New York Planning And Notification.
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§ 325. Planning and Notification. a. Agencies that award client
services contracts shall produce a draft and final plan and schedule
detailing anticipated contracting actions for the upcoming fiscal year,
and shall hold at least one public hearing each year immediately
following the release of the draft plan and schedule to receive
testimony regarding the plan and schedule. The draft and final plan and
schedule shall include, but not be limited to: the type of services to
be provided, the authorized maximum amount of funding associated with
the program, the authorized number of contracts to be let for a
particular program, the month and year of the next planned competitive
solicitation. Failure to include a contract in the plan and schedule
issued pursuant to this section shall not be grounds for invalidating
the contract. The procurement policy board shall promulgate rules
governing the issuance of the draft and final plans and schedules, which
shall ensure that the draft plan and schedule is issued promptly
following the submission of the executive budget and that the final plan
and schedule is issued no later than September thirtieth each year.
b. Pursuant to rules of the procurement policy board, each agency
shall
1. for each category of goods, services or construction which is
regularly procured by the agency, periodically publish in the City
Record a notice soliciting the names of vendors interested in being
notified of future procurement opportunities in each such category,
2. for each category of goods, services or construction for which the
agency prequalifies vendors for future procurement, periodically publish
in the City Record a notice soliciting the names and qualifications of
vendors interested in being considered for prequalification for such
category, and
3. publish in the City Record, and where appropriate, in newspapers of
city, state or national distribution and trade publications, notice of
(a) the solicitation of bids or proposals pursuant to section three
hundred thirteen and three hundred seventeen through three hundred
twenty-two, where the value of a contract is estimated to be above the
small purchase limits, except where the agency has determined pursuant
to section three hundred eighteen or three hundred twenty that
solicitation should be limited to prequalified vendors,
(b) the award of a contract exceeding the small purchase limits in
value. Each such notice of award shall indicate the name of the
contractor, the dollar value of the contract, the procurement method by
which the contract was let, and for contracts let by other than
competitive sealed bidding, a citation of the clause of subdivision b of
section three hundred twelve pursuant to which a procurement method
other than competitive sealed bidding was utilized.
c. The procurement policy board, in consultation with the commissioner
of general services, shall promulgate rules providing for the
publication and content of notices of contract actions required by this
chapter. Such rules shall include provisions regarding,
i. the timing and frequency of notices,
ii. required duration of solicitation periods,
iii. the form and content of notices, including the organization and
presentation of such notices within standard categories of goods,
services and construction which are sufficiently detailed to provide
meaningful distinctions among categories.
d. The notice required by subparagraph a of paragraph three of
subdivision a of this section shall not apply to contracts awarded on an
emergency basis pursuant to section three hundred fifteen, provided that
the agency shall, as soon as is practicable, publish notice that such a
contract has been entered into, pursuant to rules of the procurement
policy board, nor shall such notice requirements apply where the notice
would disclose litigation strategy or otherwise impair the conduct of
litigation by the city.