Economic Development Law Section 142
Procurement opportunities newsletter
1.The commissioner shall publish on a daily basis a procurement opportunities newsletter, which shall contain notices of procurement contract opportunities and any other information the commissioner deems necessary to effectuate the purposes of this article. Notices of procurement contract opportunities shall be available on the internet for at least fifteen days.
2.Notices of procurement contract opportunities shall mean:
(a)for procurement contracts to be awarded by the office of general services, (i) a description of the centralized commodity contracting program of such office and an explanation of how to apply for placement on any prequalified bidders list established as part of such program;
(ii)a description of the centralized construction contracting program of such office and an explanation of how to subscribe to any bid notice publication established as part of such program; and
(iii)for all other procurement contracts awarded by the office, the provisions of paragraph (c) of this subdivision shall apply.
(b)for procurement contracts in excess of ten thousand dollars and less than fifty thousand dollars to be awarded by the state university of New York or the city university of New York, (i) a quarterly listing of projected procurement purchases by commodity for each institution of the state university of New York or the city university of New York;
(ii)an explanation of how to apply for placement on any bidder lists maintained by the state university of New York or the city university of New York; and
(iii)a description of procedures for providing advance notification by mail to individuals or business entities on such bidder lists of any request for proposals, in accordance with rules and regulations promulgated by the state university or the city university; and
(c)for all other procurement contracts issued by agencies (i) the name of the contracting agency;
(ii)the contract identification number;
(iii)a brief description of the goods or services sought, the location where goods are to be delivered or services provided and the contract term;
(iv)the address where bids or proposals are to be submitted;
(v)the date when bids or proposals are due;
(vi)a description of any eligibility or qualification requirement or preference;
(vii)a statement as to whether the contract requirements may be fulfilled by a subcontracting, joint venture, or co-production arrangement;
(viii)any other information deemed useful to potential contractors;
(ix)the name, address, and telephone number of the person to be contacted for additional information;
(x)a statement as to whether the goods or services sought had in the immediately preceding three year period been supplied by a foreign business enterprise; and
(xi)the name of any individual or business enterprise that has been awarded an identical or substantially similar procurement contract as determined by the contracting agency, within the past five years; provided, however, that in the case of multiple award contracts only, the contracting agency may provide a link to a publicly accessible website listing the information required pursuant to this subparagraph. Such link shall be exclusive to each multiple award contract.
3.The commissioner shall provide for electronic publication, updated daily, accessible at no charge to the general public and may set subscription rates for enhanced access services, including, but not limited to, automated notification of bid opportunities based upon the amounts estimated to be necessary to defray the expenses of preparing, publishing, marketing and distributing the procurement opportunities newsletter. In addition, the commissioner shall immediately make available, upon request, a printed copy of all notices from the date of such request and the fifteen days preceding, and if requested, make available on a weekly basis, the procurement opportunities newsletter, at a subscription rate determined by the commissioner based upon an estimated expense of producing and distributing such printed copy.
4.The commissioner may publish in the procurement opportunities newsletter (a) notices of procurement opportunities originating from political subdivisions of the state or business enterprises, and
(b)notices from government or potential government contractors seeking subcontractors and suppliers, in such form and manner as the commissioner shall determine. The commissioner may charge a fee for the publication of such notices of procurement opportunities based upon the amounts estimated to be necessary to defray the expenses of preparing, publishing, marketing and distributing such additional notices of procurement opportunities.
5.In addition to any other notice of procurement contract opportunities required in this section, for procurement contracts in the amount of two hundred thousand dollars or more to be awarded by all state agencies, each agency shall prepare for inclusion in the procurement opportunities newsletter (a) a semi-annual listing of projected procurement purchases by category;
(b)an explanation of how to apply for placement on any bidder list maintained by the agency; and
(c)a description of procedures for providing advance notification by mail to individuals or business entities on such bidder lists of any request for proposals, in accordance with rules and regulations promulgated by the agency. The commissioner, in consultation with each agency, shall arrange a schedule for each agency’s semi-annual listing.
6.The commissioner shall include in the procurement opportunities newsletter the procurement contract award information submitted by agencies pursuant to subdivision three of § 143 (Responsibilities of other agencies)section one hundred forty-three of this article.
7.Upon receipt of an announcement that an agency has entered into a contract, as provided in subdivision five of § 143 (Responsibilities of other agencies)section one hundred forty-three of this article, the commissioner shall publish such announcement in the procurement opportunities newsletter. The announcement shall identify the contract, specify the date of the award of the contract and provide the name and contact information for each recipient of the contract.
Section 142 — Procurement opportunities newsletter,
https://www.nysenate.gov/legislation/laws/COM/142 (updated Mar. 18, 2022; accessed Nov. 25, 2023).