§ 144 — Exemptions

§ 144. Exemptions. 1. The provisions of this article shall not apply\nto:\n (a) Procurement contracts, which the comptroller exempts pursuant to\nthe procedures contained in subdivision two of this section, awarded on\nan emergency or critical basis, or on the basis that publication is not\nfeasible, provided, however, that no exemption shall be granted for any\ncontracts, except for contracts awarded on an emergency or critical\nbasis, for which competitive bidding is required by law;\n (b) Procurement contracts being re-bid or re-solicited for\nsubstantially the same goods or services, within forty-five business\ndays after the date bids or proposals were originally due;\n (c) Procurement contracts awarded pursuant to section one hundred\nseventy-five, one hundred seventy-five-a, one hundred seventy-five-b or\none hundred seventy-five-c of the state finance law;\n (d) Procurement contracts in an amount less than ten thousand dollars\nawarded by the state university of New York or the city university of\nNew York; and\n (e) Procurement contracts awarded to not-for-profit providers of human\nservices pursuant to a non-competitive selection process.\n 2. Any exemption requested for a procurement contract described in\nparagraph (a) of subdivision one of this section may be granted in\naccordance with the following procedure:\n (a) Any agency, which shall not include those public benefit\ncorporations or public authorities whose contracts and payments are not\napproved and pre-audited by the comptroller, may request an exemption\nfrom the comptroller. The request shall, unless an emergency exists, be\nin writing and state the nature of the contract and reasons for the\nexemption. The comptroller may accept an oral request for an exemption\nin an emergency, provided the agency agrees to submit to the comptroller\na written request immediately thereafter.\n (b) The comptroller shall, as soon as practicable, determine whether\nan agency's request for an exemption is granted or denied. The\ncomptroller may inform an agency of the decision orally and shall\nprovide an agency with a written determination granting or denying the\nrequest for an exemption.\n (c) The comptroller shall be responsible for granting or denying an\nexemption for each individual procurement contract unless the\ncomptroller determines, by regulation, that a specific class of\nprocurement contracts should be exempt.\n (d) The comptroller shall, after consultation with the commissioner,\npromulgate regulations or guidelines to implement the provisions of this\nsubdivision.\n (e) Notwithstanding the foregoing, any agency receiving an exemption\nfor a procurement contract in accordance with this subdivision must\nnevertheless publish notice of either the letting or award of the\ncontract, and the reasons for any such exemption, in the procurement\nopportunities newsletter as soon as practicable, unless the comptroller\ndetermines that publication would affect the ability of (i) law\nenforcement agencies to carry out investigations, or (ii) agencies to\nprotect security operations, in which case notice of such contract shall\nnot be published. In the case of non-competitive awards, such notice\nshall also state the recipient of the contract, a brief description of\nthe purpose of the contract, the contract term, and the estimated value.\n