- Overview of Approval Criteria
- Attorney General Approval
- Anticipated Review and Approval Timeframes
- Format of OSC Contract Approval and Non-Approval
- Resubmitting Contracts After OSC Non-Approval
The Comptroller’s determination to approve an eligible contract or eligible contract amendment identified as subject to the Comptroller’s approval will be based on, but not limited to: compliance with all applicable laws; responsibility of the proposed contractor; the reasonableness of the authority’s procurement procedures; the authority’s compliance with its own procurement procedures; the reasonableness of the result of the procurement; adequacy of the description of the scope of services; and the presence of specified start and end dates (except for purchase orders). For contracts and contract amendments awarded without competition, the Comptroller may also consider: the justification for not utilizing a competitive procurement; the reasonableness of the selection of the contractor; the cost; and the contract terms.
Every Eligible contract and Eligible contract amendment that is subject to Comptroller’s approval will require approval by the New York State Attorney General (AG).
Anticipated Review and Approval Timelines
PAL §2879-a provides the Comptroller 90 days from the date of submission to approve an eligible contract or eligible contract amendment. However, it is rare that OSC uses the full allotted time for contract review and approval. State authorities’ contracting timelines should anticipate a reasonable period for OSC review and approval. OSC will make every effort to act on State authority contracts in a timely manner.
Format of OSC Contract Approval and Non-Approval
When OSC has approved an eligible contract or eligible contract amendment, the CSS document status, viewable by all enrolled State authority users, will read “approved.” Additionally, a physical signature will be added to the contract signature page below the authority’s and the contractor’s signature. A scanned copy of the page, with an authorized OSC signature, will be saved to the CSS contract record and will be viewable to submitting authority users. The submitting authority may provide a copy to the contractor as evidence of the Comptroller’s approval.
When such determination is not provided within 90 days of receipt, the contract is automatically approved and becomes effective.
When OSC has non-approved an eligible contract or eligible contract amendment, the CSS document status, viewable by all enrolled State authority users, will read “non-approved.” Additionally, the Comptroller will provide, via email, a written determination indicating the non-approval. Details of the reason(s) for non-approval can be found by viewing the non-approval notice in the documents section of CSS.. When such determination is not provided within 90 days of receipt, the contract is automatically approved and becomes effective.
Resubmitting Contracts After OSC Non-Approval
The inclusion of non-approval reasons in OSC’s contract non-approval notice will help the contracting authority or the submitting authority to identify and make revisions necessary to successfully resubmit the contract or contract amendment for approval, if possible. Resubmission of a previously non-approved contract or contract amendment must include a copy of the OSC non-approval notice. Authorities may reuse the same contract number when resubmitting a previously non-approved contract.
State Authority Contracts
Monday through Friday
866-370-4672
ITServiceDesk@osc.state.ny.us