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This entry was published on 2023-03-10
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SECTION 6218
Contracts and purchases
Education (EDN) CHAPTER 16, TITLE 7, ARTICLE 125
§ 6218. Contracts and purchases. a. Notwithstanding the provisions of
subdivision two of section one hundred twelve and sections one hundred
fifteen, one hundred sixty-one and one hundred sixty-three of the state
finance law and section three of the New York state printing and public
documents law or any other law to the contrary, the city university
trustees are authorized and empowered to:

(i) purchase materials; proprietary electronic information resources,
including, but not limited to, academic, professional and industry
journals, reference handbooks and manuals, research tracking tools,
indexes and abstracts; and equipment and supplies, including computer
equipment and motor vehicles, where the amount for a single purchase
does not exceed seventy-five thousand dollars, (ii) execute contracts
for services and construction contracts to an amount not exceeding
seventy-five thousand dollars, and (iii) contract for printing to an
amount not exceeding seventy-five thousand dollars, without prior
approval by any other state officer or agency, but subject to rules and
regulations of the state comptroller not otherwise inconsistent with the
provisions of this section and in accordance with the guidelines
promulgated by the city university board of trustees after consultation
with the state comptroller. In addition, the trustees are authorized to
annually negotiate with the state comptroller increases in the
aforementioned dollar limits and the exemption of any articles,
categories of articles, services, or commodities from these limits.
Guidelines promulgated by the city university board of trustees shall,
to the extent practicable, require that competitive proposals be
solicited for purchases, and shall include requirements that purchases
and contracts authorized under this section be at the lowest available
price.

b. Except as hereinafter provided, no contract for work or labor or
the purchase of supplies, material, or equipment or for the construction
or the alteration of any building or facility involving an expenditure
or liability of more than twenty thousand dollars shall be entered into
by the board of trustees, unless said board of trustees shall have duly
advertised for bids for the same for a period of not less than five days
under regulations to be approved by the board of trustees and the
contract in each case shall be awarded to the lowest responsible bidder
furnishing the security as required by the board of trustees. If two or
more bids are tied, and are the lowest bids submitted by responsible
bidders furnishing the security as required by the board, the board of
trustees may award the contract to any of said tied bidders.

c. If the several parts of the work or labor to be done and/or the
supplies, materials or equipment to be furnished shall together involve
an expenditure of not more than twenty thousand dollars, the same may be
procured on an order awarded to the lowest responsible bidder upon bids
submitted without public advertisement under such regulations as shall
be made by the board of trustees. Purchases of five thousand dollars or
less may be made without competition.

d. The board of trustees, if it shall deem it in the public interest,
may reject all bids.

e. Upon the adoption of a resolution by a vote of at least two-thirds
of the members of the board of trustees by vote at a meeting, stating
that, for reasons of efficiency or economy, there is need for
standardization, purchase contracts for a particular type or kind of
equipment, materials, or supplies of more than twenty thousand dollars
may be awarded to the lowest responsible bidder furnishing the required
security after advertisement for bids in the manner provided in this
section. Such resolution shall contain a full explanation of the reasons
for its adoption. Purchase contracts for a particular type or kind of
equipment, materials or supplies of not more than twenty thousand
dollars may be awarded to the lowest responsible bidder upon bids
submitted without public advertisement under such regulations as shall
be made by the board of trustees.

f. Surplus or second-hand supplies, materials or equipment may be
purchased without competitive bidding from the federal government, the
state of New York or from any political subdivision of the state.

g. The board of trustees is authorized to establish cash advance
accounts for the purpose of purchasing materials, supplies, or services,
for cash advances for travel expenses and per diem allowances, or for
advance payment of wages and salary. The account may be used to purchase
such materials, supplies, or services where the amount of a single
purchase does not exceed two hundred fifty dollars in accordance with
such guidelines as shall be prescribed by the city university trustees
after consultation with the state comptroller.

h. Notwithstanding any of the provisions of this section, the board of
trustees may make purchases, when available, through the state of New
York, the city of New York, the federal government or the board of
education of the city of New York, provided that the board of trustees
shall accept sole responsibility for any payment due the vendor.