New York Laws
Title 4 - Contracts of Public Authorities
2879-A - Comptroller Approval of Contracts.

§ 2879-a. Comptroller approval of contracts. 1. Except as set forth in
subdivision three of this section, where the comptroller determines
pursuant to his or her authority to supervise the accounts of public
corporations, that contracts or categories of contracts in excess of one
million dollars (a) to be awarded by a state authority to a single
source, a sole source or pursuant to any other method of procurement
that is not competitive, or (b) which are to be paid in whole or in part
from monies appropriated by the state to a state authority for such
contractual expenditure, require supervision in the form of prior review
and approval of such contracts, and the comptroller so notifies such
authority of such determination, then any such contract entered into
subsequent to such notification shall be submitted to the comptroller
for his or her approval and shall not be a valid enforceable contract
unless it shall first have been approved by the comptroller. Such
notification shall identify the process for submission, the categories
of contracts at issue and the time period for which such submission is
to take place. The comptroller shall promulgate such rules and
regulations as may be necessary to carry out his or her responsibilities
under this section, including but not limited to the standards for
determining which contracts will be subject to his or her review and for
approving such contracts.

2. Where the comptroller, pursuant to subdivision one of this section,
has notified a state authority that any contract or category of
contracts shall be subject to his or her approval, such authority shall
include or cause to be included in each such contract a provision
informing the other party that such contract is subject to the
comptroller's approval pursuant to the comptroller's authority to
supervise the accounts of public corporations. If the comptroller has
not approved or disapproved any contract subject to his or her approval
within ninety days of submission to his or her office, such contract
shall become valid and enforceable without such approval.

3. This section shall not apply to: (a) contracts entered into for the
issuance of commercial paper or bonded indebtedness, other than
contracts with the state providing for the payment of debt service
subject to an appropriation; (b) contracts entered into by an entity
established under article ten-C of this chapter that are for: (i)
projects approved by the department of health or the public health
council in accordance with articles twenty-eight, thirty-six or forty of
the public health law or article seven of the social services law; (ii)
projects approved by the office of mental health, the office for people
with developmental disabilities, or the office of alcoholism and
substance abuse services in accordance with articles sixteen,
thirty-one, or thirty-two of the mental hygiene law; (iii) services,
affiliations or joint ventures for the provision or administration of
health care services or scientific research; (iv) payment for direct
health care services or goods used in the provision of health care
services; or (v) participation in group purchasing arrangements; (c)
contracts entered into for the procurement of goods, services or both
goods and services made to meet emergencies arising from unforeseen
causes or to effect repairs to critical infrastructure that are
necessary to avoid a delay in the delivery of critical services that
could compromise the public welfare; (d) contracts of purchase or sale
of energy, electricity or ancillary services made by an authority on a
recognized market for goods, services, or commodities in question in
accordance with standard terms and conditions of purchase or sale at a
market price; (e) contracts for the purchase, sale or delivery of power
or energy, fuel, costs and services ancillary thereto, or financial
products related thereto, with a term of less than five years; and (f)

contracts for the sale or delivery of power or energy and costs and
services ancillary thereto for economic development purposes pursuant to
title one of article five of this chapter or article six of the economic
development law, provided, however, that the authority shall file copies
of any such contract with the comptroller within sixty days after the
execution of such contract.

4. The provisions of this section do not grant or diminish any power
or right to review contracts beyond or from that which the comptroller
may have pursuant to his or her authority to supervise the accounts of
public authorities. If any provisions of this section or its application
to any person or circumstance is held invalid by a court of last resort,
then this section shall be deemed to be invalid in its entirety.