(1) Up to [$30,000] $50,000, a campus may purchase commodities or services directly from a responsible vendor of its choice without formal competitive bidding. While no competitive bidding is required, a campus should take the steps necessary to ensure that prices are reasonable.

(2) Over [$30,000] $50,000 up to [$75,000] $125,000, a campus must solicit a minimum of three informal quotations or proposals from responsible vendors.

(3) Over [$75,000] $125,000, a campus must solicit a minimum of five sealed bids or proposals.

(4) The following types of contracts/purchases are exempt from the above bidding requirements:

(i) purchases from existing New York State Office of General Services centralized State contracts;

(ii) sole source, single source or emergency contracts;

(iii) contracts under which the university provides consideration other than money;

(iv) Intercollegiate Athletics NCAA Division 1 Program procurements up to [$150,000] $250,000, upon written determination that competition is not feasible due to the unique nature of the program or circumstances. Such determination must be consistent with standard NCAA Division 1 practices used for intercollegiate athletics programs nationally. The selection must be justified and the prices demonstrated to be reasonable and competitive;

(v) purchases not exceeding [$50,000] $125,000 from small business and certified minority-and women-owned business enterprises, and of a commodity or technology that is recycled or manufactured, provided that the campus shall purchase from a responsible vendor and should take steps necessary to ensure that prices are reasonable; and

(vi) the purchase of New York State labeled wine, produced by a winery licensed in accordance with the requirements of section 76 of the Alcohol Beverage Control Law shall be exempt from competitive requirements, regardless of amount. For the purposes of this subparagraph, New York State labeled wine is made from grapes, at least 75 percent of the volume of which were grown in New York State.

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(e) External agency contract and purchase order approvals.

(1) Contracts and purchase orders up to [$150,000] $250,000 shall require no prior approval by any State agency in order to be binding on the State University, subject to the following exceptions:

(i) a bid protest has been received prior to the time the contract or purchase order is fully executed;

(ii) the apparent low bid or best value is not selected;

(iii) the award is not made in accordance with the provisions of the IFB or RFP; or

(iv) a single or sole source procurement.

(2) In the case of the exceptions in subparagraphs (1)(i)-(iv) of this subdivision, the prior approval of the Attorney General and the Office of the State Comptroller, but no other State agency, will be required for contracts in excess of [$75,000] $125,000.

(3) For all intercollegiate athletics NCAA Division 1 agreements, the exceptions in subparagraphs (1)(i)-(iv) of this subdivision shall not apply, and no approval shall be required by any State agency for such transactions up to [$150,000] $250,000.

(4) For those campuses which have been determined by the Vice Chancellor [for Finance and Business] and Chief Financial Officer to lack adequate internal controls, the approval of the Attorney General and Office of the State Comptroller, but no other State agency, will be required for all contracts and purchase orders (other than intercollegiate athletics NCAA Division I agreements) in excess of $50,000, or in excess of $75,000 for hospital contracts and purchase orders, until such time as the adequacy of internal controls can be certified.

(5) Contracts exceeding [$150,000] $250,000 are subject to the approval of the Attorney General and the Office of the State Comptroller, after consultation with, but not prior approval of, any other State agency, in order to be binding on the State University.

(6) The approval of the Office of the State Comptroller is required for contracts where the State University provides consideration other than money having a reasonably estimated value in excess of $10,000.

(7) Contracts for the acquisition of facilities suitable for the delivery of health services by purchase, lease, sublease, transfer of jurisdiction or otherwise, and for the repair, maintenance, equipping, rehabilitation or improvement of any such facilities, shall be subject to the prior approval of the Attorney General, Director of the Budget and the Office of the State Comptroller, regardless of amount.

This rulemaking change will not be of interest to any public or private entity because Education Law section 355 (5) (a) (i) provides that the State University Trustees are authorized, after consultation with the Office of General Services, to annually enter negotiations with the Office of the State Comptroller for the purpose of increasing the contract dollar thresholds set forth in such section. The proposed changes are the direct result of consultation with the Office of General Services and negotiations with the Office of the State Comptroller.

No job impact statement is submitted with this notice because this proposal does not impose any adverse economic impact on existing jobs or employment opportunities. The proposal addresses an agreement between SUNY and the Office of the State Comptroller.