Section 6-303. Exemptions and waivers

a. This chapter shall not apply:
    (1)  to  any  product purchased or leased before the effective date of
  the local law that added this chapter;
    (2) to any procurement where federal  or  state  funding  restrictions
  precludes the city from imposing the requirements of this chapter;
    (3)  to  small purchases pursuant to section three hundred fourteen of
  the charter;
    (4) to  emergency  procurements  pursuant  to  section  three  hundred
  fifteen of the charter;
    (5)  to  intergovernmental purchases pursuant to section three hundred
  sixteen of the charter;
    (6)  where  compliance  with  the  city's   environmental   purchasing
  standards  would  conflict  with the purpose of chapter 3 of title 25 of
  this code;
    (7) to any product if there are fewer than  three  manufacturers  that
  produce   such  product  meeting  the  city's  environmental  purchasing
  standards and that are capable  of  producing  any  such  product  in  a
  quantity  and  within  a  time  period  that are adequate for the city's
  needs;
    (8) where the  contracting  agency  finds  that  the  inclusion  of  a
  specification  otherwise  required  by  sections  6-306 or 6-310 of this
  chapter would not be consistent with such agency's ability to obtain the
  highest  quality  product  at  the  lowest  possible  price  through   a
  competitive  procurement,  provided  that in making any such finding the
  contracting agency shall consider life-cycle cost-effectiveness; and
    (9) where the  contracting  agency  finds  that  the  inclusion  of  a
  specification  otherwise  required by subchapters 5 or 6 of this chapter
  would not be consistent with such agency's ability to obtain the highest
  quality product at the  lowest  possible  price  through  a  competitive
  procurement,  provided  that  in making any such finding the contracting
  agency  shall  consider  the  health  and  safety   benefits   of   such
  specification.
    b.  The city's environmental purchasing standards may be waived by the
  director upon application by any agency:
    (1)  where  compliance  with  the  city's   environmental   purchasing
  standards would conflict with any consumer, health or safety:
    (i) regulation of any agency; or
    (ii) requirement of the federal government or state of New York or any
  nationally recognized testing laboratory designated by the director; or
    (2)  for  any  product if there are fewer than five manufacturers that
  produce  such  product  meeting  the  city's  environmental   purchasing
  standards  and  that  are  capable  of  producing  any such product in a
  quantity and within a time period  that  are  adequate  for  the  city's
  needs.
    c.  Any  application  for any waiver pursuant to this section shall be
  made in writing by the applying agency. The  director  shall,  within  a
  reasonable  period  of time, issue a written determination on whether to
  grant any such waiver application and shall include  an  explanation  of
  any such determination.
    d.  Except  as  otherwise  provided  in this chapter, the director may
  exempt from the provisions of this chapter up  to  the  following  total
  dollar  amounts,  provided  such  amounts  shall be indexed to inflation
  beginning in the second year after the effective date of this local law,
  of contracts for goods or construction  work  in  the  following  fiscal
  years  if in his or her judgment such exemption is in the best interests
  of the city:
    (1) for fiscal years  2007  and  2008,  one  hundred  million  dollars
  ($100,000,000);

    (2)  for fiscal year 2009, seventy-five million dollars ($75,000,000);
  and
    (3) for fiscal year 2010 and any fiscal year thereafter, fifty million
  dollars ($50,000,000).