§ 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.