C.Donald Blair ArchitectsUrbahn Architects PLLCCurtis Ginsberg Architects LLPStephen Yablon Architects PLLCSWA/BalsleySuperstructuresA Technology & Security SolutionsTrane US Inc.Trane US Inc.Emtec Consultants, Professional Engineers, PLLCF.J. Sciame Construction Co., Inc.Genesys Engineering P.C.Perkins Eastman Architects, PCMichielli Wyetzner ArchitectsJohnson Controls, Inc.STV Construction, Inc.Perkins Eastman Architects, PCMichielli Wyetzner ArchitectsGraf & Lewent Architects, LLPPerkins Eastman Architects, PCSyska Hennessy GroupSimplex GrinnellSiemens Industry Inc.Urban Engineers of New York, P.C.CityPhiladelphiaChicagoNew YorkFlorham ParkSyossetNew YorkNew YorkNew YorkNew YorkLong Island CityLong Island CityNew YorkNew YorkLong Island CityNew YorkNew YorkNew YorkRonkonkomaJamaicaNew YorkNew YorkFlorham ParkNew YorkPrincetonHauppaugeNew YorkNew YorkJamaicaSyossetNew YorkNew YorkNew YorkNew YorkNew YorkNew YorkBayshoreLong Island CityLong Island CityRonkonkomaNew YorkPelhamNew YorkNew YorkHasbrouck HtsNew YorkNew YorkNew YorkJamaicaNew YorkNew YorkNew YorkFlorham ParkNew 001114321000310118100180793210121Selection ProcessRFP- Task OrderSingle Source ( d )RFP- Task OrderNYS-OGSRFP- Task OrderRFP- Task OrderRFP- Task OrderCompetitive Sealed BidRFP- Task OrderNYS-OGSNYS-OGSRFP- Task OrderRFP- Task OrderCompetitive Sealed BidSingle Source ( e )Single Source ( f )RFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderNYS-OGSRFP- Task OrderRFP- Task OrderCompetitive Sealed BidRFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderRequest For ProposalRFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderDASNYNYS-OGSNYS-OGSRFP- Task OrderRequest For ProposalDASNYSingle Source ( g )RFP- Task OrderNYS-OGSRFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderRFP- Task OrderNYS-OGSNYS-OGSRFP- Task OrderProject Value 24,530.00 764,414.00 109,760.00 48,120.00 1,270,000.00 239,076.00 23,600.00 1,092,000.00 129,891.00 1,024,146.73 497,923.52 321,425.00 4,934,976.00 9,850,000.00 5,796,812.00 135,789.00 2,450,000.00 34,600.00 87,862.00 547,565.00 165,000.00 2,582,109.61 107,800.00 350,000.00 6,077,700.00 445,000.00 380,654.00 400,989.48 3,613,467.00 255,484.83 2,906,850.28 430,575.00 1,065,846.00 461,580.13 155,846.00 2,764,393.54 119,654.81 490,105.78 1,003,950.00 297,433,231.00 299,500.00 15,308,825.00 164,200.00 728,125.00 3,253,055.30 555,296.00 107,800.00 485,585.36 290,385.97 245,000.00 1,026,443.52 897,688.48 44,540.00New Contractin FY 2019*********Payment Amount 4,236.00 70,994.21 148,960.00 13,952.50 6,394.14 19,554.29 16,757.51 170,682.70 4,086.59 79,843.42 14,858.24 57,668.65 440,210.27 5,400.00 47,726.15 80,812.59 2,076,496.04 1,500.00 6,688.22 149,635.49 2,500.00 1,660,259.22 33,838.53 40,853.85 130,501.00 28,021.25 49,713.58 92,981.67 3,380,033.77 49,155.82 1,307,682.89 186,629.49 310,662.24 45,847.38 136,906.51 594,673.94 105,359.57 23,380.29 363,200.00 13,672,304.13 102,833.36 368,830.13 50,501.17 377,082.24 516,286.94 457,297.46 5,907.00 69,364.61 23,618.98 11,283.30 73,150.00 681,804.05 2,585.00

