I.         General

 

Definitions:

 

a.       Professional Firm – an individual or sole proprietorship, partnership, corporation, association or other legal entity permitted by law to practice the professions of architecture, engineering, landscape architecture or surveying in the State of New York.

 

b.       Consultant Service Agreement – a contract in which a Professional Firm, or technically qualified individual or entity, is hired to provide assistance in the execution of a project or study, related to campus facilities, facility system(s), utility(ies), utility system(s), site improvements, or components of any of the above.

 

c.       SUCF – State University Construction Fund.

 

d.       AG – Attorney General of the State of New York.

 

e.       OSC – Office of the State Comptroller.

 

f.    NYSCR – New York State Contract Reporter

 

This procedure has emergency and NYSCR exemption provisions, provided that certain criteria are met and appropriate written justification/substantiation is provided (see Section VI).

It is the University's policy to take affirmative action to ensure that New York State certified minority- and women-owned business enterprises ("M/WBEs") are given the opportunity to demonstrate their ability to provide the University with construction services at competitive prices. To ensure compliance with NYS Executive Law Article 15-A, see requirements outlined in document 7557 (Participation by Minority Group Members and Women (MWBEs) with Respect to State University of New York Contracts).

II.         Consultant Service Agreements – General

 

A.         Types of Agreement:  Four different types of agreements exist to initiate consultant service work – an explanation of each is as follows:

 

1.         Lump Sum Agreement with no associated construction cost:  The submission of a lump sum cost by a professional or technically qualified firm  or entity for the preparation of a study; or, the submission of a lump sum cost by a professional firm for limited design services.  The latter can be for the preparation of construction documents for work to be accomplished through bidding or by campus staff. The cost of this type of lump sum agreement must be justified by means of a standard multiplier calculation.

 

2.         Cost Plus Fixed Fee Agreement:  The negotiation of hourly rates with a professional firm for the preparation of a program study or for construction documents (with possible related services) for work to be accomplished through bidding or by campus staff.  This type of contract shall have a maximum, not-to-exceed dollar value and a term of not more than two years.  The campus must define all of its deliverables in the terms of the contract and must specify documentation requirements for payments to be made in the terms of the contract. The intent of this kind of agreement is to provide professional services for a small project with a clearly defined scope of work. The cost of this type of agreement must be justified by means of a standard multiplier calculation.

 

3.         Lump Sum Agreement with an associated construction cost:   An agreement with a professional firm for the preparation of construction documents (with possible related services) for a defined scope of work that has an associated construction cost and for which work will be accomplished through bidding or by campus staff.  Compensation for services provided is negotiated.  The negotiated lump sum will be paid to the consultant based on the completion of the deliverables.  The cost of the agreement may be justified by the use of a standard multiplier or by a comparison to the current Construction Fund Fee schedule based on the construction cost.

 

4.         Term Agreement:  Use of a pre-awarded Agreement for design services for the preparation of construction documents and/ or  contract administration (with possible related services).  Term agreements limit competition and the maximum term allowed is three years with no provision for renewal.   Prior to advertisement, term contracting must first be approved by OSC. Requests for term contracting must be sent to OSC with the following information:  The dollar value of the campus’s annual budget for consultant work, the number of consultant contracts processed each year, the average dollar value of consultant contracts processed each year, and the percentage of the annual budget for consultant work that the campus plans to put on the term agreement.  A term agreement may be requested when a particular campus has a need to do the same scope of work over and over again and it can be determined that one consultant is the most qualified to do this work.  In cases where a campus has many small projects for a relatively low dollar value, a “backdrop term agreement” (also called a “regional term agreement”) may be used.  Backdrop term agreements involve the selection of four to six firms to serve as a “backdrop” of consultants and a mini-selection process is used to determine the most qualified consultant for each job.  This mini-selection process ensures that the campus stays in compliance with the tenents of State Finance Law 136a, which requires that the most qualified consultant be selected for each scope of work.  The maximum value of any construction project associated with consultant activity undertaken under a backdrop term agreement is $500,000 and the maximum term is three years.

 

All term agreements are campus specific.  Consultation with University Counsel is strongly recommended.  The prior approval of OSC to use term contracting is required.  All task orders/amendments processed to term agreements must have the prior approval of the Office of the State Comptroller. Contact OSC for documentation requirements related to term agreements.

