N.Y. Comp. Codes R. & Regs. tit. 9 § 250.10

Current through Register Vol. 46, No. 25, June 18, 2024

Section 250.10 - Letting of contracts

(a) Contracts for commodities shall be awarded on the basis of lowest price to a responsive and responsible offeror. Contracts for services shall be awarded on the basis of best value from a responsive and responsible offeror. Multiple awards for services and commodities shall be conducted in accordance with subdivision (c) of this section. Selection and award shall be documented by a written determination in the procurement record made by the State agency in a manner consistent with the provisions of the solicitation. In the event two offers for commodities are found to be substantially equivalent, price shall be the basis for determining the award recipient or, when price and other factors are found to be substantially equivalent, the determination of the commissioner or agency head to award a contract to one or more of such bidders shall be final. The basis for determining the award shall be documented in the procurement record.

(b) Single or sole source procurements for services or commodities, or procurements made to meet emergencies arising from unforeseen causes, may be made without a formal competitive process and shall only be made under unusual circumstances and shall include a determination by the commissioner or the State agency that the specifications or requirements for said purchase have been designed in a fair and equitable manner. The purchasing agency shall document 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 in the procurement record, subject to review by the State Comptroller.

(c) A State agency may elect to award a contract to one or more responsive and responsible offerors provided, however, that the basis for the selection among multiple contracts at the time of purchase shall be the most practical and economical alternative and shall be in the best interests of the State, and further provided that the requirement set forth herein shall not preclude the commissioner from establishing multiple award contracts for reasons including increased opportunities for small businesses to participate in State contracts.

(d) It shall be in the discretion of the commissioner or State agency to require a bond or other guarantee of performance, and to approve the amount, form and sufficiency thereof.

(e) The commissioner may authorize purchases required by State agencies or other authorized purchasers by letting a contract pursuant to a written agreement, or by approving the use of a contract let by any department, agency or instrumentality of the United States government and/or any department, agency, office, political subdivision or instrumentality of any state or states.

(f) The commissioner is authorized to let centralized contracts, in accordance with the procedures of this Part, for joint purchasing by New York State and any department, agency or instrumentality of the United States government and/or any state including the political subdivisions thereof; provided however that any entity incurring a liability under such contract shall be responsible for discharging said liability.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 250.10