N.Y. Comp. Codes R. & Regs. tit. 9 § 250.15

Current through Register Vol. 46, No. 43, October 23, 2024

Section 250.15 - Priority accorded preferred sources

Except as provided in the New York State Printing and Public Documents Law, priority among preferred sources shall be accorded as follows:

(a) When commodities are available, in the form, function and utility required by a State agency, public authority, commission, public benefit corporation or political subdivision, said commodities must be purchased first from the Department of Correctional Services Correctional Industries Program.

(b) When commodities are available, in the form, function and utility required by, a State agency or political subdivision or public benefit corporation having their own purchasing agency, and such commodities are not available pursuant to subdivision (a) of this section, said commodities shall then be purchased from approved charitable non-profit-making agencies for the blind.

(c) When commodities are available, in the form, function and utility required by, a State agency or political subdivision or public benefit corporation having their own purchasing agency, and such commodities are not available pursuant to subdivisions (a) and (b) of this section, said commodities shall then be purchased from a qualified non-profit-making agency for other severely disabled persons, a qualified special employment program for mentally ill persons, or a qualified veterans' workshop.

(d) When services are available, in the form, function and utility required by, a State agency or political subdivision or public benefit corporation having their own purchasing agency, equal priority shall be accorded the services rendered and offered for sale by qualified non-profit-making agencies for the blind and those for the other severely disabled, by qualified special employment programs for mentally ill persons and by qualified veterans' workshops.

(e) In the case of services:

(1) State agencies or political subdivisions or public benefit corporations having their own purchasing agency shall make reasonable efforts to provide a notification describing their requirements to those preferred sources, or to the facilitating entity identified in section 250.17 of this Part, which provide the required services as indicated on the official public list maintained by the Office of General Services pursuant to section 250.14 of this Part.

(2) If, within 10 days of the notification required by subdivision (e) of this section, one or more preferred sources or facilitating entities identified in section 250.17 of this Part submit a notice of intent to provide the service in the form, function and utility required, said service shall be purchased in accordance with this Part. If more than one preferred source or facilitating entity identified in section 250.17 of this Part submits notification of intent and meets the requirements, costs shall be the determining factor for purchase among the preferred sources.

(3) If, within 10 days of the notification required by subdivision (e) of this section, no preferred source or facilitating entity identified in section 250.17 of this Part indicates intent to provide the service, then the service shall be procured in accordance with section 250.10 of this Part. If, after such period, a preferred source elects to bid on the service, award shall be made in accordance with section 250.10 of this Part or as otherwise provided by law.

(f) For the purposes of commodities and services produced by special employment programs operated by facilities approved or operated by the Office of Mental Health, facilities within the Office of Mental Health shall be exempt from the requirements of this section. When such requirements of the Office of Mental Health cannot be met pursuant to subdivision (b), (c) or (d) of this section the Office of Mental Health may purchase commodities and services which are competitive in price and comparable in quality to those which could otherwise be obtained in accordance with this Part, from special employment programs operated by facilities within the Office of Mental Health or other programs approved by the Office of Mental Health.

(g) Priority in purchasing requirements for apparel or textiles.

(1) Notwithstanding anything to the contrary, political subdivisions may adopt and apply the priority established herein by specifically including the provisions of this subdivision in their bid specifications.

(2) Conditions for participation in certain State contracts. In the event the State seeks to purchase apparel or textiles pursuant to a competitive bid pursuant to section 163 of the State Finance Law or other applicable competitive procurement statutes, the following additional conditions shall apply;

(i) the bid shall include a statement that a State agency shall not enter into a contract to purchase or obtain for any purpose any apparel from a bidder unable or unwilling to provide documentation as part of its bid:

(a) attesting that such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hour laws and workplace safety laws;

(b) stating, if known, the name and address of each subcontractor to be utilized; and

(c) stating, if known, all manufacturing plants utilized by the bidder or subcontractor;

(ii) manufacturers and contractors identified on the special September 11th bidders registry, as added by section 349 of the Labor Law, shall be a preferred source for purposes of a competitive bid and the associated contract award for apparel or textile procurements where the price bid by such participating qualified registrant bidder is not greater than 15 percent more than the lowest price bid by an otherwise responsive and responsible bidder. Where there is more than one participating qualified registrant bidder, the State shall make the contract award based upon the lowest price bid among such bidders;

(iii) where no qualified bidders under subparagraph (ii) of this paragraph participate in the competitive bid for the specified apparel or textiles the State shall award the contract to the otherwise lowest responsive and responsible bidder pursuant to section 163 of the State Finance Law or other applicable competitive procurement statutes.

(3) Waiver. The provisions of this section may be waived by the head of any State agency, department, board, bureau, commission, division, or any public benefit corporation or public authority a majority of whose members are appointed by the Governor where it is determined in writing and included in the procurement record that it is in the best interests of the State to do so.

(h) For purposes of the provisions of this section, State shall mean any New York State agency, department, board, bureau, commission, division, or any public benefit corporation or public authority a majority of whose members are appointed by the Governor.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 250.15