 

            B.         Source Listing of Potential Consultants:

 

1.         In addition to advertising, all campuses should maintain their own listing of Professional Firms and individuals or utilize the listing maintained by the State University Construction Fund (SUCF) and should mail out RFQ’s to these firms as appropriate.  

 

2.         While NYS Education Law allows for use of non-licensed individuals/entities in limited circumstances (see Procedure 7554 Section I.A), in general, all individuals or firms selected to do work for a campus should be licensed.

           

C.         Consultant Selection:

 

1.         The basis for selection on all of the above agreement types shall be demonstrated competence and qualification for the type of service required.

 

2.         Qualifications submitted shall be evaluated by a panel consisting of a minimum of three campus staff for agreements with a fee exceeding $25,000.  The same shall be ranked and awarded using numerical ratings based on the standards indicated below (reference Form CS-4):

 

            a.         Principal’s Experience

            b.         Staffing ratio/length of service

            c.         State Agency experience

            d.         Prior SUNY/Educational experience

            e.         Design/Technical experience

            f.          MBE-WBE status/staffing

            g.         Other (e.g. licenses).

 

           

            D.   General Requirements

 

All consultant agreements must specify a term, identify a not-to-exceed amount and explicitly identify the scope of services and deliverables.  The fee for all services must be negotiated.  Although the current Construction Fund Fee Schedule may be used as a benchmark by a campus when it is negotiating a fee, the Construction Fund Fee Schedule may not be included in the terms of the agreement, nor may it be presented to a prospective consultant. In accordance with the provisions of State Finance Law 136a, all fees must be negotiated.

 

E.   Consulting Services Reporting:  State Finance Law Sections 8 and 163 require that State contractors disclose by employment category, the number of persons employed to provide services under a contract for consulting services, the number of hours worked and the amount paid to the contractor by the State as compensation for work performed by these employees (Form A). This includes information on any persons working under any subcontracts with the State contractor.  The campus must also report actual expenditures on consultant contracts on an annual basis (Form B) and language regarding this requirement must be included in the contract terms.  See the State Comptroller’s G-Bulletin 226 and Section I P of Purchasing and Contracting Procedure (Item #7553) for further details.

III.        Rules and Regulations Governing Lump Sum, Cost Plus Fixed Fee and Term Consultant Service Agreements Not Exceeding $25,000

 

            Agreements in this category do not require pre-approval by the Attorney General (AG) and the Office of the State Comptroller (OSC).  They may be signed on behalf of the University by the campus President or President’s designee.

 

            Under the provisions of State Finance Law Section 136a, consultant contracts for architect, engineering and surveying services under $25,000 are not required to be awarded to the most qualified firm and may be competitively bid.  However, due to the nature of consultant agreements, oftentimes there are unforeseeable circumstances and amendments to these contracts  made based on unforeseeable circumstances, causing the contract value to exceed $25,000.  Consequently, It is recommended that all contracts subject to the provisions of State Finance Law 136a be awarded to the most qualified consultant unless the campus is absolutely certain that the amount of the contract will never exceed $25,000. Campuses must be able to demonstrate that the consultant selected has the competence and qualifications for the type of service required, and that the cost is reasonable either by a low-bid process or using a standard multiplier. 

 

            Projects with a value of $10,000 or more must be advertised in the New York State Contract Reporter in the manner described in the procedures, “Purchasing and Contracting Procedures.”

 

SUNY Exhibit A must be attached to and incorporated into the contract.

 

A.         Payments:  On Form CS-6 and at the payment interval indicated in the Agreement, submit the following to OSC:

 

1.         A computer generated Batch Transmittal (Form AC 2387), with Batch Type Code (EFL), with Purchase Order attached.  The batch transmittal is not a required document if the campus supplies a contact person and phone number on the batch control list in case of questions.

 

2.         A computer generated Batch Transmittal (Form AC 2387), with Batch Type Code (KPV, VO1 or VO2 depending on the amount of the payment), with a computer generated Standard Voucher (Form AC-92) attached. The batch transmittal is not a required document if the campus supplies a contact person and phone number on the batch control list in case of questions.

 

            Note – a minimum of two (2) business days must elapse between the entry of a Batch Transmittal for the Purchase Order (encumbrance) and a Batch Transmittal for a Standard Voucher (expenditure).

