2023 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.