N.Y. Comp. Codes R. & Regs. Tit. 2 § 206.6 - Criteria for approval of an eligible contract or eligible contract amendment

The Comptroller's determination as to whether to approve an eligible contract or eligible contract amendment submitted for approval shall include, but not be limited to, consideration of the following criteria:

(a) for all eligible contracts and eligible contract amendments:

(1) compliance with all applicable laws;

(2) the responsibility of the proposed contractor;

(3) the reasonableness of the State authority's procurement procedures and, if applicable, compliance with such procedures;

(4) the reasonableness of the result;

(5) whether the contract contains a description of the scope of services, a specified term with a commencement and end date (except in the case of properly executed purchase orders) and is otherwise reasonable and acceptable as to form; and

(6) whether the terms of the agreement are reasonable and in the best interests of the authority;

(b) for single source and sole source contracts, or any eligible contract or eligible contract amendment awarded pursuant to any other method of procurement that is not a competitive procurement:

(1) the justification for not utilizing a competitive procurement; and

(2) the reasonableness of the selection of the contractor, the cost and the terms of the eligible contract or eligible contract amendment. The procurement record for such eligible contracts or eligible contract amendments shall include: the justification for not using a competitive procurement; the basis for selecting the contractor, including the alternatives considered; and the basis upon which the State authority determined the cost was reasonable; and

(c) for competitive procurements:

(1) the adequacy of the efforts made to provide notice of the contract opportunity;

(2) the reasonableness of the product specifications, requirements or work to be performed;

(3) the reasonableness of the methodology for evaluating bids, proposals or other offers; and

(4) the State authority's fair application of the established methodology for evaluating bids, proposals or other offers. The procurement record for competitive contracts shall demonstrate a competitive field by providing, at a minimum, a clear statement of the required specifications or work to be performed, a fair and equal opportunity for offerers to submit responsive offers and a balanced and fair method of evaluation and selection.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 2 § 206.6