N.Y. Comp. Codes R. & Regs. tit. 2 § 206.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 206.5 - Submission of eligible contracts or eligible contract amendments subject to the comptroller's approval

(a) Every State authority shall, upon execution of any eligible contract or eligible contract amendment described in a written notice issued pursuant to section 206.4(a) of this Part, promptly submit to the Comptroller for approval each such eligible contract or eligible contract amendment for the duration stated in the notice, including all attachments and documents incorporated by reference therein, except where the Comptroller has determined that a complete copy is unnecessary and has so notified the State authority, along with the complete procurement record. A copy of all such eligible contracts and eligible contract amendments shall be retained on file with the Office of the State Comptroller. Such submission should be made in such form and manner as may be prescribed by the Comptroller. The Comptroller also reserves the right to request submission of additional materials that are relevant to the Comptroller's review and approval.

(b) For each eligible contract or eligible contract amendment described in a written notice issued pursuant to section 206.4(a) of this Part, the State authority shall include a certification in the procurement record that it has undertaken an affirmative review of the responsibility of the contractor and significant subcontractors known at the time of the contract award. Such review shall be designed to provide reasonable assurances that the contractor and significant subcontractors are responsible and shall be documented in the procurement record. For purposes of this paragraph, a subcontractor shall be deemed to be significant if:

(1) the subcontractor's qualifications are a material factor in the award; or

(2) the value of the subcontract will equal or exceed an amount as the Comptroller may from time-to-time determine, to be reasonable.

(c) Where the Comptroller has provided written notice pursuant to section 206.4(a) of this Part, the State authority shall include in each eligible contract or eligible contract amendment described in such notice a clause providing that the contract or contract amendment is subject to the Comptroller's approval before such contract or contract amendment may become valid and enforceable.

(d) The Comptroller shall have 90 days to issue a written determination with respect to the approval or disapproval of each eligible contract or eligible contract amendment submitted for approval. Such 90 day period shall begin upon receipt of the eligible contract or eligible contract amendment, including all required documentation, by the Office of the State Comptroller. No eligible contract or eligible contract amendment submitted to the Comptroller shall become valid and enforceable until such eligible contract or eligible contract amendment has been approved by the Comptroller; provided, however, that if the Comptroller has not issued a written determination within the 90 day period, such eligible contract or eligible contract amendment shall become valid and enforceable without approval by the Comptroller. In the event that the State authority resubmits an eligible contract or eligible contract amendment previously disapproved by the Comptroller, the Comptroller shall have 90 days from the receipt of such resubmitted eligible contract or eligible contract amendment to issue a written determination.

(e) The Comptroller reserves the right to require State authorities to transmit all or part of the procurement record electronically according to standards developed by the Comptroller.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 206.5