 

3.         Error-free Batch Control Listings (BCL’s) for 1 and 2 above.

 

If more than two (2) payments are to be made to the consultant, payment procedures will vary (see Section VI, Part C).

IV.        Rules and Regulations Governing Consultant Service Agreements Exceeding $25,000

 

            A.         Overview of Pre-Solicitation Review/Contract Approval Process:

 

                        1.         Assemble the Request for Qualifications (CS-1) and the evaluation (ranking)

                                    forms (CS-4).

 

                        2.         Request qualifications from a minimum of five consultants using Form CS-3.

 

3.         Except for agreements for which advertising is not feasible, the campus shall advertise for the services in the New York State Contract Reporter and local publications as appropriate and solicit responses ( see Section VI, Part F).  Exemptions from advertisement in the New York State Contract Reporter must be requested and receive the prior approval of OSC.

 

                        4.         Select the consultant per Section IV, Part D.

 

5.         Forward a Letter of Intent (Form CS-13) to the successful consultant requesting proof of insurance and required signatures, Vendor Responsibility, Lobbying Law, and Consultant Law requirements must be followed over each of their applicable thresholds.  See OSC G-Bulletins G-221, G-224, and G-226 for references and standard forms.

 

6.         For contracts requiring Attorney General and OSC approval (see Section IV, Part F):

 

                                                               i.      Have five copies of the Agreement signed by the consultant and the campus.

 

                                                             ii.      Retain one copy of the signed Agreement plus all support material(procurement record) and forward one complete copy of the agreement and three signature pages and the original copy of the procurement record to the Attorney General's Office.

 

                                                            iii.      Include a cover letter with the materials sent to the Attorney General’s Office, requesting that the Attorney General will forward all materials to the Office of the State Comptroller. Also include a cover letter for the State Comptroller’s Office, requesting approval of the contract and listing the designated contact person with their phone number and e-mail address.

 

                                                            iv.      After review and approval, the Comptroller will retain one original copy of the fully executed Agreement and the procurement record and will return three approved copies of the signature pages directly to the campus.

 

7.   The campus will retain two file copies of the agreement (one at the Business Office and one at the Facilities Office) and send one copy to the consultant.

 

            B.         Required Solicitation Documents:

 

1.   The Request for Qualifications (Form CS-1)

2.  Agreement (Form CS-11)

3.   Evaluation Forms/ Ranking Sheets (Form CS-4)

4.   Summary of Ranking Sheets

5.   Certified (signed) copy of Long List (All firms responding to RFQ)

6.   Certified copy of Short List (Shortlisted firms showing final ranking)

7.   Consultant Services Affirmative Action Package

8.  Vendor Responsibility Questionnaire, certification and profile (if appropriate)

9.  Procurement Lobbying Forms

10. Consultant Disclosure Forms

 

            C.         Solicitation of Requests for Qualification:

 

1.         Using Form CS-3, request qualifications from a minimum of five (5) consultants on file with the campus or SUCF or, if appropriate, employ Emergency or NYSCR exemption procedures.

 

Note:  Agreements over $10,000 must be advertised in the New York State Contract Reporter unless granted an exemption by OSC; Agreements over $20,000 must be individually advertised in the same, unless granted an exemption by OSC (see Section VI, Part F).

 

2.         Submissions from both professional firms and technically qualified individuals/entities may also include any appropriate materials the consultants judge relevant to support their selection.

 

            D.         Award:

 

1.         Qualifications for both professional firms and technically qualified individuals/entities shall be evaluated by the campus utilizing Form CS-4, see Section II, part C above.

 

2.         The campus shall negotiate a contract with the most qualified consultant at a fee which it determines, in writing, to be fair and reasonable for the services rendered.  Cost justification will be made by means such as a standard multiplier or by reference to the current Construction Fund fee schedule.

 

3.         If the fee arrived at is not deemed fair and reasonable, or if negotiations with the most qualified consultant fail to reach a satisfactory conclusion, the negotiation process can be formally terminated and negotiations may proceed with the second most qualified consultant.  Negotiations must be formally terminated, in writing.

 

4.         Once the campus has begun to negotiate with the second most qualified consultant, the first may no longer be considered.  If negotiation with the second most qualified bidder is not successful, either the process may be terminated or negotiations may proceed sequentially between the campus and the third, fourth, fifth, etc. most qualified consultant in a similar fashion, until a satisfactory Agreement is reached, but the campus may never go back to a firm it previously negotiated with.

