New York Codes, Rules and Regulations
Title 16 - DEPARTMENT OF PUBLIC SERVICE
Chapter VI - TELEPHONE AND TELEGRAPH CORPORATIONS
Subchapter F - Miscellaneous
Part 685 - Utility Contract And Procurement Procedures
Section 685.1 - Utility contract and procurement procedures
Universal Citation: 16 NY Comp Codes Rules and Regs ยง 685.1
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Every telephone and telegraph corporation subject to the jurisdiction of this commission with annual gross operating revenues in excess of $2,000,000 shall file, in accordance with the requirements of section 3.5 of this Title, with the commission its procedures which govern the contracting for and procurement of services, equipment or materials to be used in its utility operations. The statement shall:
(1)
Describe the circumstances in which cost estimates will be prepared and the
procedures for awarding a contract which exceeds such an estimate. Such
estimates, when prepared:
(i) shall be related
to market conditions and trends as well as the utility's own experience;
and
(ii) where competitive bidding
is employed, shall remain confidential until after the bids are
opened.
(2) Where
competitive bidding is employed, specify the procedures used in preparing and
maintaining lists of qualified bidders by geographical area, type of material
or service provided, and degree of capability, including:
(i) the criteria used for including or
excluding bidders;
(ii) a
description of the circumstances in which all bidders on such a list will not
be solicited in instances where the utility uses competitive bidding;
and
(iii) a provision that in the
absence of such a list, all requests to be allowed to bid that are not honored,
shall be reviewed within the utility.
(3) Where competitive bidding is employed,
specify the procedure to be employed to ensure that sealed bids are opened at
the time and place specified.
(4)
Specify the procedure employed in making awards in the absence of bids or,
where competitive bidding is employed, to a person other than the low
bidder.
(5) Specify the procedures
employed in reviewing contract expenditures, relating such expenditures to any
cost estimate, the amount of the award and existing market
conditions.
(6) Include a
requirement for disclosure to the utility of any ownership or beneficial
interest in potential suppliers by employees involved in specifying or
procuring services, equipment and materials, which requirement shall provide
that no employee in the purchasing department nor anyone with authority to
review or approve a purchasing decision shall have such an interest except in
accordance with such rules as the utility may develop and file with this
commission.
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