N.Y. Comp. Codes R. & Regs. tit. 21 § 2054.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 2054.4 - Selection of outside contractors

Selection of all outside contractors shall be made on a competitive basis, except in the following circumstances: the president, or the responsible official after consultation with the president, shall have determined that:

(a) the need to obtain high quality goods or services, or continuity of supply of goods or services, or goods or services having unique or extraordinary features or time requirements substantially outweighs possible cost savings from selection on a competitive basis; or

(b) the corporation has other cost control procedures to protect the corporation from paying more for goods or services than necessary. The foregoing shall not be construed to affect any requirements for competitive bidding, or for giving notice of proposal solicitation, which may be binding on the corporation under applicable law. Where selection is made on a competitive basis, the responsible officer shall request proposals from at least three outside contractors known to have experience in providing the type of goods or services in question. Where the total value of the contract is likely to exceed $10,000, the proposals shall be in writing. Proposals shall be evaluated on the basis of all relevant factors, which in any instance may include the outside contractor's experience, reputation, technical qualifications, financial condition, past performance, size, quality and availability of staff, identity of supervisory personnel, possible conflicts of interest, proposed scope of work and proposed fee, cost or commission. No single factor shall necessarily be controlling and the outside contractor submitting the proposal which is most favorable on an overall basis shall be selected, except that the president, or the responsible official after consultation with the president, may reject all proposals if he considers such action in the best interest of the corporation.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 2054.4