§ 142 — Procurement opportunities newsletter

§ 142. Procurement opportunities newsletter. 1. The commissioner shall\npublish on a daily basis a procurement opportunities newsletter, which\nshall contain notices of procurement contract opportunities and any\nother information the commissioner deems necessary to effectuate the\npurposes of this article. Notices of procurement contract opportunities\nshall be available on the internet for at least fifteen days.\n 2. Notices of procurement contract opportunities shall mean:\n (a) for procurement contracts to be awarded by the office of general\nservices, (i) a description of the centralized commodity contracting\nprogram of such office and an explanation of how to apply for placement\non any prequalified bidders list established as part of such program;\n(ii) a description of the centralized construction contracting program\nof such office and an explanation of how to subscribe to any bid notice\npublication established as part of such program; and (iii) for all other\nprocurement contracts awarded by the office, the provisions of paragraph\n(c) of this subdivision shall apply.\n (b) for procurement contracts in excess of ten thousand dollars and\nless than fifty thousand dollars to be awarded by the state university\nof New York or the city university of New York, (i) a quarterly listing\nof projected procurement purchases by commodity for each institution of\nthe state university of New York or the city university of New York;\n(ii) an explanation of how to apply for placement on any bidder lists\nmaintained by the state university of New York or the city university of\nNew York; and (iii) a description of procedures for providing advance\nnotification by mail to individuals or business entities on such bidder\nlists of any request for proposals, in accordance with rules and\nregulations promulgated by the state university or the city university;\nand\n (c) for all other procurement contracts issued by agencies (i) the\nname of the contracting agency; (ii) the contract identification number;\n(iii) a brief description of the goods or services sought, the location\nwhere goods are to be delivered or services provided and the contract\nterm; (iv) the address where bids or proposals are to be submitted; (v)\nthe date when bids or proposals are due; (vi) a description of any\neligibility or qualification requirement or preference; (vii) a\nstatement as to whether the contract requirements may be fulfilled by a\nsubcontracting, joint venture, or co-production arrangement; (viii) any\nother information deemed useful to potential contractors; (ix) the name,\naddress, and telephone number of the person to be contacted for\nadditional information; (x) a statement as to whether the goods or\nservices sought had in the immediately preceding three year period been\nsupplied by a foreign business enterprise; and (xi) the name of any\nindividual or business enterprise that has been awarded an identical or\nsubstantially similar procurement contract as determined by the\ncontracting agency, within the past five years; provided, however, that\nin the case of multiple award contracts only, the contracting agency may\nprovide a link to a publicly accessible website listing the information\nrequired pursuant to this subparagraph. Such link shall be exclusive to\neach multiple award contract.\n 3. The commissioner shall provide for electronic publication, updated\ndaily, accessible at no charge to the general public and may set\nsubscription rates for enhanced access services, including, but not\nlimited to, automated notification of bid opportunities based upon the\namounts estimated to be necessary to defray the expenses of preparing,\npublishing, marketing and distributing the procurement opportunities\nnewsletter. In addition, the commissioner shall immediately make\navailable, upon request, a printed copy of all notices from the date of\nsuch request and the fifteen days preceding, and if requested, make\navailable on a weekly basis, the procurement opportunities newsletter,\nat a subscription rate determined by the commissioner based upon an\nestimated expense of producing and distributing such printed copy.\n 4. The commissioner may publish in the procurement opportunities\nnewsletter (a) notices of procurement opportunities originating from\npolitical subdivisions of the state or business enterprises, and (b)\nnotices from government or potential government contractors seeking\nsubcontractors and suppliers, in such form and manner as the\ncommissioner shall determine. The commissioner may charge a fee for the\npublication of such notices of procurement opportunities based upon the\namounts estimated to be necessary to defray the expenses of preparing,\npublishing, marketing and distributing such additional notices of\nprocurement opportunities.\n 5. In addition to any other notice of procurement contract\nopportunities required in this section, for procurement contracts in the\namount of two hundred thousand dollars or more to be awarded by all\nstate agencies, each agency shall prepare for inclusion in the\nprocurement opportunities newsletter (a) a semi-annual listing of\nprojected procurement purchases by category; (b) an explanation of how\nto apply for placement on any bidder list maintained by the agency; and\n(c) a description of procedures for providing advance notification by\nmail to individuals or business entities on such bidder lists of any\nrequest for proposals, in accordance with rules and regulations\npromulgated by the agency. The commissioner, in consultation with each\nagency, shall arrange a schedule for each agency's semi-annual listing.\n 6. The commissioner shall include in the procurement opportunities\nnewsletter the procurement contract award information submitted by\nagencies pursuant to subdivision three of section one hundred\nforty-three of this article.\n 7. Upon receipt of an announcement that an agency has entered into a\ncontract, as provided in subdivision five of section one hundred\nforty-three of this article, the commissioner shall publish such\nannouncement in the procurement opportunities newsletter. The\nannouncement shall identify the contract, specify the date of the award\nof the contract and provide the name and contact information for each\nrecipient of the contract.\n