§ 2879-a. Comptroller approval of contracts.
1.Except as set forth in\nsubdivision three of this section, where the comptroller determines\npursuant to his or her authority to supervise the accounts of public\ncorporations, that contracts or categories of contracts in excess of one\nmillion dollars (a) to be awarded by a state authority to a single\nsource, a sole source or pursuant to any other method of procurement\nthat is not competitive, or (b) which are to be paid in whole or in part\nfrom monies appropriated by the state to a state authority for such\ncontractual expenditure, require supervision in the form of prior review\nand approval of such contracts, and the comptroller so notifies such\nauthority of such determination, then any such contract entered into\nsubsequent to such
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§ 2879-a. Comptroller approval of contracts. 1. Except as set forth in\nsubdivision three of this section, where the comptroller determines\npursuant to his or her authority to supervise the accounts of public\ncorporations, that contracts or categories of contracts in excess of one\nmillion dollars (a) to be awarded by a state authority to a single\nsource, a sole source or pursuant to any other method of procurement\nthat is not competitive, or (b) which are to be paid in whole or in part\nfrom monies appropriated by the state to a state authority for such\ncontractual expenditure, require supervision in the form of prior review\nand approval of such contracts, and the comptroller so notifies such\nauthority of such determination, then any such contract entered into\nsubsequent to such notification shall be submitted to the comptroller\nfor his or her approval and shall not be a valid enforceable contract\nunless it shall first have been approved by the comptroller. Such\nnotification shall identify the process for submission, the categories\nof contracts at issue and the time period for which such submission is\nto take place. The comptroller shall promulgate such rules and\nregulations as may be necessary to carry out his or her responsibilities\nunder this section, including but not limited to the standards for\ndetermining which contracts will be subject to his or her review and for\napproving such contracts.\n 2. Where the comptroller, pursuant to subdivision one of this section,\nhas notified a state authority that any contract or category of\ncontracts shall be subject to his or her approval, such authority shall\ninclude or cause to be included in each such contract a provision\ninforming the other party that such contract is subject to the\ncomptroller's approval pursuant to the comptroller's authority to\nsupervise the accounts of public corporations. If the comptroller has\nnot approved or disapproved any contract subject to his or her approval\nwithin ninety days of submission to his or her office, such contract\nshall become valid and enforceable without such approval.\n 3. This section shall not apply to: (a) contracts entered into for the\nissuance of commercial paper or bonded indebtedness, other than\ncontracts with the state providing for the payment of debt service\nsubject to an appropriation; (b) contracts entered into by an entity\nestablished under article ten-C of this chapter that are for: (i)\nprojects approved by the department of health or the public health\ncouncil in accordance with articles twenty-eight, thirty-six or forty of\nthe public health law or article seven of the social services law; (ii)\nprojects approved by the office of mental health, the office for people\nwith developmental disabilities, or the office of alcoholism and\nsubstance abuse services in accordance with articles sixteen,\nthirty-one, or thirty-two of the mental hygiene law; (iii) services,\naffiliations or joint ventures for the provision or administration of\nhealth care services or scientific research; (iv) payment for direct\nhealth care services or goods used in the provision of health care\nservices; or (v) participation in group purchasing arrangements; (c)\ncontracts entered into for the procurement of goods, services or both\ngoods and services made to meet emergencies arising from unforeseen\ncauses or to effect repairs to critical infrastructure that are\nnecessary to avoid a delay in the delivery of critical services that\ncould compromise the public welfare; (d) contracts of purchase or sale\nof energy, electricity or ancillary services made by an authority on a\nrecognized market for goods, services, or commodities in question in\naccordance with standard terms and conditions of purchase or sale at a\nmarket price; (e) contracts for the purchase, sale or delivery of power\nor energy, fuel, costs and services ancillary thereto, or financial\nproducts related thereto, with a term of less than five years; and (f)\ncontracts for the sale or delivery of power or energy and costs and\nservices ancillary thereto for economic development purposes pursuant to\ntitle one of article five of this chapter or article six of the economic\ndevelopment law, provided, however, that the authority shall file copies\nof any such contract with the comptroller within sixty days after the\nexecution of such contract.\n 4. The provisions of this section do not grant or diminish any power\nor right to review contracts beyond or from that which the comptroller\nmay have pursuant to his or her authority to supervise the accounts of\npublic authorities. If any provisions of this section or its application\nto any person or circumstance is held invalid by a court of last resort,\nthen this section shall be deemed to be invalid in its entirety.\n