NY Econ Dev L § 144 (2021)
2021 New York Laws COM - Economic Development Law Article 4-C - Procurement Opportunities Newsletter 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.