LBD07080-02-7
S. 3984 2
contained within such Part is set forth in the last section of such
Part. Any provision in any section contained within a Part, including
the effective date of the Part, which makes a reference to a section "of
this act," when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Part in
which it is found. Section three of this act sets forth the general
effective date of this act.
PART A
Section 1. Paragraph (a) of subdivision 2 of section 112 of the state
finance law, as amended by section 18 of part L of chapter 55 of the
laws of 2012, is amended to read as follows:
(a) Before any contract made for or by any state agency, department,
board, officer, commission, or institution, except the office of general
services, shall be executed or become effective, whenever such contract
exceeds fifty thousand dollars in amount and before any contract made
for or by the office of general services shall be executed or become
effective, whenever such contract exceeds eighty-five thousand dollars
in amount, it shall first be approved by the comptroller and filed in
his or her office, [with the exception of contracts established as a
centralized contract through the office of general services and purchase
orders or other procurement transactions issued under such centralized
contracts. The] PROVIDED, HOWEVER, THAT THE comptroller shall make a
final written determination with respect to approval of such contract
within ninety days of the submission of such contract to his or her
office unless the comptroller shall notify, in writing, the state agen-
cy, department, board, officer, commission, or institution, prior to the
expiration of the ninety day period, and for good cause, of the need for
an extension of not more than fifteen days, or a reasonable period of
time agreed to by such state agency, department, board, officer, commis-
sion, or institution and provided, further, that such written determi-
nation or extension shall be made part of the procurement record pursu-
ant to paragraph f of subdivision one of section one hundred sixty-three
of this chapter.
§ 2. Subdivisions 5 and 6 of section 355 of the education law, as
amended by section 1 of subpart B of part D of chapter 58 of the laws of
2011, paragraph a of subdivision 5 as amended by section 31 of part L of
chapter 55 of the laws of 2012, are amended to read as follows:
5. Notwithstanding the provisions of subdivision two of section one
hundred twelve and sections one hundred fifteen, one hundred sixty-one,
and one hundred sixty-three of the state finance law and sections three
and six of the New York state printing and public documents law or any
other law to the contrary, the state university trustees are authorized
and empowered to:
a. (i) purchase materials, proprietary electronic information
resources including but not limited to academic, professional, and
industry journals, reference handbooks and manuals, research tracking
tools, indexes and abstracts, equipment and supplies, including computer
equipment and motor vehicles, WHERE THE AMOUNT FOR A SINGLE PURCHASE
DOES NOT EXCEED FIFTY THOUSAND DOLLARS, (ii) execute contracts for
SERVICES AND construction [and construction-related services] contracts
TO AN AMOUNT NOT EXCEEDING FIFTY THOUSAND DOLLARS, and (iii) contract
for printing TO AN AMOUNT NOT EXCEEDING FIFTY THOUSAND DOLLARS, without
prior approval by any other state officer or agency, but subject to
rules and regulations OR GUIDELINES of the state comptroller not other-
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wise inconsistent with the provisions of this section and in accordance
with guidelines promulgated by the state university board of trustees
after consultation with the state comptroller. IN ADDITION, THE TRUS-
TEES, AFTER CONSULTATION WITH THE COMMISSIONER OF GENERAL SERVICES, ARE
AUTHORIZED TO ANNUALLY NEGOTIATE WITH THE STATE COMPTROLLER INCREASES IN
THE AFOREMENTIONED DOLLAR LIMITS AND THE EXEMPTION OF ANY ARTICLES,
CATEGORIES OF ARTICLES OR COMMODITIES FROM THESE LIMITS. GUIDELINES
PROMULGATED BY THE STATE UNIVERSITY BOARD OF TRUSTEES SHALL, TO THE
EXTENT PRACTICABLE, REQUIRE THAT COMPETITIVE PROPOSALS BE SOLICITED FOR
PURCHASES, AND SHALL INCLUDE REQUIREMENTS THAT PURCHASES AND CONTRACTS
AUTHORIZED UNDER THIS SECTION BE AT THE LOWEST AVAILABLE PRICE, INCLUD-
ING CONSIDERATION OF PRICES AVAILABLE THROUGH OTHER STATE AGENCIES,
CONSISTENT WITH QUALITY REQUIREMENTS, AND AS WILL BEST PROMOTE THE
PUBLIC INTEREST. SUCH PURCHASES MAY BE MADE DIRECTLY FROM ANY CONTRACTOR
PURSUANT TO ANY CONTRACT FOR COMMODITIES LET BY THE OFFICE OF GENERAL
SERVICES OR ANY OTHER STATE AGENCY;
[a-1. execute contracts for services to an amount not exceeding twenty
thousand dollars without prior approval by any other state officer or
agency, but subject to rules and regulations of the state comptroller
not otherwise inconsistent with the provisions of this section and in
accordance with the guidelines promulgated by the state university board
of trustees after consultation with the state comptroller. In addition,
the trustees, after consultation with the commissioner of general
services, are authorized to annually negotiate with the state comp-
troller increases in the aforementioned dollar limits and the exemption
of any services or categories of services from these limits;]
b. to establish cash advance accounts for the purpose of purchasing
materials, supplies, or services, for cash advances for travel expenses
and per diem allowances, or for advance payment of wages and salary. The
account may be used to purchase such materials, supplies, or services
where the amount of a single purchase does not exceed [one thousand] TWO
HUNDRED FIFTY dollars, in accordance with such guidelines as shall be
prescribed by the state university trustees after consultation with the
state comptroller;
c. establish guidelines in consultation with the commissioner of
general services authorizing participation by the state university in
programs administered by the office of general services for the purchase
of available New York state food products. The commissioner of general
services shall provide assistance to the state university necessary to
enable the university to participate in these programs;
d. award contract extensions for campus transportation without compet-
itive bidding where such contracts were secured either through compet-
itive bidding or through evaluation of proposals IN RESPONSE TO A
REQUEST FOR PROPOSALS, however such extensions may be rejected if the
amount to be paid to the contractor in any year of such proposed exten-
sion fails to reflect any decrease in the regional consumer price index
for the New York, New York-Northeastern, New Jersey area, based upon the
index for all urban consumers (CPI-U) during the preceding twelve-month
period. At the time of any contract extension, consideration shall be
given to any competitive proposal offered by a public transportation
agency. Such contract may be increased for each year of the contract
extension by an amount not to exceed the regional consumer price index
increase for the New York, New York-Northeastern, New Jersey area, based
upon the index for all urban consumers (CPI-U), during the preceding
twelve-month period, provided it has been satisfactorily established by
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the contractor that there has been at least an equivalent increase in
the amount of his cost of operation, during the period of the contract.
