§ 2879. Procurement contracts. 1. Every public authority and public\nbenefit corporation, a majority of the members of which consist of\npersons either appointed by the governor or who serve as members by\nvirtue of holding a civil office of the state, or a combination thereof,\n(such entities to be hereinafter in this section referred to as\n"corporation") shall adopt by resolution comprehensive guidelines which\ndetail the corporation's operative policy and instructions regarding the\nuse, awarding, monitoring and reporting of procurement contracts.\nGuidelines approved by the corporation shall be annually reviewed and\napproved by the corporation.\n 2. For purposes of this section, procurement contracts shall mean any\nwritten agreement for the acquisition of goods or services of any kind,\nin the actual or estimated amount of five thousand dollars or more.\n 3. The guidelines approved by the corporation shall include, but not\nbe limited to the following:\n (a) A description of the types of goods purchased, and for procurement\ncontracts for services, a description of those areas of responsibility\nand oversight requiring the use of personal services and the reasons for\nthe use of personal services in such areas.\n (b) Requirements regarding the selection of contractors, which shall\ninclude provisions:\n (i) for the selection of such contractors on a competitive basis, and\nprovisions relating to the circumstances under which the board may by\nresolution waive competition, including, notwithstanding any other\nprovision of law requiring competition, the purchase of goods or\nservices from: (A) small business concerns, or sellers of goods or\ntechnology that are recycled or remanufactured, or, for corporations not\ndefined as a state authority in section three hundred ten of the\nexecutive law, those certified as minority or women-owned business\nenterprises in an amount not to exceed five hundred thousand dollars\nwithout a formal competitive process, and (B) for corporations defined\nas a state authority in section three hundred ten of the executive law\nthose certified as minority or women-owned business enterprises and\nservice-disabled veteran-owned business enterprises for any state\nauthority as defined in section forty of the veterans' services law, in\nan amount not to exceed one million five hundred thousand dollars\nwithout a formal competitive process;\n (ii) describing when the award of procurement contracts shall require\napproval of the board by resolution, provided that any contract\ninvolving services to be rendered over a period in excess of one year\nshall require the approval of the board by resolution and an annual\nreview of the contract by the board;\n (iii) setting forth responsibilities of contractors;\n (iv) as used in this subparagraph, the term "professional firm" shall\nbe defined as any individual or sole proprietorship, partnership,\ncorporation, association, or other legal entity permitted by law to\npractice the professions of architecture, engineering or surveying.\n The corporation shall not refuse to negotiate with a professional firm\nsolely because the ratio of the "allowable indirect costs" to direct\nlabor costs of the professional firm or the hourly labor rate in any\nlabor category of the professional firm exceeds a limitation generally\nset by the corporation in the determination of the reasonableness of the\nestimated cost of services to be rendered by the professional firm, but\nrather the corporation should also consider the reasonableness of cost\nbased on the total estimated cost of the service of the professional\nfirm which should include, among other things, all the direct labor\ncosts of the professional firm for such services plus all "allowable\nindirect costs," other direct costs, and negotiated profit of the\nprofessional firm. "Allowable indirect costs" of a professional firm are\ndefined as those costs generally associated with overhead which cannot\nbe sp
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