N.Y. Comp. Codes R. & Regs. tit. 17 § 39.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 39.2 - Notice of opportunities

(a) Prior to the awarding of any contract for the acquisition of goods or services of any kind, other than employment in the civil service, in the actual or estimated amount of $5,000 or more financed by monies received by the State from the sale of bonds and/or notes pursuant to the Accelerated Capacity and Transportation Improvements of the Nineties Bond Act, the department shall submit to the Commissioner of Economic Development information sufficient to enable publication of the notices of procurement contract opportunities in the Procurement Opportunities Newsletter. Such information shall be submitted in sufficient time to allow a minimum of 15 business days between publication of such notice and the date on which a bid or proposal is due, except where a shorter period is specifically authorized by law.

(b) The department shall not award a procurement contract so financed unless a notice of a procurement contract opportunity had been published in the Procurement Opportunities Newsletter or unless such procurement contract is exempted from the requirements for such publication, as hereinafter set forth.

(c) The provisions of this section shall not apply to:

(1) procurement contracts awarded on an emergency or critical need basis;

(2) procurement contracts being re-bid or re-solicited for substantially the same goods or services within 45 business days after the date bids or proposals were originally due;

(3) procurement contracts awarded pursuant to section 175, 175-a, 175-b, or 175-c of the State Finance Law;

(4) procurement contracts awarded to not-for-profit providers of human services.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 39.2