The New York State Contract Reporter

The Procurement Opportunities Newsletter, entitled The New York State Contract Reporter, is intended to ensure the integrity of the State procurement process by providing for regular, centralized public notice of State agency and public authority intentions to contract for goods and services in the amount of $15,000 or more. Requirements are established in Article 4-C of the Economic Development Law. Public authorities that have the majority of their boards appointed by the Governor are subject to these requirements.

Article 4-C requires publication of the newsletter on a weekly basis. A minimum of 15 business days must elapse between publication of the notice and the date on which a bid or proposal is due. The statute also provides for exemptions to be granted to the Contract Reporter advertising requirements.

Where the contracting authority is subject to the requirements of Article 4-C, the procurement record for any contract or contract amendment which is subject to the Comptroller’s approval must include a copy of such advertisement or a copy of an approved exemption request as described elsewhere in this document.

Contract Reporter Exemption for Contracts Identified for OSC Approval

Article 4-C provides that no agency (including State authorities having a majority of their board members appointed by the Governor) shall award, and the Comptroller shall not approve, a procurement contract unless notice of that contract first has appeared in the newsletter, or unless it is exempt. The OSC Guide to Financial Operations provides detailed information on the publication of procurement opportunities.

Contract Reporter Exemption Request Procedure

Requests for exemptions must be submitted to the SAC Mailbox at SAC@osc.state.ny.us according to the following procedures.

• All requests for exemptions shall be in writing (unless an emergency exists), signed by the authority’s chief fiscal officer or authority designee, and shall clearly state the nature of the contract, reasons for the exemption, and estimated value.
• If an emergency exists, OSC will accept oral requests, provided the agency follows up immediately with a written request, clearly stating the nature of the contract and the reasons for the exemption.
• An exemption may be requested for a single-source or sole-source procurement when a circumstance or situation exists that would render publication of a notice in the Contract Reporter not feasible.
• Regardless of the type of exemption requested, OSC will approve or deny the request for the exemption in writing, as soon as practicable.
• OSC will grant or deny an exemption for each individual request. However, in accordance with Article 4-C, OSC may exempt a specific class of procurement contracts by regulation.
• Any authority which receives an exemption must still publish a notice of either the letting or award of the contract in the Contract Reporter. Prior to OSC approval of the contract, an authority granted an exemption is required to provide OSC with proof confirming that they have requested the Department of Economic Development to publish the notice of the exemption in the newsletter. The notice must state the reason for the exemption and be placed as soon as practicable. Such proof should include a copy of the request form or the actual advertisement. If OSC determines that such a notice would affect the ability of law enforcement agencies to carry out investigations or of authorities to protect their security operations, notice of such exemption shall not be published.

Authorities granted exemptions will be responsible for maintaining documentation showing they have complied with Article 4-C.

State Authority Contracts
Monday through Friday
866-370-4672
ITServiceDesk@osc.state.ny.us