Highlighted Firms are M/WBE FirmsFY 2019 M/WBE Participation - 31.09%CampusYorkYorkQueensborough CCQueensborough CCQueensborough CCCUNY LawSchool of ProfessionalStudiesGrand Total6/18/20206:29 PMCity University Construction FundFY 2019 Annual Report on Procurement ContractsProject NameScience Building Fire Alarm UpgradeScience Building Retro CommissioningPurchase CloverdalePurchase CloverdaleQCC Fire Alarm Phase IILaw HVACVendorJohnson Controls, Inc.Siemens Industry Inc.Newmark Knight FrankLiberty Land AbstractJohnson Controls, Inc.Cushman & Wakefield, Inc.Lobby WorkUnited Enterprises 116 LLCCityHasbrouck HtsFlorham ParkNew YorkBaysideHasbrouck HtsNew 0104Selection ProcessNYS-OGSNYS-OGSSingle Source ( h )Single Source ( i )NYS-OGSSingle Source ( j )New YorkNY10022Single Source ( k )Project Value 223,591.21 875,587.58 6,500.00 1,722.00 51,500.00NANew Contractin FY 2019 425,654.88(a) Resnick 255 Greenwich, LLC holds the lease for the site of this program.(b) Includes multiple purchases.(c )The CUNY First system includes a new student information system for processing student records. Student records begin with processing of large numbers of application document images. These document images are critical to theapplication/admissions process and ongoing student information needs. The current application image processing workflows must be revised and modified to properly integrate and work in conjunction with the CUNY First system. Syscom iscurrently responsible for administering the existing system and has developed highly specialized knowledge of the University’s admission process. Syscom’s understanding of the existing systems, environment, and workflows makes themuniquely qualified to complete the required work in the most efficient, cost effective manner.( d ) Ellucian Degree Works is the University Academic Advisement System in effect since 2004 to provide information on degree requirements, course progression and degree completionrates to over 20,000 students within the CUNY system. For CUNY to maximize the benefit from the application, its new functions, and be able to implement future releases,this upgrade and consulting services are critical.( e ) Turner Laborers and Site Safety Managers have been serving this MSK building since 2014 and continuity and cost as well as Local 79 Labor requirements were deemed sufficiently significant to retaining Turner.( f ) Calvert Wright Architecture was selected as uniquely qualified to perform the required sevices having worked on the development of the program and the schematic design.( g ) Perkins Eastman was part of the team of the original developer chosen through a competitive process for a project which initially included an academic component and aresidential tower. For 2.5 years Perkins Eastman worked on the development of the program and the pre-schematic and schematic design phases of the project. When CUNYterminated its partnership with the developer and limited the project to only the academic component, it was determined that Perkins Eastman's understanding of the program andtheir involvement in the previous design made them uniquely qualified to continue development of the project in the most expeditious and efficient manner available.( h ) Appraisal services for the Cloverdale Boulevard (Jewish Center) Bayside, Queens acquisition.( i ) Title search and related services for the Cloverdale Boulevard (Jewish Center) Bayside, Queens acquisition.( j ) Cushman and Wakefield manages the building containing the Law School and there was a requirement by the condominium to use them.( k) United Enterprises 116 LLC holds the lease for the site of this program and the lobby expansion and IT Room upgrades were done as a one time amendment to the lease.Payment Amount 60,704.05 110,528.62 6,500.00 1,722.00 18,287.50 87,425.29 133,167.67 93,651,681.84

