New York Public Hearings On Contract Awards.
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§ 326. Public hearings on contract awards. a. Prior to entering into
any contract for goods, services or construction to be awarded by other
than competitive sealed bidding or competitive sealed bids from
prequalified vendors, the value of which exceeds one hundred thousand
dollars, the agency shall upon reasonable public notice conduct a public
hearing to receive testimony regarding the proposed contract.
Notwithstanding the preceding sentence, if within a period of time after
such notice, which period of time shall be determined by the procurement
policy board, no individual requests an opportunity to speak at such a
public hearing with respect to any such proposed contract the value of
which does not exceed one million dollars, then such public hearing need
not be conducted. The procurement policy board may by rule exempt from
this public hearing requirement contracts to be let which do not differ
materially in terms and conditions, as defined by the board, from
contracts currently held by the city where the parties to such contracts
are the same; provided, that under no circumstance may such exemption
apply to any contract in value exceeding ten million dollars.
b. The requirements of this section shall not apply to any procurement
(i) let pursuant to a finding of an emergency under section three
hundred fifteen, (ii) required to be made on an accelerated basis due to
markets which experience significant, short-term price fluctuations, as
identified by rule of the board, or (iii) where a public hearing would
disclose litigation strategy or otherwise impair the conduct of
litigation by the city.