Section 316.4. Contracting and purchasing materials, supplies, equipment, services and construction.

[(e) External agency contract and purchase order approvals.

(1) Contracts and purchase orders up to $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 $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 $250,000.

(4) For those campuses which have been determined by the Vice Chancellor 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 $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.]

The proposed rule will revise the University’s purchasing and contracting regulations to conform to amendments made to Article 8 of the Education Law by the enacted 2011-12 State budget. No person is likely to object to the adoption of the rule as written because the proposed amendment makes technical changes and is otherwise non-controversial.

No job impact statement is submitted with this notice because the proposed rule does not impose any adverse economic impact on existing jobs, employment opportunities, or self-employment. This regulation governs purchasing and contracting for State University of New York and will not have any adverse impact on the number of jobs or employment.