[e. guidelines promulgated by the state university board of trustees
shall, to the extent practicable, require that competitive proposals be
solicited for purchases, and shall include requirements that purchases
and contracts authorized under this section be at the lowest available
price, including consideration of prices available through other state
agencies, consistent with quality requirements, and as will best promote
the public interest. Such purchases may be made directly from any
contractor pursuant to any contract for commodities let by the office of
general services or any other state agency.]
6. To enter into any contract or agreement deemed necessary or advis-
able after consultation with appropriate state agencies for carrying out
the objects and purposes of state university without prior review or
approval by any state officer or agency other than the state comptroller
and the attorney general including contracts with non-profit corpo-
rations organized by officers, employees, alumni or students of state
university for the furtherance of its ACADEMIC objects and purposes.
Contracts or agreements entered into with the federal government to
enable participation in federal student loan programs, including any and
all instruments required thereunder, shall not be subject to the
requirements of section forty-one of the state finance law; provided,
however, that the state shall not be liable for any portion of any
defaults which it has agreed to assume pursuant to any such agreement in
an amount in excess of money appropriated or otherwise lawfully avail-
able therefor at the time the liability for payment arises. [The forego-
ing notwithstanding, any contract made for or by the state university
for the purchase of: (i) materials, equipment and supplies, including
computer equipment; (ii) motor vehicles; (iii) construction and
construction-related services contracts; and (iv) printing shall not be
subject to prior approval by any other state officer or agency.]
§ 3. Paragraph b of subdivision 16 of section 355 of the education
law, as amended by section 1 of subpart C of part D of chapter 58 of the
laws of 2011, is amended to read as follows:
b. Notwithstanding the provisions of subdivision two of section one
hundred twelve of the state finance law[,] RELATING TO THE DOLLAR THRES-
HOLD REQUIRING THE COMPTROLLER'S APPROVAL OF CONTRACTS, subdivision six
of section one hundred sixty-three of the state finance law [and section
sixty-three of the executive law (i)] authorize contracts for the
purchase of goods for state university health care facilities [without
prior approval by any other state officer or agency,] including
contracts for joint or group purchasing arrangements of goods, in
accordance with procedures and requirements found in paragraph a of
subdivision five of this section[, and (ii) authorize contracts for
services] which do not exceed seventy-five thousand dollars [without
prior approval by any other state officer or agency in accordance with
procedures and requirements found in paragraph a of subdivision five of
this section]. Contracts authorized pursuant to this paragraph shall be
subject to article fourteen of the civil service law and the applicable
provisions of agreements between the state and employee organizations
pursuant to article fourteen of the civil service law.
The trustees are authorized to negotiate annually with the state comp-
troller increases in the aforementioned dollar limits.
§ 4. Subdivision 12 of section 373 of the education law, as amended by
section 2 of subpart A of part D of chapter 58 of the laws of 2011, is
amended to read as follows:
S. 3984 5
12. To procure and execute contracts, lease agreements, and all other
instruments necessary or convenient for the exercise of its corporate
powers and the fulfillment of its corporate purposes under this article.
[Notwithstanding subdivision two of section one hundred twelve of the
state finance law or any other law to the contrary, fund procurements
shall not be subject to the prior approval of any state officer or agen-
cy;]
§ 5. Subdivisions a and a-1 of section 6218 of the education law,
subdivision a as amended and subdivision a-1 as added by section 2 of
subpart B of part D of chapter 58 of the laws of 2011, subparagraph (i)
of paragraph 1 of subdivision a as amended by section 33 of part L of
chapter 55 of the laws of 2012, are amended to read as follows:
a. Notwithstanding the provisions of subdivision two of section one
hundred twelve and sections one hundred fifteen, one hundred sixty-one
and one hundred sixty-three of the state finance law and sections three
and six of the New York state printing and public documents law or any
other law to the contrary, the city university is authorized and
empowered to:
[(1)] (i) purchase materials; proprietary electronic information
resources, including, but not limited to, academic, professional and
industry journals, reference handbooks and manuals, research tracking
tools, indexes and abstracts; and equipment and supplies, including
computer equipment and motor vehicles, WHERE THE AMOUNT FOR A SINGLE
PURCHASE DOES NOT EXCEED FIFTY THOUSAND DOLLARS, (ii) execute contracts
for [construction and construction-related services contracts] SERVICES
TO AN AMOUNT NOT EXCEEDING FIFTY THOUSAND DOLLARS, and (iii) contract
for printing TO AN AMOUNT NOT EXCEEDING FIFTY THOUSAND DOLLARS, without
prior approval by any other state officer or agency, but subject to
rules and regulations OR GUIDELINES of the state comptroller not other-
wise inconsistent with the provisions of this section and in accordance
with the guidelines promulgated by the city university board of trustees
after consultation with the state comptroller. IN ADDITION, THE TRUS-
TEES ARE AUTHORIZED TO ANNUALLY NEGOTIATE WITH THE STATE COMPTROLLER
INCREASES IN THE AFOREMENTIONED DOLLAR LIMITS AND THE EXEMPTION OF ANY
ARTICLES, CATEGORIES OF ARTICLES OR COMMODITIES FROM THESE LIMITS.
GUIDELINES PROMULGATED BY THE CITY UNIVERSITY BOARD OF TRUSTEES SHALL,
TO THE EXTENT PRACTICABLE, REQUIRE THAT COMPETITIVE PROPOSALS BE SOLIC-
ITED FOR PURCHASES, AND SHALL INCLUDE REQUIREMENTS THAT PURCHASES AND
CONTRACTS AUTHORIZED UNDER THIS SECTION BE AT THE LOWEST POSSIBLE PRICE.
[(2) execute contracts for services to an amount not exceeding twenty
thousand dollars without prior approval by any other state officer or
agency, but subject to rules and regulations of the state comptroller
not otherwise inconsistent with the provisions of this section and in
accordance with the guidelines promulgated by the city university board
of trustees after consultation with the state comptroller. In addition,
the trustees, after consultation with the commissioner of general
services, are authorized to annually negotiate with the state comp-
troller increases in the aforementioned dollar limits and the exemption
of any services or categories of services from these limits.
a-1. Guidelines promulgated by the city university board of trustees
shall, to the extent practicable, require that competitive proposals be
solicited for purchases, and shall include requirements that purchases
and contracts authorized under this section be at the lowest available
price.]
§ 6. Section 6283 of the education law is REPEALED.
