New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROL
Chapter V - Public Authorities
Part 206 - Comptroller Approval Of Contracts Made By State Authorities
Section 206.4 - Determination of eligible contracts and eligible contract amendments subject to the comptroller's approval
Universal Citation: 2 NY Comp Codes Rules and Regs ยง 206.4
Current through Register Vol. 46, No. 39, September 25, 2024
(a)
(1) The
Comptroller shall periodically determine which eligible contracts and eligible
contract amendments shall be subject to the Comptroller's approval.
(2) Once the Comptroller has determined that
any eligible contract, eligible contract amendment, category of eligible
contracts or category of eligible contract amendments shall be subject to
approval by the Comptroller, the Comptroller shall provide written notice of
such determination to the affected State authorities as soon as
practicable.
(3) Such written
notice shall include instructions for submitting any such contracts or contract
amendments and the period of time during which the State authority is required
to submit the contracts and/or contract amendments.
(4) Where a State authority that is subject
to the publication requirements contained in article 4-c of the Economic
Development Law believes that an eligible contract, described in a written
notice provided by the Comptroller pursuant to this section, is exempt from
such requirements under paragraph (a) of subdivision 1 of section 144 of the Economic Development Law, the
State authority must obtain the Comptroller's approval for such
exemption.
(b) The Comptroller's determination of which eligible contracts or eligible contract amendments shall be subject to his or her approval may include, but shall not be limited to, consideration of one or more the following criteria:
(1) number and dollar value of contracts
entered into, or anticipated to be entered into, by the State
authority;
(2) past practices of
the State authority with respect to its contracting or procurement process as
identified by audits performed by regulating bodies including, but not limited
to, the Office of the State Comptroller;
(3) the types of contracts entered into by
the State authority;
(4) the
presence or absence of competition in the procurement process;
(5) the level of financial risk posed by the
State authority's contracts;
(6)
any potential liability for the State posed by the State authority's
contracts;
(7) the content and
adequacy of the State authority's existing procurement guidelines;
and
(8) the State authority's
compliance with the provisions in section
206.7
of this Part regarding the filing of exempt contracts, exempt contract
amendments, certain eligible contracts and certain eligible contract
amendments.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.