§ 33-03 Sponsor Selection.
RCNY § 33-03
(a)General. This Article sets forth procedures for the selection of Sponsors for Projects. Such determinations shall be made by the Agency, in accordance with the procedures set forth herein, for the purposes of ascertaining whether a potential Sponsor meets the requirements of a Project and applicable Laws, achieving the City Housing Goals, and protecting the best interests of the City. The Agency may select a Sponsor for a Project by any method permitted by Law which it determines will best meet the Project's objectives and the City Housing Goals, including, but not limited to, direct negotiation, RFQ, RFP, competitive bidding, public bidding, auction, selection by entities other than the Agency, and application. For Projects involving privately owned Sites, notwithstanding any provision of these Rules to the contrary, the Sponsor and Site may be selected together by any such method and the Agency may consider the characteristics of the Site in addition to any other selection criteria.
(b)Direct Negotiation. Where the Agency deems it to be necessary or desirable, a Sponsor may be selected for a Project without any competitive process. In such event, the Agency may, prior to taking any Agency Activity with respect to such Project, prepare a written statement signed by the Commissioner setting forth the reasons why a more competitive process was not appropriate or desirable. Such statement, if any, shall thereafter be placed with the records concerning the Project which are retained by the Agency and shall be kept on file in accordance with the Agency's usual record retention policies.
(c)RFQ. Where the Agency deems it to be necessary or desirable, a Sponsor may be selected for a Project via an RFQ. The RFQ shall describe the Project and/or Program, the Site, the selection process, and such other matters as the Agency deems to be relevant.
(1)Issuance. The Agency may issue RFQs for Projects at any time it deems appropriate and desirable.
(2)Distribution.
(i)Notice. At such time as the Agency issues an RFQ for a Project, the Agency may place advertisements in The City Record and/or such other publications as the Agency shall deem appropriate. The Agency may also mail copies of such advertisement to potential Applicants, including, but not limited to, Applicants who have done prior business with the Agency or who have requested to be on a mailing list for such purpose. The advertisement shall include, at a minimum, a short description of the Project or Program, the place a copy of the RFQ can be obtained and the fee, if any, therefor, and the deadline for submission of qualification statements and the fee, if any, therefor.
(ii)Availability. A copy of the RFQ shall be made available to all potential Applicants prior to the submission deadline. The Agency shall require all recipients of any RFQ to identify themselves and shall cause a list of recipients to be maintained, which list shall in no event be furnished to any non-governmental party prior to the conclusion of the selection process. The Agency may charge a fee, in an amount to be determined by the Agency, for a copy of the RFQ.
(iii)Amendments. The Agency may issue amendments to the RFQ at any time prior to the submission deadline. The Agency shall provide copies of such amendments to all recipients of the RFQ.
(3)Public Information.
(4)Submissions.
(5)Selection.
(6)Limitations.
(7)Rights Retained by Agency. Where it is deemed by the Agency to be in the best interests of the City: (i) The Agency may withdraw any RFQ in whole or in part at any time.
(iv)The Agency may negotiate with one or more Applicants who have submitted qualification statements pursuant to an RFQ, and may negotiate with parties which have not responded to the RFQ.
(v)The Agency may negotiate and dispose of any Site on terms other than those set forth in the RFQ.
(d)RFP. Where the Agency deems it to be necessary or desirable, a Sponsor may be selected for a Project via an RFP. The RFP shall describe the Project and/or Program, the Site, the selection process, and such other matters as the Agency deems to be relevant. Where a potential Sponsor has previously submitted a proposal and the Agency has issued an RFP soliciting additional proposals to compete with such proposal, such RFP shall contain a copy or summary of such proposal and shall set forth in detail the standards by which the competition shall be judged.
(e)Competitive Bidding. Where the Agency deems it to be feasible and desirable, a Sponsor may be selected for a Project via competitive bidding without public advertisement.
(f)Public Bidding. Where the Agency deems it to be feasible and desirable, a Sponsor may be selected for a Project via public bidding.
(g)Auctions. Where the Agency deems it to be feasible and desirable, a Sponsor may be selected for a Project via auction.
(h)Non-Agency Selection. The Agency may select an Applicant to be the Sponsor of a Project without any Agency selection process where such Applicant has already been selected or designated by (i) the Agency in connection with any Project or Program, (ii) another agency or instrumentality of the City, (iii) any agency or instrumentality of the state or federal government, (iv) any public authority, public benefit corporation, or other quasi-governmental entity, or (v) any other entity designated by the Agency to perform such selection. Notwithstanding anything to the contrary in the preceding sentence or elsewhere in these Rules, the Agency shall only select a Sponsor pursuant to this 28 RCNY § 33-03(h) where the Agency deems such method of selection to be necessary or desirable, and the Agency shall not be required to select any Applicant solely because such Applicant has been selected by any other entity.
(j)Application. Where and at such time as the Agency deems it to be necessary or desirable, a Sponsor may be selected for a Project via an application process.
