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The purpose of this bulletin is to provide guidance with respect to the publication of grant opportunities.
Effective March 1, 2009 the Department of Economic Development (DED) will once again publish grant opportunities in the Contract Reporter to comply with the publication requirements of Article 4-C of the Economic Development Law.
OSC has previously determined that publication of grant opportunities in the State Register will constitute “substantial compliance” with the publication requirements of Article 4-C, section 145 of the Economic Development Law. As a result, any grant opportunity that is published in the Contract Reporter or State Register will be considered to have satisfied the publication requirements of Article 4-C. However, best practice encourages use of the Contract Reporter for publication of grant opportunities.
Note that while a procuring State agency satisfies the publication requirements of Article 4-C by publication in the Contract Reporter or State Register, it remains the procuring State agency's responsibility to ensure adequate competition for all competitive grants. As with any procurement, the failure of the State agency to obtain reasonable competition may cause OSC's Bureau of Contracts to withhold approval of any resulting contract and thereby necessitate a new procurement with more extensive outreach efforts.
The frequency of publication and the larger distribution of the Contract Reporter ensures that grant procurement opportunities will be distributed to the greatest number of potential applicants.
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