N.Y. Comp. Codes R. & Regs. tit. 9 § 250.19

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

Section 250.19 - Procedure for agency noncentralized printing purchases

Agency printing requirements which cannot be fulfilled under a centralized contract let by the commissioner, may only be directly purchased by the agency in compliance with the following procedures and monetary limitations:

(a) Agency purchases not exceeding $1,000. An agency may purchase such items of printing directly from a responsible vendor of its choice, with no prior or subsequent approval from the commissioner. While no competitive bidding is required, agencies should take steps necessary to ensure that prices are reasonable and a written confirmation of the successful vendor's quotation showing the time and conditions of sale should be obtained. The Comptroller's copy of the issued purchase order shall be processed in accordance with the Comptroller's then current procedural requirements.

(b) Agency purchases in excess of $1,000, but not exceeding $5,000. The advance approval of the commissioner for such purchases must be obtained through submission of a purchase request to the Office of General Services. The commissioner may elect to contract for the item or authorize the purchase by the agency. If direct purchase by the requesting agency is authorized, the agency may purchase such printing, without subsequent approval by the commissioner in the following manner only:

(1) A minimum of five bids should be solicited from responsible vendors and each vendor solicited shall receive a copy of the bid documents, which documents shall include by reference, the general conditions issued by OGS. Such documents should include a complete description of the item required. Such description should include, where applicable, but not be limited to information relating to the size, number of pages, paper stock, ink, quantity, composition, presswork, binding, packing, delivery, etc., required for the desired printing and the date, hour and place of the bid opening.

(2) All sealed bids received shall be opened publicly at the time and place of bid opening.

(3) A tabulation of all bids received at the bid opening shall be prepared, setting forth the identity of each bidder, the prices quoted and all other pertinent information. Bids shall be tabulated by item number and unit price in such form as to afford a basis for strict comparison of the prices bid. In addition to the foregoing, the agency shall supply a listing of all vendors from whom bids were solicited. Bids received subsequent to the time noticed for the bid opening shall be rejected and returned to the bidder, except that such late bids may be considered where either no bids or no acceptable bids have been timely received.

(4) If the low bidder is successful, all papers are to be retained in the agency file and the original copy of the order should be forwarded to the vendor. The Audit and Control copy of the order should at the same time, be forwarded to the Comptroller's office along with a certified copy of the bid tabulation.

(5) If a low bid(s) is being rejected, a memorandum should be prepared stating in detail the reasons for rejection, and a certified copy of the bid tabulation, the successful vendor's quotation, any rejected vendor's quotation, the rejection memorandum, together with all copies of the purchase order made out to the lowest responsible bidder meeting specifications, shall be forwarded to the Department of Audit and Control.

(c) Agency purchases in excess of $5,000. Advance approval of the commissioner must be obtained through submission of a purchase request to the Office of General Services.

(1) If purchase by the requesting agency is approved, the agency shall solicit, open and tabulate bids in the same manner as provided in paragraphs (b)(1), (2), (3) of this section for purchases in excess of $1,000 but not exceeding $2,500. The agency shall forward to the commissioner all bids, documents, correspondence and other pertinent information, two copies of each of the certified tabulation, and bid rejection memorandum(s), if any, as well as all copies of the issued purchase order made out to the lowest responsible bidder meeting specifications.

(2) If the commissioner approves the proposed purchase order, he will forward the appropriate documentation to Audit and Control, and/or the agency with his approval indicated thereon. The form and routing of this documentation will reflect the most current Audit and Control legal and procedural requirements. If the commissioner disapproves the proposed purchase order, he will advise the agency accordingly.

(d) Multiple purchases of identical items of printing made by an agency within any 60-day period shall be considered a single purchase for the purpose of this section, and the aggregate cost of such purchases shall determine the method of purchase in accordance with this section.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 250.19