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§ 7. This act shall take effect immediately; provided, however, that
the amendments to subdivisions 5 and 6 and paragraph b of subdivision 16
of section 355, subdivision 12 of section 373, and subdivisions a and
a-1 of section 6218 of the education law made by sections two, three,
four and five of this act shall not affect the expiration of such
provisions pursuant to section 4 of subpart B of part D of chapter 58 of
the laws of 2011, as amended, and shall be deemed to expire therewith.
PART B
Section 1. Subdivision 1 of section 2879 of the public authorities
law, as amended by chapter 564 of the laws of 1988, is amended to read
as follows:
1. Every public authority and public benefit corporation, a majority
of the members of which consist of persons either appointed by the
governor or who serve as members by virtue of holding a civil office of
the state, or a combination thereof, (such entities to be hereinafter in
this section referred to as "corporation") shall adopt by resolution
comprehensive guidelines CONSISTENT WITH THE METHODS OF EVALUATING BIDS
AND PROPOSALS AND AWARDING OF CONTRACTS AUTHORIZED BY SECTIONS ONE
HUNDRED THIRTY-SIX-A, ONE HUNDRED SIXTY-THREE AND ONE HUNDRED SIXTY-
THREE-A OF THE STATE FINANCE LAW AND SUBDIVISION SIX OF SECTION EIGHT OF
THE PUBLIC BUILDINGS LAW, UNLESS EXPRESSLY AUTHORIZED OTHERWISE BY LAW,
which detail the corporation's operative policy and instructions regard-
ing the use, awarding, monitoring and reporting of procurement
contracts. Guidelines approved by the corporation shall be annually
reviewed and approved by the corporation.
§ 2. This act shall take effect immediately.
PART C
Section 1. The public authorities law is amended by adding a new
section 2882 to read as follows:
§ 2882. THIRD PARTY CONTRACTING PROHIBITED. 1. NO STATE AUTHORITY
SHALL ENTER INTO A CONTRACT OR AGREEMENT OR EXTEND AN EXISTING CONTRACT
OR AGREEMENT WITH ANOTHER ENTITY, UNLESS AUTHORIZED BY SPECIAL ACT OF
THE LEGISLATURE, (I) WHERE THE EXCLUSIVE OR PRIMARY ROLE OF SUCH ENTITY
UNDER THE CONTRACT OR AGREEMENT IS TO PROCURE GOODS OR SERVICES OF ANY
KIND, INCLUDING, BUT NOT LIMITED TO, PUBLIC WORK, CONSTRUCTION, ALTER-
ATIONS, OR IMPROVEMENTS TO PUBLIC FACILITIES, GRANT CONTRACTS, EMPLOY-
MENT CONTRACTS, REVENUE OR CONCESSION CONTRACTS, THE EXCHANGE OF
PERSONAL OR REAL PROPERTY, THE EXCHANGE OF SERVICES, OR ANY COMBINATION
THEREOF THROUGH A CONTRACT OR AGREEMENT WITH A THIRD PARTY AND (II)
WHERE SUCH ENTITY IS ACTING AS A PROCUREMENT CONDUIT, RATHER THAN BEING
DIRECTLY RESPONSIBLE FOR THE GOODS OR SERVICES.
2. THE COMPTROLLER MAY PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE
NECESSARY TO ENFORCE THIS SECTION, INCLUDING THE STANDARDS FOR DETERMIN-
ING WHETHER A CONTRACT IS PROHIBITED BY THIS SECTION.
§ 2. This act shall take effect immediately and shall apply to
contracts entered into on and after such date.
PART D
Section 1. The state finance law is amended by adding a new section
148 to read as follows:
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§ 148. COMPTROLLER APPROVAL OF THE RESEARCH FOUNDATION OF THE STATE
UNIVERSITY OF NEW YORK CONTRACTS. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, BEFORE ANY CONTRACT MADE FOR OR BY THE RESEARCH FOUNDATION OF THE
STATE UNIVERSITY OF NEW YORK WHICH IS TO BE PAID IN WHOLE OR IN PART
FROM MONIES APPROPRIATED OR ASSIGNED BY THE STATE SHALL BE EXECUTED OR
BECOME EFFECTIVE, WHENEVER SUCH CONTRACT EXCEEDS ONE MILLION DOLLARS IN
AMOUNT, IT SHALL FIRST BE APPROVED BY THE STATE COMPTROLLER AND FILED IN
HIS OR HER OFFICE. THE COMPTROLLER SHALL MAKE A FINAL WRITTEN DETERMI-
NATION WITH RESPECT TO APPROVAL OF SUCH CONTRACT WITHIN NINETY DAYS OF
THE SUBMISSION OF SUCH CONTRACT TO HIS OR HER OFFICE UNLESS THE COMP-
TROLLER SHALL NOTIFY, IN WRITING, THE RESEARCH FOUNDATION OF THE STATE
UNIVERSITY OF NEW YORK PRIOR TO THE EXPIRATION OF THE NINETY DAY PERIOD,
AND FOR GOOD CAUSE, OF THE NEED FOR AN EXTENSION OF NOT MORE THAN
FIFTEEN DAYS, OR A REASONABLE PERIOD OF TIME AGREED TO BY THE RESEARCH
FOUNDATION OF THE STATE UNIVERSITY OF NEW YORK AND PROVIDED, FURTHER,
THAT SUCH WRITTEN DETERMINATION OR EXTENSION SHALL BE MADE PART OF THE
PROCUREMENT RECORD.
§ 2. This act shall take effect immediately and shall apply to
contracts entered into on and after such date.
PART E
Section 1. Section 139-b of the state finance law is amended by adding
two new subdivisions 3 and 4 to read as follows:
3. A STATE CONTRACTOR MAY BE DISQUALIFIED FROM SELLING TO OR SUBMIT-
TING BIDS TO OR RECEIVING AWARDS FROM OR ENTERING INTO ANY CONTRACTS
WITH THE STATE OR ANY PUBLIC DEPARTMENT, AGENCY OR OFFICIAL THEREOF, OR
ANY STATE AUTHORITY, AS SUCH TERM IS DEFINED IN SECTION TWO OF THE
PUBLIC AUTHORITIES LAW, FOR GOODS, WORK OR SERVICES, FOR A KNOWING AND
WILLFUL FAILURE BY A PRINCIPAL TO TIMELY DISCLOSE TO THE CONTRACTING
STATE ENTITY CREDIBLE EVIDENCE OF FRAUD, CONFLICT OF INTEREST, UNDUE
INFLUENCE OR DURESS, IN CONNECTION WITH THE AWARD OR PERFORMANCE OF A
STATE CONTRACT.