 

5.         SUNY Exhibits A and A-1 should be attached to and incorporated into the resulting contract as appropriate.

 

            E.         Documents to be kept on File by the Campus:

 

                        1.         The Request for Qualifications (RFQ), Form CS-1.

 

2.         A copy of the advertisement in the Contract Reporter if the fee is $10,000 or more, or an OSC-approved exemption from advertising.

 

                        3.         The responses to the Request for Qualifications.

 

4.         The ranked list of consultants responding to the request, including the long list, the short list, individual ranking and summary sheets

.

                        5.         Campus award recommendations.

 

6.         Justification or explanation for two or fewer responses if applicable (see Section VI).

 

7.         A copy of the consultant’s Compensation and Liability Insurance coverage in the amount and types required by the Agreement attached to the RFQ on Form CS-12.

 

                        8.         A copy of the Project Justification.

 

            F.         Attorney General and OSC Approval:

 

1.           For those campuses which have adequate controls, consultant contracts up to $250,000 shall require no prior approval by any state agency.

 

2.           For those campuses which lack adequate controls, the approval of the attorney general and OSC, but no other state agency, will be required for all consultant contracts in excess of $50,000, or in excess of $75,000 for hospital contracts, until such time as the adequacy of internal controls can be certified.

 

3.           Contracts exceeding $250,000 are subject to the approval of the Attorney General and OSC, after consultation with, but not prior approval of, any other state agency.

 

G.         Documents to be submitted for contracts requiring AG and OSC approval:

Forward the documents indicated below, in the sequence and quantity noted, to the AG and OSC.

 

1.         Transmittal letter to the Attorney General, original and one copy.

 

2.         Transmittal letter to the Office of the State Comptroller, original and one copy.

 

3.         A computer generated Contract Request (AC 340), batch type “TQM” hard copy original. TQM construction needs to be a "D" prefix.

 

4.         The batch transmittal is not a required document if the campus supplies a contact person and phone number on the batch control list in case of questions.

 

5.         An error free Batch Control Listing (BCL), batch type “TQM” hard copy original.

 

6.         Campus award recommendations and explanation for two or fewer responses, if applicable.

 

7.         The response to the Request for Qualifications (Form CS-1) submitted by the successful consultant – one copy.

 

8.         Certified copies of the long list and the short list of ranked consultants responding to the Request for Qualifications – one copy. Individual ranking sheets and summary sheet, one copy each.

 

9.         The advertisement in the Contract Reporter, or a copy of an OSC-approved Contract Reporter exemption.  – one copy.

 

10.        The Letter of Intent (Form CS-13) – one copy.

 

11.        A copy of the Project Justification – one copy.

 

12.        The following in connection with Procurement Lobbying Law:

 

                                                                     i.            Vendor’s Affirmation of Understanding of and Agreement pursuant to State Finance Law §139-j(6)(b)

 

                                                                   ii.             Vendor’s Disclosure and Certification with respect to State Finance Law §139-k(5)

        iii.           Governmental Entity Representation Concerning Compliance with State Finance Law Sections 139-j and 139-k (OSC Form) 

                                                                   iv.            Record of Contacts

 

                                                                    v.            Termination Clause Specific to Lobbying Law in Contract Document

 

                                                                  vi.            Copy of agency procedures, summary of procedures and designated contract person that was sent to prospective consultants.

 

13.        The following forms in connection with Vendor Responsibility

 

                                                                  i.               Vendor Responsibility Questionnaire (if appropriate)

 

                                                                ii.               Vendor Responsibility Profile

 

                                                               iii.               Agency Certification and supporting documentation of Vendor Responsibility

 

14.         Consultant Law Requirement “State Consultant Services Contractor’s Planned Employment From Contract Start Date Through the End of the Contract Term” (Form A). In the contract agreement, annual reporting requirements (Form B) must be noted.

 

15.        One originally signed copy of the Agreement (Form CS-11) and three additional originally signed signature pages.

 

Contract work should not begin until all necessary approvals are received.  Authorizing the start of work before all approvals are received is beyond the scope of a State employee’s authority, and the employee may be held personally liable for the cost of the work completed in this circumstance.

