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This entry was published on 2014-09-22
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Economic Development Law (COM) CHAPTER 15, ARTICLE 4-C
§ 144. Exemptions. 1. The provisions of this article shall not apply

(a) Procurement contracts, which the comptroller exempts pursuant to
the procedures contained in subdivision two of this section, awarded on
an emergency or critical basis, or on the basis that publication is not
feasible, provided, however, that no exemption shall be granted for any
contracts, except for contracts awarded on an emergency or critical
basis, for which competitive bidding is required by law;

(b) Procurement contracts being re-bid or re-solicited for
substantially the same goods or services, within forty-five business
days after the date bids or proposals were originally due;

(c) Procurement contracts awarded pursuant to section one hundred
seventy-five, one hundred seventy-five-a, one hundred seventy-five-b or
one hundred seventy-five-c of the state finance law;

(d) Procurement contracts in an amount less than ten thousand dollars
awarded by the state university of New York or the city university of
New York; and

(e) Procurement contracts awarded to not-for-profit providers of human
services pursuant to a non-competitive selection process.

2. Any exemption requested for a procurement contract described in
paragraph (a) of subdivision one of this section may be granted in
accordance with the following procedure:

(a) Any agency, which shall not include those public benefit
corporations or public authorities whose contracts and payments are not
approved and pre-audited by the comptroller, may request an exemption
from the comptroller. The request shall, unless an emergency exists, be
in writing and state the nature of the contract and reasons for the
exemption. The comptroller may accept an oral request for an exemption
in an emergency, provided the agency agrees to submit to the comptroller
a written request immediately thereafter.

(b) The comptroller shall, as soon as practicable, determine whether
an agency's request for an exemption is granted or denied. The
comptroller may inform an agency of the decision orally and shall
provide an agency with a written determination granting or denying the
request for an exemption.

(c) The comptroller shall be responsible for granting or denying an
exemption for each individual procurement contract unless the
comptroller determines, by regulation, that a specific class of
procurement contracts should be exempt.

(d) The comptroller shall, after consultation with the commissioner,
promulgate regulations or guidelines to implement the provisions of this

(e) Notwithstanding the foregoing, any agency receiving an exemption
for a procurement contract in accordance with this subdivision must
nevertheless publish notice of either the letting or award of the
contract, and the reasons for any such exemption, in the procurement
opportunities newsletter as soon as practicable, unless the comptroller
determines that publication would affect the ability of (i) law
enforcement agencies to carry out investigations, or (ii) agencies to
protect security operations, in which case notice of such contract shall
not be published. In the case of non-competitive awards, such notice
shall also state the recipient of the contract, a brief description of
the purpose of the contract, the contract term, and the estimated value.