4. THE OFFICE OF GENERAL SERVICES, UPON BEING NOTIFIED BY A CONTRACT-
ING STATE ENTITY OF A POTENTIAL VIOLATION OF SUBDIVISION THREE OF THIS
SECTION, SHALL NOTIFY THE STATE CONTRACTOR THAT SUFFICIENT CAUSE EXISTS
TO BELIEVE SUCH POTENTIAL VIOLATION HAS OCCURRED AND SHALL PROVIDE THE
STATE CONTRACTOR AN OPPORTUNITY TO BE HEARD IN RESPONSE. IN THE EVENT
THAT A FINAL DETERMINATION IS MADE THAT THERE HAS BEEN A KNOWING AND
WILLFUL VIOLATION BY THE STATE CONTRACTOR, SUCH FINAL DETERMINATION
SHALL BE PUBLISHED ON THE OFFICE OF GENERAL SERVICE'S WEBSITE AND SHALL
RESULT IN THE STATE CONTRACTOR BEING DISQUALIFIED FROM RECEIVING AWARDS
FROM OR ENTERING INTO ANY CONTRACTS WITH THE STATE OR ANY PUBLIC DEPART-
MENT, AGENCY OR OFFICIAL THEREOF, OR ANY STATE AUTHORITY, AS SUCH TERM
IS DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW, FOR GOODS, WORK
OR SERVICES FOR A PERIOD OF FIVE YEARS. ANY SUBSEQUENT VIOLATION OF
THIS SECTION WILL RESULT IN THE STATE CONTRACTOR BEING PERMANENTLY
DISQUALIFIED.
§ 2. The state finance law is amended by adding three new sections
139-l, 139-m and 139-n to read as follows:
§ 139-L. CONFLICTS OF INTEREST OF STATE OFFICERS AND EMPLOYEES IN
STATE PROCUREMENTS; PROHIBITED. (A) NO STATE OFFICER OR EMPLOYEE AS
DEFINED IN PUBLIC OFFICERS LAW SECTION SEVENTY-THREE SHALL:
1. HAVE ANY INTEREST, FINANCIAL OR OTHERWISE, DIRECT OR INDIRECT, IN
ANY CONTRACT OTHER THAN ONE PERMISSIBLE PURSUANT TO PARAGRAPH (A) OF
SUBDIVISION FOUR OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW; OR
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2. TAKE ANY ACTION OR OTHERWISE INVOLVE HIMSELF OR HERSELF IN ANY
ACTIVITY WHICH, PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR THE PUBLIC
OFFICERS LAW, WOULD BE DEEMED A CONFLICT OF INTEREST FOR A STATE OFFICER
OR EMPLOYEE THAT MAY REASONABLY BE EXPECTED TO IMPAIR THE OFFICER'S OR
EMPLOYEE'S INDEPENDENT JUDGMENT OR ABILITY TO ACT IMPARTIALLY AND IN THE
BEST INTEREST OF THE STATE, OR THAT MAY REASONABLY CREATE THE APPEARANCE
OF IMPROPRIETY THROUGH THE APPEARANCE OF FAVORITISM OR PREFERENTIAL
TREATMENT.
(B) IF SUCH CONFLICT OF INTEREST EXISTS, THE STATE OFFICER OR EMPLOYEE
MUST IMMEDIATELY RECUSE HIMSELF OR HERSELF IN WRITING FROM THE PROCURE-
MENT AND SUBMIT SUCH RECUSAL TO THE STATE AGENCY OFFICER IN CHARGE OF
PROCUREMENT AND CONTRACTING TO BE INCLUDED IN THE PROCUREMENT RECORD TO
THE STATE AGENCY'S ETHICS OFFICER, AND TO THE AGENCY HEAD.
§ 139-M. STATE OFFICER OR EMPLOYEE CERTIFICATION; NO UNDUE INFLUENCE.
EACH STATE OFFICER OR EMPLOYEE AS DEFINED IN PUBLIC OFFICERS LAW SECTION
SEVENTY-THREE OR STATE CONSULTANT WHO EXERCISED DISCRETION OR DECISION
MAKING IN HOW A STATE CONTRACT WAS ADVERTISED, HOW THE BIDS OR PROPOSALS
WERE EVALUATED, HOW THE CONTRACTOR WAS SELECTED, OR WHO SIGNED THE
CONTRACT FOR THE AGENCY, SHALL CERTIFY IN WRITING THAT NO UNDUE INFLU-
ENCE WAS EXERTED UPON HIM OR HER, AND THAT TO THE BEST OF HIS OR HER
KNOWLEDGE THAT THERE IS A REASONABLE BASIS TO BELIEVE THAT THE CONTRACT
WAS NOT PROCURED THROUGH FRAUD, DURESS OR UNDUE INFLUENCE. THE CERTIF-
ICATION SHALL BECOME PART OF THE PROCUREMENT RECORD.
§ 139-N. STATE CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (A)
DEFINITIONS. FOR PURPOSES OF THIS SECTION:
1. THE TERM "STATE CONTRACTOR" SHALL MEAN ANY INDIVIDUAL, ORGANIZA-
TION, CORPORATION, SOLE PROPRIETORSHIP, PARTNERSHIP, NONPROFIT, JOINT
VENTURE, ASSOCIATION, OR ANY COMBINATION THEREOF THAT IS PURSUING OR
CONDUCTING BUSINESS WITH AND/OR ON BEHALF OF A STATE AGENCY, INCLUDING,
WITHOUT LIMITATION, CONSULTANTS, SUPPLIERS, MANUFACTURERS, AND ANY OTHER
VENDORS, BIDDERS OR PROPOSERS.
2. THE TERM "STATE AGENCY" SHALL MEAN ANY STATE DEPARTMENT, OR DIVI-
SION, BOARD, COMMISSION, OR BUREAU OF ANY STATE DEPARTMENT.
(B) POLICY. STATE CONTRACTORS MUST CONDUCT THEMSELVES WITH THE HIGHEST
DEGREE OF INTEGRITY AND HONESTY. NO STATE CONTRACTOR SHOULD TAKE ACTION
TO VIOLATE OR CIRCUMVENT STATE PROCUREMENT OR ETHICS LAWS.
