N.Y. Economic Development Law § 144: Exemptions

§ 144. Exemptions. 1. The provisions of this article shall not apply

to:

(a) Procurement contracts, which the comptroller exempts pursuant to

the procedures contained in subdivision two of this section, awarded on

an emergency or critical basis, or on the basis that publication is not

feasible, provided, however, that no exemption shall be granted for any

contracts, except for contracts awarded on an emergency or critical

basis, for which competitive bidding is required by law;

(b) Procurement contracts being re-bid or re-solicited for

substantially the same goods or services, within forty-five business

days after the date bids or proposals were originally due;

(c) Procurement contracts awarded pursuant to section one hundred

seventy-five, one hundred seventy-five-a, one hundred seventy-five-b or

one hundred seventy-five-c of the state finance law;

(d) Procurement contracts in an amount less than ten thousand dollars

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

New York; and

(e) Procurement contracts awarded to not-for-profit providers of human

services pursuant to a non-competitive selection process.

2. Any exemption requested for a procurement contract described in

paragraph (a) of subdivision one of this section may be granted in

accordance with the following procedure:

(a) Any agency, which shall not include those public benefit

corporations or public authorities whose contracts and payments are not

approved and pre-audited by the comptroller, may request an exemption

from the comptroller. The request shall, unless an emergency exists, be

in writing and state the nature of the contract and reasons for the

exemption. The comptroller may accept an oral request for an exemption

in an emergency, provided the agency agrees to submit to the comptroller

a written request immediately thereafter.

(b) The comptroller shall, as soon as practicable, determine whether

an agency's request for an exemption is granted or denied. The

comptroller may inform an agency of the decision orally and shall

provide an agency with a written determination granting or denying the

request for an exemption.

(c) The comptroller shall be responsible for granting or denying an

exemption for each individual procurement contract unless the

comptroller determines, by regulation, that a specific class of

procurement contracts should be exempt.

(d) The comptroller shall, after consultation with the commissioner,

promulgate regulations or guidelines to implement the provisions of this

subdivision.

(e) Notwithstanding the foregoing, any agency receiving an exemption

for a procurement contract in accordance with this subdivision must

nevertheless publish notice of either the letting or award of the

contract, and the reasons for any such exemption, in the procurement

opportunities newsletter as soon as practicable, unless the comptroller

determines that publication would affect the ability of (i) law

enforcement agencies to carry out investigations, or (ii) agencies to

protect security operations, in which case notice of such contract shall

not be published. In the case of non-competitive awards, such notice

shall also state the recipient of the contract, a brief description of

the purpose of the contract, the contract term, and the estimated value.