N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 88-5.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 88-5.2 - Requirements

(a) For contracts for the purpose of services and commodities that exceed the discretionary buying thresholds and require a formal competitive process under the State Finance Law, and, under Public Health Law, section 409-c(4)(b), do not require approval by the State Comptroller.

(1) The facility shall follow a formal competitive process, maintain a procurement record, publish notices in the State's procurement opportunities newsletter and meet the requirements for the letting of contracts, in accordance with the State Finance Law, Economic Development Law and the State Procurement Council Procurement Guidelines.

(2) Every bid solicitation, including invitations for bid and requests for proposals, shall:

(i) prescribe the minimum specifications or requirements that must be met in order to be considered responsive, including the legal requirements in appendix A of the State Procurement Council Procurement Guidelines;

(ii) describe other specifications or requirements that constitute the technical criteria for the procurement, including, as applicable, the general specifications in appendix B of the State Procurement Council Procurement Guidelines;

(iii) describe and disclose the general manner in which the evaluation and selection shall be conducted;

(iv) provide that the facility may require clarification from offerers for purposes of assuring a full understanding of responsiveness to the solicitation requirements;

(v) provide that revisions may be permitted from all offerers determined to be susceptible of being selected for contract award, prior to award; and

(vi) provide that separable portions of offers may be rejected.

(3) For the purchase of services, every bid solicitation shall identify the relative importance and/or weight of cost and the overall technical criterion to be considered by the facility in its determination of best value.

(4) Further requirements regarding these procurements are as defined in the department's administrative policy and procedures manual.

(b) For single or sole source procurements for services or commodities or procurements made to meet emergencies arising from unforeseen causes, which, under Public Health Law, section 409-c(4)(b), do not require approval by the State Comptroller:

(1) The facility shall meet all applicable requirements for the letting of contracts and shall document in the procurement record the bases for a determination to purchase from a single source or sole source, or the nature of the emergency giving rise to the procurement.

(2) For single source procurements, the facility shall document in the procurement record the circumstances leading to the selection of the vendor, including the alternatives considered, the rationale for selecting the specific vendor and the basis upon which it determined the cost was reasonable.

(3) Further requirements regarding these procurements are as defined in the department's administrative policy and procedures manual.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 88-5.2