(C) STATE CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. RULE WITH
RESPECT TO CONFLICTS OF INTEREST. NO STATE CONTRACTOR SHOULD HAVE ANY
INTEREST, FINANCIAL OR OTHERWISE, DIRECT OR INDIRECT, OR ENGAGE IN ANY
BUSINESS OR TRANSACTION OR PROFESSIONAL ACTIVITY OR INCUR ANY OBLIGATION
OF ANY NATURE, WHICH IS IN SUBSTANTIAL CONFLICT WITH THE PROPER
EXECUTION OF DUTIES AND RESPONSIBILITIES UNDER THE STATE CONTRACT.
(D) STANDARDS. 1. NO STATE CONTRACTOR SHOULD ENGAGE IN ANY BUSINESS OR
PROFESSIONAL ACTIVITY WHICH WILL IMPAIR HIS OR HER INDEPENDENCE OF JUDG-
MENT IN THE EXERCISE OF DUTIES AND RESPONSIBILITIES UNDER THE STATE
CONTRACT.
2. NO STATE CONTRACTOR SHOULD ENGAGE IN ANY BUSINESS OR PROFESSIONAL
ACTIVITY WHICH WILL REQUIRE HIM OR HER TO DISCLOSE CONFIDENTIAL INFORMA-
TION ACQUIRED BY REASON OF PERFORMANCE OF DUTIES AND RESPONSIBILITIES
UNDER THE STATE CONTRACT NOR USE SUCH INFORMATION TO FURTHER HIS OR HER
PERSONAL INTERESTS.
3. NO STATE CONTRACTOR SHOULD ATTEMPT TO SECURE UNWARRANTED PRIVILEGES
OR EXEMPTIONS FOR HIMSELF OR HERSELF OR OTHERS, INCLUDING BUT NOT LIMIT-
ED TO, THE MISAPPROPRIATION TO HIMSELF, HERSELF OR TO OTHERS OF THE
PROPERTY, SERVICES OR OTHER RESOURCES OF THE STATE FOR PRIVATE BUSINESS
OR OTHER COMPENSATED NON-GOVERNMENTAL PURPOSES.
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4. NO STATE CONTRACTOR SHOULD ENGAGE IN ANY TRANSACTION WITH ANY BUSI-
NESS ENTITY IN WHICH HE OR SHE HAS A DIRECT OR INDIRECT FINANCIAL INTER-
EST THAT MIGHT REASONABLY TEND TO CONFLICT WITH THE PROPER DISCHARGE OF
HIS OR HER DUTIES AND RESPONSIBILITIES UNDER THE STATE CONTRACT.
5. A STATE CONTRACTOR SHOULD NOT BY HIS OR HER CONDUCT GIVE REASONABLE
BASIS FOR THE IMPRESSION THAT ANY PERSON CAN IMPROPERLY INFLUENCE HIM OR
HER OR UNDULY ENJOY HIS OR HER FAVOR IN THE PERFORMANCE OF HIS OR HER
OFFICIAL DUTIES UNDER THE CONTRACT, OR THAT HE OR SHE IS AFFECTED BY THE
KINSHIP, RANK, POSITION OR INFLUENCE OF ANY PARTY OR PERSON.
6. A STATE CONTRACTOR SHOULD ABSTAIN FROM MAKING PERSONAL INVESTMENTS
IN ENTERPRISES WHICH HE OR SHE HAS REASON TO BELIEVE MAY BE DIRECTLY
INVOLVED IN DECISIONS TO BE MADE BY HIM OR HER OR WHICH WILL OTHERWISE
CREATE SUBSTANTIAL CONFLICT BETWEEN HIS OR HER DUTY AND RESPONSIBILITIES
UNDER THE STATE CONTRACT AND HIS OR HER PRIVATE INTEREST.
7. A STATE CONTRACTOR SHOULD ENDEAVOR TO PURSUE A COURSE OF CONDUCT
WHICH WILL NOT RAISE SUSPICION THAT HE OR SHE IS LIKELY TO BE ENGAGED IN
ACTS IN VIOLATION OF STATE PROCUREMENT OR ETHICS LAWS.
(E) VIOLATIONS. IN ADDITION TO ANY PENALTY CONTAINED IN ANY OTHER
PROVISION OF LAW, A STATE AGENCY MAY, IN ITS DISCRETION, TERMINATE A
CONTRACT THAT WAS AWARDED IN VIOLATION OF THE REQUIREMENTS OF THIS
SECTION. ANY STATE CONTRACTOR WHO KNOWINGLY AND INTENTIONALLY VIOLATES
THE STATE CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT SHALL BE
SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED TEN THOUSAND
DOLLARS AND THE VALUE OF ANY BENEFIT RECEIVED AS A RESULT OF SUCH
VIOLATION.
§ 3. Article 1 of the public authorities law is amended by adding a
new title 3 to read as follows:
TITLE 3
ETHICAL STANDARDS FOR STATE AUTHORITIES AND STATE AUTHORITY CONTRACTORS
SECTION 10. CONFLICTS OF INTEREST OF STATE AUTHORITY BOARD MEMBERS,
OFFICERS AND EMPLOYEES IN AUTHORITY PROCUREMENTS; PROHIB-
ITED.
11. STATE AUTHORITY BOARD MEMBER, OFFICER AND EMPLOYEE CERTIF-
ICATION; NO UNDUE INFLUENCE
12. CODE OF BUSINESS ETHICS AND CONDUCT FOR STATE AUTHORITY
CONTRACTORS.
13. STATE AUTHORITY CONTRACTOR DISQUALIFICATION.
§ 10. CONFLICTS OF INTEREST OF STATE AUTHORITY BOARD MEMBERS, OFFICERS
AND EMPLOYEES IN AUTHORITY PROCUREMENTS; PROHIBITED. 1. NO STATE AUTHOR-
ITY BOARD MEMBER, OFFICER OR EMPLOYEE SHALL WITH RESPECT TO ANY STATE
CONTRACT OR STATE AUTHORITY CONTRACT:
(A) HAVE ANY INTEREST, FINANCIAL OR OTHERWISE, DIRECT OR INDIRECT, IN
ANY CONTRACT OTHER THAN ONE PERMISSIBLE PURSUANT TO PARAGRAPH (A) OF
SUBDIVISION FOUR OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW; OR
(B) TAKE ANY ACTION OR OTHERWISE INVOLVE HIMSELF OR HERSELF IN ANY
ACTIVITY WHICH, PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR THE PUBLIC
OFFICERS LAW, WOULD BE DEEMED A CONFLICT OF INTEREST THAT MAY REASONABLY
BE EXPECTED TO IMPAIR THE BOARD MEMBER'S, OFFICER'S OR EMPLOYEE'S INDE-
PENDENT JUDGMENT OR ABILITY TO ACT IMPARTIALLY AND IN THE BEST INTEREST
OF THE STATE AUTHORITY, OR THAT MAY REASONABLY CREATE THE APPEARANCE OF
IMPROPRIETY THROUGH THE APPEARANCE OF FAVORITISM OR PREFERENTIAL TREAT-
MENT.
