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MANUAL
500-2
SECTION
02.3
SUBMITTALS
TO THE OFFICES OF THE ATTORNEY GENERAL AND THE STATE COMPTROLLER
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BUREAU
OF MANAGEMENT ANALYSIS AND PROJECTS
1. Purpose
The purpose of this procedure is to
provide guidance on the contents of real property transaction contracts and
submittal process for contracts that require approval by the Offices of the Attorney
General (OAG) and the State Comptroller (OSC).
2. Applicable Law
and/or Guidance
New York State Public Authorities Law,
Article 2, Title 9, New York State Thruway Authority, Article 9, Title 5-A
Thruway Real Property Management Policy (
3. Introduction
OAG will review and approve real property
contracts as to form and manner of execution prior to submittal to OSC. OSC must review and approve certain
transactions before they are considered fully executed:
· Disposals of real property or interests
therein where the property value exceeds $10,000;
· Acquisitions of real property or interests
therein where the damages exceed $15,000.
Permits will not be sent to OSC for
review.
4. Procedure
4.1. The Submittal Process
4.1.1. After the real property transaction is authorized by the Board, the
Bureau of Real Property Management (BRPM) shall collect any relevant deposit
from the applicant, and draft the agreement for the transaction.
4.1.2. BRPM shall submit the draft agreement to the Legal Department so
that the General Counsel can assign it for review. The Legal Department shall review the draft
agreement, and return it to BRPM with any necessary revisions. BRPM shall forward the draft agreement to the
applicant for review and comment.
4.1.3. Subject to any change(s) requested by the applicant and approved
by the Legal Department, BRPM shall forward five original counterparts of the
finalized agreement (six, if a lease) to the applicant for execution, and
simultaneously collect the balance of the deposit from the applicant.
4.1.4. Following execution, BRPM shall submit the agreement counterparts,
along with attendant supporting documentation, to OAG for review and approval.
Lease agreements are to be forwarded to OAG’s Contracts Bureau, while all other
agreements are to be forwarded to OAG’s Real Property Bureau.
4.1.5. Following approval by OAG, BRPM shall submit the agreement
counterparts, along with attendant supporting documentation, to OSC for review
and approval.
4.1.6. Following approval by OSC, which will retain one agreement counterpart,
BRPM shall forward one agreement counterpart, along with a transmittal memo, to
the Legal Department; and two such counterparts, along with a transmittal
letter, to the applicant.
4.1.7. Following receipt of an agreement counterpart, the Legal
Department shall arrange for the closing of the transaction. Following such closing, the Legal Department
shall ensure that the Authority receives a certified copy of the instrument following
its recordation in the County Clerk’s Office of the county in which the
property is located. Thereafter, the
Legal Department shall retain one copy of the recorded instrument, forward one
such copy to the Department of Engineering Real Property Unit, and forward the
certified copy to BRPM for retention in the transaction file.
4.2. Contents of the OSC Submittal Package
In order to ensure consistency in submittals,
BRPM shall include the following documentation and information in each
submittal:
● OSC SUBMITTAL COVER LETTER+ stating
the requested contract approval, and enumerating the contents of the submittal;
● All original counterparts of the executed agreement;
● Copy of Board meeting minutes in which resolution approving
transaction is adopted;
+
Exhibit 1
● Copy of the Board agenda item (to serve as executive summary of
transaction);
● Copy of meeting minutes of the Thruway Real Property Management
Committee in which the transaction is recommended;
● Copy of survey map;
● Appraisal(s)
and appraisal review(s);
● Copy of State Environmental Quality Review
Act (SEQRA) determination;
● For negotiations requiring preparation of an explanatory
statement, a copy of the explanatory statement and any comments received regarding
the statement;
● A completed Contract Encumbrance Request (Form AC 340) signed by
the Contracting Officer;
● Copy of CERTIFICATE OF COMPLIANCE WITH THE AUTHORITY/ CORPORATION
GUIDELINES REGARDING PERMISSIBLE CONTACTS DURING A PROCUREMENT AND THE
PROHIBITION OF INAPPROPRIATE LOBBYING INFLUENCE (TA-W2111-9);
● Copy of DISCLOSURE OF PRIOR NON-RESPONSIBILITY DETERMINATIONS
(TA-W3053-9);
● Copy of Vendor Responsibility Profile, Agency Certification and
Vendor Disclosure (questionnaire and attachments), as required for the type and
amount of the transaction;
● Copy of record of Open-Bid Process (Notice of Sale, Bid Package,
Bid Tabulation, and/or Request for Proposal); and
● Any other documentation relevant to the particular transaction.
5. Responsibilities
BRPM, in consultation with the Legal
Department, shall coordinate preparation of documents and approval of contracts
with OAG and OSC, and shall retain a copy of the submittal package in the
Transaction Record.
6. Process Flowchart

EXHIBIT 1
OSC SUBMITTAL COVER LETTER
This is the cover letter that will be
used for submittals to OSC.
Content
under development