N.Y. Economic Development Law § 142: Procurement opportunities newsletter

§ 142. Procurement opportunities newsletter. 1. The commissioner shall

publish on a daily basis a procurement opportunities newsletter, which

shall contain notices of procurement contract opportunities and any

other information the commissioner deems necessary to effectuate the

purposes of this article. Notices of procurement contract opportunities

shall be available on the internet for at least fifteen days.

2. Notices of procurement contract opportunities shall mean:

(a) for procurement contracts to be awarded by the office of general

services, (i) a description of the centralized commodity contracting

program of such office and an explanation of how to apply for placement

on any prequalified bidders list established as part of such program;

(ii) a description of the centralized construction contracting program

of such office and an explanation of how to subscribe to any bid notice

publication established as part of such program; and (iii) for all other

procurement contracts awarded by the office, the provisions of paragraph

(c) of this subdivision shall apply.

(b) for procurement contracts in excess of ten thousand dollars and

less than fifty thousand dollars to be awarded by the state university

of New York or the city university of New York, (i) a quarterly listing

of projected procurement purchases by commodity for each institution of

the state university of New York or the city university of New York;

(ii) an explanation of how to apply for placement on any bidder lists

maintained by the state university of New York or the city university of

New York; and (iii) a description of procedures for providing advance

notification by mail to individuals or business entities on such bidder

lists of any request for proposals, in accordance with rules and

regulations promulgated by the state university or the city university;

and

(c) for all other procurement contracts issued by agencies (i) the

name of the contracting agency; (ii) the contract identification number;

(iii) a brief description of the goods or services sought, the location

where goods are to be delivered or services provided and the contract

term; (iv) the address where bids or proposals are to be submitted; (v)

the date when bids or proposals are due; (vi) a description of any

eligibility or qualification requirement or preference; (vii) a

statement as to whether the contract requirements may be fulfilled by a

subcontracting, joint venture, or co-production arrangement; (viii) any

other information deemed useful to potential contractors; (ix) the name,

address, and telephone number of the person to be contacted for

additional information; (x) a statement as to whether the goods or

services sought had in the immediately preceding three year period been

supplied by a foreign business enterprise; and (xi) the name of any

individual or business enterprise that has been awarded an identical or

substantially similar procurement contract as determined by the

contracting agency, within the past five years; provided, however, that

in the case of multiple award contracts only, the contracting agency may

provide a link to a publicly accessible website listing the information

required pursuant to this subparagraph. Such link shall be exclusive to

each multiple award contract.

3. The commissioner shall provide for electronic publication, updated

daily, accessible at no charge to the general public and may set

subscription rates for enhanced access services, including, but not

limited to, automated notification of bid opportunities based upon the

amounts estimated to be necessary to defray the expenses of preparing,

publishing, marketing and distributing the procurement opportunities

newsletter. In addition, the commissioner shall immediately make

available, upon request, a printed copy of all notices from the date of

such request and the fifteen days preceding, and if requested, make

available on a weekly basis, the procurement opportunities newsletter,

at a subscription rate determined by the commissioner based upon an

estimated expense of producing and distributing such printed copy.

4. The commissioner may publish in the procurement opportunities

newsletter (a) notices of procurement opportunities originating from

political subdivisions of the state or business enterprises, and (b)

notices from government or potential government contractors seeking

subcontractors and suppliers, in such form and manner as the

commissioner shall determine. The commissioner may charge a fee for the

publication of such notices of procurement opportunities based upon the

amounts estimated to be necessary to defray the expenses of preparing,

publishing, marketing and distributing such additional notices of

procurement opportunities.

5. In addition to any other notice of procurement contract

opportunities required in this section, for procurement contracts in the

amount of two hundred thousand dollars or more to be awarded by all

state agencies, each agency shall prepare for inclusion in the

procurement opportunities newsletter (a) a semi-annual listing of

projected procurement purchases by category; (b) an explanation of how

to apply for placement on any bidder list maintained by the agency; and

(c) a description of procedures for providing advance notification by

mail to individuals or business entities on such bidder lists of any

request for proposals, in accordance with rules and regulations

promulgated by the agency. The commissioner, in consultation with each

agency, shall arrange a schedule for each agency's semi-annual listing.

6. The commissioner shall include in the procurement opportunities

newsletter the procurement contract award information submitted by

agencies pursuant to subdivision three of section one hundred

forty-three of this article.

7. Upon receipt of an announcement that an agency has entered into a

contract, as provided in subdivision five of section one hundred

forty-three of this article, the commissioner shall publish such

announcement in the procurement opportunities newsletter. The

announcement shall identify the contract, specify the date of the award

of the contract and provide the name and contact information for each

recipient of the contract.