2. IF SUCH CONFLICT OF INTEREST EXISTS, THE STATE AUTHORITY BOARD
MEMBER, OFFICER OR EMPLOYEE MUST IMMEDIATELY RECUSE HIMSELF OR HERSELF
IN WRITING AND SUBMIT SUCH RECUSAL TO THE STATE AUTHORITY'S ETHICS OFFI-
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CER AND ANY OFFICIAL OR COMMITTEE CHARGED WITH OVERSEEING ETHICAL
CONDUCT IN THE AUTHORITY, THE CHIEF EXECUTIVE OFFICIAL OF THE AUTHORITY
AND THE BOARD CHAIR, AS APPROPRIATE, THE APPOINTING OFFICIAL, AND THE
OFFICER IN CHARGE OF THE AUTHORITY'S PROCUREMENTS TO BE INCLUDED IN THE
STATE AUTHORITY'S PROCUREMENT RECORD. ANY STATE AUTHORITY BOARD MEMBER
WHO SUBMITS SUCH RECUSAL SHALL ALSO SUBMIT SUCH RECUSAL TO THE APPOINT-
ING OFFICIAL WITH RESPONSIBILITY FOR SUCH BOARD MEMBER'S APPOINTMENT
AND, IN THE CASE OF BOARD MEMBERS APPOINTED AT THE RECOMMENDATION OF
ANOTHER OFFICIAL, MUST ALSO SUBMIT SUCH RECUSAL TO THE RECOMMENDING
OFFICIAL.
§ 11. STATE AUTHORITY BOARD MEMBER, OFFICER OR EMPLOYEE CERTIFICATION;
NO UNDUE INFLUENCE. EACH STATE AUTHORITY BOARD MEMBER, OFFICER OR
EMPLOYEE WHO EXERCISED DISCRETION OR DECISION MAKING IN HOW A STATE
AUTHORITY CONTRACT WAS ADVERTISED, HOW THE BIDS OR PROPOSALS WERE EVALU-
ATED, HOW THE CONTRACTOR WAS SELECTED, OR WHO SIGNED THE CONTRACT FOR
THE STATE AUTHORITY, SHALL CERTIFY IN WRITING THAT NO UNDUE INFLUENCE
WAS EXERTED UPON HIM OR HER, AND THAT TO THE BEST OF HIS OR HER KNOW-
LEDGE THAT THERE IS A REASONABLE BASIS TO BELIEVE THAT THE CONTRACT WAS
NOT PROCURED THROUGH FRAUD, DURESS OR UNDUE INFLUENCE. THE CERTIFICATION
SHALL BECOME PART OF THE STATE AUTHORITY'S PROCUREMENT RECORD.
§ 12. CODE OF BUSINESS ETHICS AND CONDUCT FOR STATE AUTHORITY CONTRAC-
TORS. 1. POLICY. STATE AUTHORITY CONTRACTORS AND SUBCONTRACTORS MUST
CONDUCT THEMSELVES WITH THE HIGHEST DEGREE OF INTEGRITY AND HONESTY. NO
STATE AUTHORITY CONTRACTOR SHOULD TAKE ACTION TO VIOLATE OR CIRCUMVENT
STATE PROCUREMENT OR ETHICS LAWS. FOR PURPOSES OF THIS SECTION, THE TERM
"STATE AUTHORITY CONTRACTOR" SHALL MEAN ANY INDIVIDUAL, ORGANIZATION,
CORPORATION, SOLE PROPRIETORSHIP, PARTNERSHIP, NONPROFIT, JOINT VENTURE,
ASSOCIATION, OR ANY COMBINATION THEREOF THAT IS PURSUING OR CONDUCTING
BUSINESS WITH AND/OR ON BEHALF OF A STATE AUTHORITY, INCLUDING, WITHOUT
LIMITATION, CONSULTANTS, SUPPLIERS, MANUFACTURERS, AND ANY OTHER
VENDORS, BIDDERS OR PROPOSERS.
2. CODE OF BUSINESS ETHICS AND CONDUCT FOR STATE AUTHORITY CONTRAC-
TORS. RULE WITH RESPECT TO CONFLICTS OF INTEREST. NO STATE AUTHORITY
CONTRACTOR SHOULD HAVE ANY INTEREST, FINANCIAL OR OTHERWISE, DIRECT OR
INDIRECT, OR ENGAGE IN ANY BUSINESS OR TRANSACTION OR PROFESSIONAL
ACTIVITY OR INCUR ANY OBLIGATION OF ANY NATURE, WHICH IS IN SUBSTANTIAL
CONFLICT WITH THE PROPER EXECUTION OF DUTIES AND RESPONSIBILITIES UNDER
THE CONTRACT.
3. STANDARDS. (A) NO STATE AUTHORITY CONTRACTOR SHOULD ENGAGE IN ANY
BUSINESS OR PROFESSIONAL ACTIVITY WHICH WILL IMPAIR HIS OR HER INDEPEND-
ENCE OF JUDGMENT IN THE EXERCISE OF DUTIES AND RESPONSIBILITIES UNDER
THE CONTRACT.
(B) NO STATE AUTHORITY CONTRACTOR SHOULD ENGAGE IN ANY BUSINESS OR
PROFESSIONAL ACTIVITY WHICH WILL REQUIRE HIM OR HER TO DISCLOSE CONFI-
DENTIAL INFORMATION ACQUIRED BY REASON OF PERFORMANCE OF DUTIES AND
RESPONSIBILITIES UNDER THE CONTRACT, NOR USE SUCH INFORMATION TO FURTHER
HIS OR HER PERSONAL INTERESTS.
(C) NO STATE AUTHORITY CONTRACTOR SHOULD ATTEMPT TO SECURE UNWARRANTED
PRIVILEGES OR EXEMPTIONS FOR HIMSELF OR HERSELF OR OTHERS, INCLUDING BUT
NOT LIMITED TO, THE MISAPPROPRIATION TO HIMSELF, HERSELF OR TO OTHERS OF
THE PROPERTY, SERVICES OR OTHER RESOURCES OF THE STATE AUTHORITY FOR
PRIVATE BUSINESS OR OTHER COMPENSATED NON-GOVERNMENTAL PURPOSES.
