2023 New York Laws › COM - Economic Development Law › Article 4-C - Procurement Opportunities Newsletter › 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.