 

H.         Payments to the Consultant:  With Form CS-6 and at the payment interval indicated in the Agreement, submit the following to the Office of the State Comptroller:

 

            1.         A properly executed Standard Voucher (Form AC 92).

 

2.         A computer generated Batch Transmittal (Form AC 2387), Batch Type Code  VCC for consultant studies and VCD for consultant construction related agreements.  The batch transmittal is not a required document if the campus supplies a contact person and phone number on the batch control list in case of questions.

 

3.         An error-free Batch Control List (BCL).

 

V.         Rules regarding Consultant Term Agreements and backdrop Term Agreements

 

All task orders completed under these agreements are subject to the prior approval of the AG and OSC.  For back-drop term agreements, the standardized forms for task orders need only be reviewed by the AG once. Authorization for a consultant to proceed after the necessary approvals are received must be given by the campus individual responsible for the funding source, using Form CS-7. 

VI.        General Requirements for All Categories

 

A.         NYSCR exemption:  A waiver of competitive solicitation and prior publication in the Contract Reporter is allowed provided that adequate documentation is provided to support the declaration that advertisement in the NYSCR is not feasible, the declaration is signed by the campus President, or President’s designee, reasonableness of price is established and advance approval is obtained from OSC. The campus must document for OSC 1.) that the selected consultant is the most qualified firm or individual to complete the project and would be selected to do the work even in the event the project were advertised, and 2.) the basis for the determination of reasonableness of cost.  Consultation with University Counsel is strongly recommended in this situation. 

 

B.         Two or Fewer Responses:  It is imperative, when only one or two responses are received from an RFQ that the campus demonstrates that all reasonable steps were taken to ensure that competition was maintained and reasonableness of price was established.  When two or fewer responses are received, the following steps must occur and be documented in writing:

 

1.         Review the Request for Qualifications and determine if it contained any restrictive, unclear, and/or ambiguous content which would have caused limited competition.

 

2.         Determine if sufficient time was provided to enable proper preparation and submission of responses.

 

                        3.         Determine if any other reason may have inhibited responses.

 

If any of the above conditions exist, or if there is any other irregularity, the solicitation must be re-advertised and the process must be repeated.  If none of the above conditions exist, the project may be awarded subject to OSC approval.  Proper documentation addressing each of the above steps must be provided and included with either the payment request to OSC or in the contract approval package, as appropriate.

 

C.         Multiple Payments for Projects not Exceeding $25,000:  OSC will not accept more than two (2) Standard Vouchers (AC 92’s) for any work encumbered by Purchase Order.  Therefore, an AC 340 must be used to encumber funds and a “TXXXXX” contract number assigned to any Purchase Order contract requiring more than two (2) payments.

 

D.         Amendments – All Funding/Dollar Categories:  If during the course of the work, unforeseen conditions arise which alter the Agreement or the Scope of Services, a formal change must be initiated.  Changes will not be allowed that increase the scope of services beyond the confines of the original project intent or significantly increase the consultant’s fee unless extraordinary circumstances exist mandating this action.

 

If the change alters a condition of the Agreement it must be issued as a Contract Amendment and be sent to the AG and OSC for prior approval.  If the change is within the original Scope of Work and alters the Scope of Work of a project being designed, it must be issued as a Contract Amendment and be sent to the AG and OSC for prior approval.  This holds true for any campus-initiated consultant service agreement. 

 

Sequentially number each Contract Amendment.

 

Changes will be initiated in the following manner:

 

                        1.         Funding Approval

 

After conferring with the consultant, provide a written description of the proposed change, the reason for the change, and its impact on the project budget and basic fee to the campus individual responsible for the project.  Have the responsible individual countersign the above.

 

                        2.         Amendment Approval

 

Amendments to campus initiated Consultant Agreements will be signed on behalf of the University by the campus President or President’s designee. 

 

a.         Send six copies of the proposed Contract or Project Amendment to the consultant on Form CS-14 for signature.  Retain one copy in case of loss.

 

b.         Transmit one full copy of the agreement, the procurement record, and four signature pages to the standard AG transmittal letter.  Attach one copy of the funding approval letter, a revised AC 340, AC 2387 and BCL.  In the cover letter to the AG, specify that the AG should forward the package to OSC once AG review and approval is complete.

 

c.         After review and upon approval, OSC will return one fully executed agreement, four signature pages, and a copy of the AC340 back to the campus.   One copy will be forwarded to the consultant and two copies will be retained by the campus (one for the Business Office and one for the Facilities Office).