(D) NO STATE AUTHORITY CONTRACTOR SHOULD ENGAGE IN ANY TRANSACTION
WITH ANY BUSINESS ENTITY IN WHICH HE OR SHE HAS A DIRECT OR INDIRECT
FINANCIAL INTEREST THAT MIGHT REASONABLY TEND TO CONFLICT WITH THE PROP-
S. 3984 11
ER DISCHARGE OF HIS OR HER DUTIES AND RESPONSIBILITIES UNDER THE
CONTRACT.
(E) A STATE AUTHORITY CONTRACTOR SHOULD NOT BY HIS OR HER CONDUCT GIVE
REASONABLE BASIS FOR THE IMPRESSION THAT ANY PERSON CAN IMPROPERLY
INFLUENCE HIM OR HER OR UNDULY ENJOY HIS OR HER FAVOR IN THE PERFORMANCE
OF HIS OR HER DUTIES UNDER THE CONTRACT, OR THAT HE OR SHE IS AFFECTED
BY THE KINSHIP, RANK, POSITION OR INFLUENCE OF ANY PARTY OR PERSON.
(F) A STATE AUTHORITY CONTRACTOR SHOULD ABSTAIN FROM MAKING PERSONAL
INVESTMENTS IN ENTERPRISES WHICH HE OR SHE HAS REASON TO BELIEVE MAY BE
DIRECTLY INVOLVED IN DECISIONS TO BE MADE BY HIM OR HER OR WHICH WILL
OTHERWISE CREATE SUBSTANTIAL CONFLICT BETWEEN HIS OR HER DUTY AND
RESPONSIBILITIES UNDER THE CONTRACT AND HIS OR HER PRIVATE INTEREST.
(G) A STATE AUTHORITY CONTRACTOR SHOULD ENDEAVOR TO PURSUE A COURSE OF
CONDUCT WHICH WILL NOT RAISE SUSPICION THAT HE OR SHE IS LIKELY TO BE
ENGAGED IN ACTS IN VIOLATION OF STATE PROCUREMENT OR ETHICS LAWS.
4. VIOLATIONS. IN ADDITION TO ANY PENALTY CONTAINED IN ANY OTHER
PROVISION OF LAW, THE PROCURING STATE AUTHORITY MAY, IN ITS DISCRETION,
TERMINATE A CONTRACT THAT WAS AWARDED IN VIOLATION OF THE REQUIREMENTS
OF THIS SECTION.
ANY STATE AUTHORITY CONTRACTOR WHO KNOWINGLY AND INTENTIONALLY
VIOLATES THE CODE OF BUSINESS ETHICS AND CONDUCT FOR STATE AUTHORITY
CONTRACTORS SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT TO
EXCEED TEN THOUSAND DOLLARS AND THE VALUE OF ANY BENEFIT RECEIVED AS A
RESULT OF SUCH VIOLATION.
§ 13. STATE AUTHORITY CONTRACTOR DISQUALIFICATION. 1. A STATE AUTHOR-
ITY CONTRACTOR MAY BE DISQUALIFIED FROM SELLING TO OR SUBMITTING BIDS TO
OR RECEIVING AWARDS FROM OR ENTERING INTO ANY CONTRACTS WITH A STATE
AUTHORITY FOR A KNOWING AND WILLFUL FAILURE BY A PRINCIPAL TO TIMELY
DISCLOSE TO THE CONTRACTING STATE AUTHORITY CREDIBLE EVIDENCE OF FRAUD,
CONFLICT OF INTEREST, UNDUE INFLUENCE OR DURESS IN CONNECTION WITH THE
AWARD OR PERFORMANCE OF A STATE AUTHORITY CONTRACT.
2. IF A STATE AUTHORITY HAS SUFFICIENT CAUSE TO BELIEVE THAT A
VIOLATION OF SUBDIVISION ONE OF THIS SECTION HAS OCCURRED, THE STATE
AUTHORITY SHALL NOTIFY THE STATE AUTHORITY CONTRACTOR AND SHALL PROVIDE
THE STATE AUTHORITY CONTRACTOR AN OPPORTUNITY TO BE HEARD IN RESPONSE.
IN THE EVENT THAT THERE IS A FINAL DETERMINATION THAT THERE HAS BEEN A
KNOWING AND WILLFUL VIOLATION BY THE STATE AUTHORITY CONTRACTOR, SUCH
FINAL DETERMINATION SHALL RESULT IN THE STATE AUTHORITY CONTRACTOR BEING
DISQUALIFIED FROM SELLING TO OR SUBMITTING BIDS TO OR RECEIVING AWARDS
FROM OR ENTERING INTO ANY CONTRACTS WITH A STATE AUTHORITY FOR A PERIOD
OF FIVE YEARS. ANY SUBSEQUENT VIOLATION OF THIS SECTION WILL RESULT IN
THE STATE AUTHORITY CONTRACTOR BEING PERMANENTLY DISQUALIFIED. THE STATE
AUTHORITY SHALL PROVIDE NOTICE OF ANY DISQUALIFICATION PURSUANT TO THIS
SECTION TO THE OFFICE OF GENERAL SERVICES WHO SHALL PUBLISH SUCH NOTICE
ON ITS WEBSITE.
§ 4. This act shall take effect immediately.
PART F
Section 1. Subdivision 3 of section 141 of the economic development
law, as amended by section 14 of part L of chapter 55 of the laws of
2012, is amended as follows:
3. "Procurement contract" shall mean any written agreement entered
into by an agency for the acquisition of goods, services, or
construction of any kind, INCLUDING AGREEMENTS AWARDED BY AN AGENCY TO A
SINGLE SOURCE, A SOLE SOURCE OR PURSUANT TO ANY OTHER METHOD OF PROCURE-
S. 3984 12
MENT THAT IS NOT COMPETITIVE, in the actual or estimated amount of fifty
thousand dollars or more. The term does not include an agreement for
employment in the civil service.
§ 2. Paragraph (c) of subdivision 2 and subdivision 5 of section 142
of the economic development law, as amended by chapter 137 of the laws
of 2008, are amended and a new paragraph (d) is added to subdivision 2
to read as follows:
(c) for all [other] procurement contracts issued by agencies PURSUANT
TO A COMPETITIVE METHOD OF PROCUREMENT INCLUDING, BUT NOT LIMITED TO, AN
INVITATION FOR BID, REQUEST FOR PROPOSALS OR OTHER MEANS OF SOLICITA-
TION, FOR AN AMOUNT IN EXCESS OF FIFTY THOUSAND DOLLARS (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 eligibil-
ity 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 informa-
tion deemed useful to potential contractors; (ix) the name, address, and
telephone number of the person to be contacted for additional informa-
tion; and (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.
