The Infrastructure Investment Act¹ (“the Act”) allows for a design-build contract, an alternative delivery method, for capital projects² located in New York State related to physical infrastructure undertaken by an “authorized state entity” subject to certain restrictions bulleted below.

• New York State Thruway Authority, the New York State Bridge Authority, the New York State Office of General Services, the Dormitory Authority of the State of New York, the New York State Urban Development Corporation, the State University Construction Fund, the New York State Olympic Regional Development Authority and the Battery Park City Authority for capital projects.
• New York State Department of Transportation; New York State Office of Parks, Recreation and Historic Preservation; New York State Department of Environmental Conservation; for capital projects with a total value of not less than $10 million.
• Other specified capital projects of specified contracting entities with a total value of not less than $5 million.³

Contracts authorized by the Act are subject to the Comptroller’s prior approval under State Finance Law §112 or Public Authorities Law §2879-a. Contracts submitted for approval must be accompanied by a procurement record that documents the approach taken in the procurement process and describes why one of the following bases for award was selected:

1. Best Value;
2. Cost Plus Not to Exceed Guaranteed Maximum Price;
3. Lump Sum or;
4. A model incorporating more than one type of pricing element including guaranteed maximum pricing and professional fee for services

OSC is committed to timely review of procurements undertaken pursuant to the Act. However, such procurements are not eligible for the quick contracting program. To ascertain OSC’s support before significant effort is expended in pursuing an alternative delivery method, authorized state entities are strongly encouraged to contact the OSC’s Bureau of Contracts (BOC). At a minimum, BOC recommends authorized state entities request a pre-review of the procurement documents. BOC contact information is available in Chapter I, Section 5 - OSC Bureau Contact Information of this Guide.

¹Part F of Chapter 60 of the laws of 2015, as amended by Part RRR of Chapter 59 of the laws of 2017, Part M of Chapter 39 of the laws of 2019, Part WWW of Chapter 59 of the laws of 2019, Part M of Chapter 39 of the laws of 2019, and Part DD of Chapter 58 of the laws of 2020.

²As defined in SFL Section 2 subdivision 2-a.

³Refer to Part RRR of Chapter 59 of the Laws of 2017 and Part M of Chapter 39 of the Laws of 2019 for details on Authorized Projects/Entities. Projects/Entities.

Guide to Financial Operations

REV. 11/19/2020