CITY UNIVERSITY CONSTRUCTION FUNDGUIDELINES FOR PROCUREMENT CONTRACTS(as amended through June 1, 2020)Section A.IntroductionThese Guidelines set forth the operative policy and instructions of the City UniversityConstruction Fund (the "Fund") regarding the use, award, monitoring, and reporting ofProcurement Contracts in the actual or estimated amount of 5,000 or more.These Guidelines are intended to satisfy the requirements of Section 2879 of the New York StatePublic Authorities Law and to provide an internal and administrative policy for the Fund's trustees,officers and employees. These Guidelines do not provide third parties with any rights or remedies.Section B. Definitions1. “Construction Management/Build (CM/Build) Contract” means a Procurement Contractpursuant to which the Fund hires a construction management firm to manage the overallconstruction project and to bid and hold each underlying contract for materials, labor andservices related to the construction of the project. The Fund may employ a CM/BuildContract only when the estimated cost of construction 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 orpursuant to a delegation of powers or duties to one or more of its trustees, officers, agentsor employees as may be permitted by Section 6274 of the New York State EducationLaw.4.“Job Order Contract” (JOC) means a Procurement Contract resulting from acompetitive 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 touse on specified projects to repair, maintain and upgrade CUNY facilities; the lowestresponsible bidder shall bid the lowest ‘adjustment factor’ by which the Fund willmultiply the fixed unit prices established by the catalog; the contract amount shall be theproduct of the ‘adjustment factor’ times the catalog prices for the materials and servicesthat the Fund identifies for use on all of each individual project covered by the contractdocuments.5. "Minority Business Enterprise" and a “Women-Owned Business Enterprise” shall havethe meanings set forth in Section 2879 of the Public Authorities Law of the State of NewYork 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 ofany kind or for construction, or any combination of these. The term does not include anyagreement for employment in the civil services or by the Research Foundation of the City1

University of New York. “Procurement Contractors” means any counter-party to aProcurement Contract with the Fund.Section C.Selection of Procurement Contractors and Award and Board Review ofProcurement Contracts1. Selection PolicyConsistent with these Guidelines, the Fund shall select Procurement Contractors in amanner that (a) is fair and efficient, (b) seeks high quality goods, services, and/orconstruction at reasonable prices, and (c) satisfies state law in providing an opportunity forMinority Business Enterprises and Women-Owned Enterprises to compete for ProcurementContracts so as to facilitate the awarding of a fair share of such contracts to suchenterprises.2. Selection MechanismsThe Fund shall use the following mechanisms to select Procurement Contractors forspecified goods, services, interests in real estate and/or construction:(a) Competitive Bids. The Fund may solicit fixed-price bids and may award theProcurement Contract to a responsible bidder primarily on the basis of the lowestprice.(b) Request for Proposals. The Fund may solicit specific proposals and award theProcurement Contract on the basis of an evaluation of the characteristics, qualityand 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 ProcurementContract under the circumstances and subject to the conditions set forth below.Negotiations may be preceded by preliminary discussions to explore thefeasibility of the procurement. A Negotiated Procurement may be used incombination with a Request for Proposals.(i) In the case of a Procurement Contract for goods, services and/orconstruction, the Fund may negotiate with at least three vendors (or, incompelling circumstances, with fewer vendors) and award a ProcurementContract on terms that serve the best interests of the Fund where it is notpractical and/or advantageous to make an award by Competitive Bids orRequest for Proposals because (A) the constraints of a time-sensitiverequire a prompt selection and award, such the need to comply with acourt order, to secure funding or avoid the loss of funding or to cure thedefault or unavailability of an existing contractor; (B) there is a limitednumber of vendors available and able to perform the work; (C) an existingcontract needs to be extended beyond the contractually stipulated term andextensions; and (D) there is a compelling need to use an existingcontractor to perform additional work or a later phase of a project.(ii) In the case of a contract for the acquisition of an interest in or the2

