Sec. 107.5. Negotiated sale

(a) Determination; candidate firms.

The Comptroller may determine it to be in the interests of the State to cause COPS to be sold on a negotiated basis in accordance with subdivision (b) of this section to such firm or firms that, in the Comptroller's judgment, have sufficient expertise and experience in the sale of COPS, as well as other similar experience and expertise, including the sale of obligations of the State of New York or other similar issuers, to underwrite the sale of COPS.

(b) Criteria for selection.

The Comptroller's selection of the underwriters pursuant to this section shall take into account, but not be limited to, the following factors:

(1) the total cost to the State;

(2) the financial resources of the firms;

(3) the experience and ability of the firms to finance and market the COPS;

(4) the experience and ability of the individuals whom the firms plan to involve directly in the financing and marketing; and

(5) the soundness of the firms' overall financing and marketing plans.