PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)

  Replaces previously released version in its entirety

 
4.30. City A, which is not subject to the requirements of State Finance Law §§139-j and 139-k, enters into a technical communication services agreement (referred to as a Master Services Agreement) that permits other entities to also obtain technical services under the Master Services Agreement. The Master Services Agreement does not incorporate the requirements of State Finance Law §§139-j and 139-k. If City B, which is subject to the requirements of State Finance Law §§139-j and 139-k, seeks to obtain technical services under City A's Master Services Agreement, would City B need to comply with the requirements of State Finance Law §§139-j and 139-k? (Last Updated: 2/8/2007)
     

A:  A Governmental Entity (state, public authority or locally created) must comply with all applicable rules when making a purchase from a contract regardless of whether the entity that created the contract was subject to such rules. Therefore, Governmental Entities would be required to comply with applicable requirements for entering into contracts as well as the requirements of State Finance Law §§139-j and 139-k when making a purchase from a contract. For example, public authorities making such purchases would not be bound by the requirements of Article 11, but would be bound by the requirements of State Finance Law §§139-j and 139-k. Therefore, if City B is subject to the requirements of State Finance Law §§ 139-j and 139-k, it would need to comply with those requirements when purchasing from a contract regardless of whether those requirements applied to the entity that created the contract.




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