development of real property, the Fund may negotiate with one or morevendors and award a Procurement Contract in the best interests of theFund.(d) Single Source. When the Executive Director determines that there is only a singleresponsible source for any goods, services, interests in real estate and/orconstruction required by the Fund, the Fund may award a ProcurementContract without competitive procedures. A record setting forth thecircumstances under which any such contract was let shall be provided in theannual report of the Fund prepared for the year in which the contract is let.(e) Emergency. In the event of an emergency involving danger to life or property orother unforeseen occurrences requiring immediate action that cannot await thecompletion of other procurement mechanisms, the Executive Director may award aProcurement Contract without competitive procedures. For any suchProcurement Contract involving an actual or estimated expense of 10,000 ormore, the Executive Director shall, prior to executing the contract, notify fourTrustees of the Fund of the nature and circumstances of the emergency andobtain their approval as to the aware. The Executive Director shall present areport of the award of such an emergency contract as an information item at thenext regularly scheduled meeting of the Board of Trustees. A record settingforth the circumstances under which any such emergency contract was awardedshall be provided in the annual report of the Fund prepared for the year in whichthe contract is awarded.(f) Contracts Procured by Government Entities. The Fund may award aProcurement Contract through existing contracts awarded by governmententities, i.e., the State of New York, including any authority or public benefitcorporation of the State of New York , the City of New York, including theDepartment of Education, or the Federal Government, provided that theProcurement Contract contains material terms, including price, that aresubstantially the same as or more favorable than the material terms of thecontract with the government entity.(g) Procurement Cards (P-Cards). The Executive Director shall be permitted toutilize Procurement Cards, a flexible, convenient and efficient means ofprocessing payments for one-time and recurring monthly purchases, for paymentof reasonable out-of-pocket expenses incurred in the performance of the dutiesof that office, such as subscriptions, parking lot fees, E-Z Pass tolls andtelecommunication charges.(h) Discretionary Purchasing. In accordance with Section 2879 of the New YorkState Public Authorities Law, the Fund may use its discretion in the selection ofvendors to compete for Procurement Contracts for goods, services, includingarchitectural services and engineering services, and/or construction, as follows:i.Eligibility to compete for such Procurement Contracts may be limited bythe Fund to those vendors Certified as Minority-Owned BusinessEnterprises or Women-Owned Business Enterprises by Empire StateDevelopment’s Division of Minority and Women’s Business Developmentor Certified as Service-Disabled Veteran-Owned Businesses by the New3

York State Office of General Services Division of Service-DisabledVeterans’ Business Development. This is to provide an opportunity forsuch entities to compete for Procurement Contracts so as to facilitate theawarding by the Fund of a fair share of such Procurement Contracts tosuch entities, consistent with State law and these Guidelines.ii.The total value of a Procurement Contract awarded to an eligible vendorunder CUCF’s Discretionary Purchasing authority cannot exceed 500,000.iii.Except as otherwise provided in this Section, all other provisions of theseGuidelines remain in effect.(i) Other Mechanisms Approved by the Fund's Board. The Fund may use any otherprocurement mechanism the Board of Trustees shall deem appropriate.3. Advertisement Requirements for Competitive Selection MechanismsThe solicitation of bids, proposals or submissions for a Procurement Contract shall be madeby the Fund in a manner determined by the Executive Director to be the most cost-effectivefor providing reasonable competition for the Fund's procurement contracts. This mayinclude advertisement in appropriate newspapers or trade journals, direct mailings and suchother outreach mechanisms as are consistent with the policy of these Guidelines withrespect to firms considered by the Executive Director to be qualified, including, withoutlimitation, Minority Business Enterprises and Women-Owned Business Enterprises.(a) Procurement Opportunities Newsletter. The Executive Director may solicitbids or proposals by placing a listing in the New York State Contract Reporter,or any other official listing of bidding opportunities established under Article 4C of the Economic Development Law or comparable statutes. Any such listingshall be made in conformity with the rules and requirements established by theresponsible agency, such as New York State Department of EconomicDevelopment, Division for Small Business, that are in effect at the time thelisting is to be made.(b) General Contents of Solicitations. Except as otherwise required (forexample, by the applicable rules of the Department of EconomicDevelopment referred to in item (a) above), each solicitation by the Fundshall include: (i) the name of the Fund, (ii) a description of the goods,services, and/or construction sought, the location where goods are to bedelivered or services and/or construction are to be provided and the contract term,(iii) the address where bids or proposals are to be submitted, (iv) thedate when such bids or proposals are due, (v) a description of any eligibilityrequirement or preference and (vi) any other information that the ExecutiveDirector deems useful.(c) Antidiscrimination Language in Fund Solicitations. All solicitations of bidsor proposals for any procurement contract shall contain or make reference tothe following:4

(i) The contractor will not discriminate against employees or applicantsfor employment because of race, creed, color, national origin, sex, sexualorientation

Highlighted Firms are M/WBE Firms FY 2019 M/WBE Participation - 31.09% City University Construction Fund FY 2019 Annual Report on Procurement Contracts