N.Y. Comp. Codes R. & Regs. tit. 9 § 250.17

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

Section 250.17 - Prices charges by agencies for the blind, other severely disabled and veterans' workshops

(a) Except with respect to the Department of Correctional Services Correctional Industries Program, the commissioner shall determine, and from time to time review, the prices of all commodities and to approve the price of all services provided by preferred sources as specified in this section offered to State agencies, political subdivisions or public benefit corporations having their own purchasing office.

(b) In determining and revising the prices of such commodities or services, consideration shall be given to the reasonable costs of labor, materials and overhead necessarily incurred by such preferred sources under efficient methods of procurement, production, performance and administration; however, the prices of such products and services shall be as close to prevailing market price as practicable, but in no event greater than 15 percent above, the prevailing market prices among responsive offerors for the same or equivalent commodities or services.

(c) Such qualified charitable non-profit-making agencies for the blind and other severely disabled may make purchases of materials, equipment or supplies, except printed material, from centralized contracts for commodities in accordance with the conditions set by the commissioner; provided that the qualified charitable non-profit-making agency for the blind or other severely disabled shall accept sole responsibility for any payment due the vendor.

(d) Such qualified charitable non-profit-making agencies for the blind and other severely disabled may make purchases of materials, equipment and supplies from the Department of Correctional Services Correctional Industries Program, directly from the Correctional Industries Program administered by the Commissioner of Correctional Services, subject to such rules as may be established from time to time pursuant to the Correction Law; provided that the qualified charitable non-profit-making agency for the blind or other severely disabled shall accept sole responsibility for any payment due the Department of Correctional Services.

(e) The State Commissioner of Children and Family Services shall appoint the New York State Commission for the Blind and Visually Handicapped, or other non-profit-making agency, other than the agency representing the other severely disabled, to facilitate the distribution of orders among qualified non-profit-making charitable agencies for the blind. The State Commissioner of Education shall appoint a non-profit-making agency, other than the agency representing the blind, to facilitate the distribution of orders among qualified non-profit-making charitable agencies for the other severely disabled and the veterans' workshops. The State Commissioner of Mental Health shall facilitate the distribution of orders among qualified special employment programs operated or approved by the Office of Mental Health serving mentally ill persons.

(f) The commissioner may request the State Comptroller to conduct audits and examinations to be made of all records, books and data of any agency for the blind or the other severely disabled, any special employment program for mentally ill persons or any veterans' workshops qualified under this section to determine the costs of manufacture or the rendering of services and the manner and efficiency of production and administration of such agency or special employment program or veterans' workshop with relation to any product or services purchased by a State agency or political subdivision or public benefit corporation and to furnish the results of such audit and examination to the commissioner for such action as he or she may deem appropriate under this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 250.17