(D) FOR ALL PROCUREMENT CONTRACTS ISSUED BY AGENCIES TO A SINGLE
SOURCE, A SOLE SOURCE OR PURSUANT TO ANY OTHER METHOD OF PROCUREMENT
THAT IS NOT COMPETITIVE, FOR AN AMOUNT IN EXCESS OF FIFTY THOUSAND
DOLLARS (I) THE NAME OF THE CONTRACTING AGENCY; (II) THE NAME OF THE
RECIPIENT OF THE INTENDED CONTRACT, IF KNOWN AT THE TIME; (III) THE
CONTRACT IDENTIFICATION NUMBER; (IV) A BRIEF DESCRIPTION OF THE GOODS OR
SERVICES SOUGHT, THE LOCATION WHERE GOODS ARE TO BE DELIVERED OR
SERVICES PROVIDED AND THE CONTRACT TERM; (V) A DESCRIPTION OF ANY ELIGI-
BILITY OR QUALIFICATION REQUIREMENT OR PREFERENCE; (VI) A STATEMENT AS
TO WHETHER THE CONTRACT REQUIREMENTS MAY BE FULFILLED BY A SUBCONTRACT-
ING, JOINT VENTURE, OR CO-PRODUCTION ARRANGEMENT; (VII) ANY OTHER INFOR-
MATION DEEMED USEFUL TO POTENTIAL CONTRACTORS; (VIII) THE NAME, ADDRESS,
AND TELEPHONE NUMBER OF THE PERSON TO BE CONTACTED FOR ADDITIONAL INFOR-
MATION; AND (IX) 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.
5. In addition to any other notice of procurement contract opportu-
nities 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 procure-
ment purchases by category, INCLUDING PROJECTED PURCHASES TO BE AWARDED
TO A SINGLE SOURCE, A SOLE SOURCE OR PURSUANT TO ANY OTHER METHOD OF
PROCUREMENT THAT IS NOT COMPETITIVE; (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.
§ 3. Subdivisions 1 and 4 of section 143 of the economic development
law, subdivision 1 as added by chapter 564 of the laws of 1988 and
S. 3984 13
subdivision 4 as added by section 16 of part L of chapter 55 of the laws
of 2012, are amended to read as follows:
1. Prior to awarding any procurement contract, each agency shall
submit to the commissioner information sufficient to enable publication
of the notices of procurement contract opportunities described in subdi-
vision two of section one hundred forty-two of this article. Such infor-
mation shall be submitted to the commissioner in sufficient time to
allow a minimum of fifteen 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 PROVIDED, HOWEVER:
(A) IN THE CASE OF PROCUREMENT CONTRACTS ISSUED BY A PUBLIC BENEFIT
CORPORATION OR STATE AUTHORITY WHOSE CONTRACTS AND PAYMENTS ARE NOT
APPROVED AND PRE-AUDITED BY THE COMPTROLLER, TO A SINGLE SOURCE, A SOLE
SOURCE OR PURSUANT TO ANY OTHER METHOD OF PROCUREMENT THAT IS NOT
COMPETITIVE, IN SUFFICIENT TIME TO ALLOW A MINIMUM OF FIFTEEN BUSINESS
DAYS BETWEEN PUBLICATION OF SUCH NOTICE AND THE DATE ON WHICH THE STATE
AUTHORITY OR PUBLIC BENEFIT CORPORATION INTENDS TO MAKE A CONTRACT
AWARD; OR
(B) IN THE CASE OF PROCUREMENT CONTRACTS ISSUED BY AGENCIES OTHER THAN
PUBLIC BENEFIT CORPORATIONS OR STATE AUTHORITIES, TO A SINGLE SOURCE, A
SOLE SOURCE OR PURSUANT TO ANY OTHER METHOD OF PROCUREMENT THAT IS NOT
COMPETITIVE, IN SUFFICIENT TIME TO ALLOW A MINIMUM OF FIFTEEN BUSINESS
DAYS BETWEEN PUBLICATION OF SUCH NOTICE AND THE DATE THE AGENCY INTENDS
TO DELIVER THE REQUEST FOR EXEMPTION FROM ADVERTISING TO THE STATE COMP-
TROLLER.
4. At the time an agency enters into a contract with a single or sole
source provider pursuant to section one hundred sixty-three of the state
finance law, OR PURSUANT TO ANY OTHER METHOD OF PROCUREMENT THAT IS NOT
COMPETITIVE, for an amount in excess of fifty thousand dollars, such
agency shall submit an announcement of the intended contract for inclu-
sion in the procurement opportunities newsletter, and shall specify the
recipient of the contract.
§ 4. Section 146 of the economic development law, as amended by chap-
ter 173 of the laws of 2014, is amended to read as follows:
§ 146. Approval of comptroller. The comptroller shall not approve or
file any procurement contract for the acquisition of goods or services,
OR CONSTRUCTION OF ANY KIND, in the amount of fifty thousand dollars or
more unless notice as provided in section one hundred forty-two of this
article shall first have been published in the procurement opportunities
newsletter at least fifteen business days prior to the date on which a
bid or proposal was due OR, IN THE CASE OF PROCUREMENT CONTRACTS ISSUED
TO A SINGLE SOURCE, A SOLE SOURCE OR PURSUANT TO ANY OTHER METHOD OF
PROCUREMENT THAT IS NOT COMPETITIVE, AT LEAST FIFTEEN BUSINESS DAYS
PRIOR TO THE DATE ON WHICH THE AGENCY INTENDS TO DELIVER THE REQUEST FOR
EXEMPTION FROM ADVERTISING TO THE STATE COMPTROLLER AND ENTER INTO THE
CONTRACT. Provided, however, such requirement of publication of advance
notice shall not apply to contracts exempt from such requirement under
section one hundred forty-four of this article; provided further, that
the comptroller shall not be required to disapprove a contract if he or
she determines that there has been substantial compliance with the
requirements of section one hundred forty-two and section one hundred
forty-three of this article. The foregoing provisions of this section
shall not be construed to limit, in any manner, the right of the comp-
troller to demand evidence of adequate competition or such other proofs
as he or she may require in the discharge of his or her responsibilities
S. 3984 14
pursuant to section one hundred twelve of the state finance law or any
other provision of law.
§ 5. This act shall take effect immediately and shall apply to
procurements initiated on and after such date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through F of this act shall be
as specifically set forth in the last section of such Parts.