 

            E.         Emergencies

 

1.         A Construction Emergency is defined as “…damage to, or a malfunction in buildings or property of the State of New York caused by an unanticipated, sudden and unexpected occurrence which involves a pressing necessity for immediate repair, reconstruction or maintenance in order to permit the safe continuation of a necessary public use or function, or to protect the property of the State of New York, or the life, health or safety of any person.”

 

2.         An “Emergency” as it applies to these Procedures shall comply with the above definition in that the circumstances requiring professional assistance shall be “unanticipated, sudden and unexpected” and the situation threatens “the safe continuation of a necessary public use or function, or action is necessary to protect the property of the State of New York, or the life, health or safety of any person.”  Examples are: the failure of a fire alarm system or electrical system, or the discovery of severe structural cracking, etc.

 

            Based on the findings of the consultant hired, a construction emergency may be declared.

 

3.         When an emergency exists, a waiver of the selection process as described in Sections III, IV and V may be allowed with prior OSC approval.  In situations where it is infeasible to advertise in the Contract Reporter, an exemption may be requested from OSC.  It might be infeasible to advertise in the event of an emergency.  In such cases, standard Contract Reporter exemption procedures as noted above must be followed.  Reasonableness of price must be demonstrated and a formal agreement or amendment must be executed and approved by both the AG and OSC before work may begin.

 

            With the exception of how the responses are solicited and the Initiation/Approval Processes indicated below, all other procedures and documentation are the same as those indicated in Sections III, IV, and V for the various project dollar categories.

 

4.         Overview of Initiation/Approval Process for Emergencies:

 

a.         Identify the emergency. Document the time, date, place, location and what occurred.  If applicable, indicate whether the emergency was caused by an insured/non-insured outside entity.  Indicate why it conforms to the above emergency definition and why alternative actions are not viable in this situation.  To the degree possible, estimate the cost of the services.

 

b.         Notify OSC, seek its concurrence, and upon OSC approval initiate a new contract or amend the existing agreement, as applicable.

 

c.         Have the campus President, or President’s designee, approve/sign the written Emergency Justification.  If the estimated value of the design services is in excess of $10,000 ($20,000 if quarterly reported), fax a copy of the Emergency Declaration to OSC to receive an exemption from having to advertise the work in the New York State Contract Reporter.  The text of the Declaration must formally request this exemption.

 

d.         Contact, if feasible, at least three Consultants.  Select the most qualified, negotiate a fee, and process the agreement.  Document for the procurement record the process used to select the firm.

 

e.         Authorize the consultant to proceed with the work.  Verbal authorization must be followed by written authorization.

 

f.          Process the agreement or Letter of Authorization as indicated in either Section III, IV or V; omit the Solicitation process indicated in the Sections.  If the fee is in excess of $25,000, omit steps 1 and 2 in the review/approval portion of Section IV, Part A.

 

Note:  The campus President or President’s designee may sign on behalf of the University for any emergency project.

 

            F.         New York State Contract Reporter:

 

All design services with an estimated value exceeding $10,000 must be advertised in the New York State Contract Reporter.  Design services with a value of $20,000 or more must be advertised in the New York State Contract Reporter on an individual basis in local publications, as appropriate.  Projects with a value exceeding $10,000, but less than $20,000, may be advertised on an individual basis or published on a quarterly listing.

 

Note:  If the fee is estimated to be under $10,000 and is not advertised and the lowest negotiated fee is over $10,000, all proposals must be rejected and the project advertised, unless quarterly advertisement in accordance with the provisions below has taken place.

 

The notice in the New York State Contract Reporter must occur at least fifteen business days in advance of the date on which a proposal is due, unless a shorter period is specifically authorized by law.

 

The latter must contain instructions on how to apply for placement on the campus’s list and how advance notice by mail will be provided to those consultants by the campus.  Upon preparation of a Request for Qualifications, the campus shall notify by mail all consultants that responded to the quarterly listing.

 

For those Requests which were granted an exemption from the pre-award publication requirements (i.e., emergency and contracts where advertising is not feasible), the campus must provide the Office of the State Comptroller with proof confirming that the Department of Economic Development has been requested to publish the notice of the exemption in the New York State Contract Reporter.  The notice must state the reason for the exemption and be placed as soon as practical.