N.Y.
Education Law Section 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.
Source:
Section 6218 — Contracts and purchases, https://www.nysenate.gov/legislation/laws/EDN/6218 (updated Mar. 10, 2023; accessed Apr. 27, 2024).
