N.Y. Comp. Codes R. & Regs. tit. 9 § 250.2

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

Section 250.2 - General provisions for purchasing commodities

(a) State agency procurement practices for commodities shall incorporate the following:

(1) The purchase of commodities by State agencies, including the Office of General Services, shall be conducted in a manner which accords first priority to preferred sources in accordance with the provisions of this Part, second priority to centralized contracts, third priority to agency or multi-agency established contracts and fourth priority to other means of contracting.

(2) Commodities contracts shall be awarded on the basis of lowest price to a responsive and responsible offeror, or, in the case of multiple awards, in accordance with section 250.10(c) of this Part.

(b) A centralized contract shall be established for those commodities required by State agencies in a manner which maximizes the purchasing value of public funds. Centralized contracts, including multiple contracts, shall be established from time to time in such number and scope as will ensure the sufficient and uninterrupted availability of commodities for State agency use. Such contracts shall be established in cooperation with the State Procurement Council and State agencies, to reflect the identity, form, function and utility required by State agencies and to include specifications that conform, wherever possible, to industry standards. Factors to be considered in the determination whether to establish such contracts may include, without limitation, the availability of a volume discount, prior use of the commodity among State agencies, the relative cost of establishing the contract, its anticipated use and expected actual savings for the State. The commissioner may act as a broker for State agencies to procure commodities.

(c) The commissioner shall maintain lists of firms which produce, manufacture or offer for sale commodities in the form, function and utility required by State agencies and shall ensure such lists are updated regularly and reflect New York's small businesses, those certified pursuant to article 15-A of the Executive Law, and shall facilitate access by businesses to procurement opportunities.

(d) All solicitations for the purchase of food products shall include a list developed by the commissioner of agriculture and markets of food products that are grown, produced or harvested in New York State or that were processed in facilities located in New York State. All solicitations shall also include a notice about whether such New York State food products are available in sufficient quantities for competitive purchasing. Guidelines for assisting in increasing agencies' use and purchase of New York food products and established by the commissioner and commis- sioner of agriculture and markets shall be located on the Office of Gen- eral Services' website.

(e) Consistent with guidelines issued by the State Procurement Council, State agencies may competitively purchase commodities procured in accordance with this Part in lieu of using centralized contracts when the resultant price is less than the centralized contract price.

(f) When justified by price, State agencies shall be eligible to make purchases pursuant to guidelines issued by the Procurement Council from a consortium or comparable entity in lieu of using centralized contracts for commodities.

(g) When commodities are not available in the form, function and utility required by State agencies through preferred sources or centralized contracts, a State agency may, independently or in conjunction with other State agencies, procure commodities in accordance with the provisions of this Part. State agencies may maintain listings of firms, including those certified pursuant to article 15-A of the Executive Law, or may use the commissioner's listing of firms. It shall be the responsibility of State agencies to periodically identify those agency procured commodities which, due to the frequency of purchase or related factors, should be made available through centralized contracts.

(h) Multiple purchases by a State agency of similar commodities or services within any 60-day period shall be considered a single purchase for the purpose of this Part. Agencies should consider, when practical and appropriate, the anticipated annual expenditures for a commodity or service in determining which procurement methodology to use. If an agency can reasonably anticipate that repeat purchases of an otherwise low dollar value item will be necessary, the agency should elect the appropriate procurement process to cover such aggregate needs.

(i) A State agency may purchase within a 15-day period without formal competitive bidding up to $10,000 each of fresh eggs, fruits and vegetables from a New York State grower, producer or association of growers and producers (separately by basic category). Agencies must determine the price is reasonable and comparable relative to the current market price.

(j) Notwithstanding the foregoing, if a State agency delegates purchasing responsibilities to regional offices, upon application by the State agency to and approval by the commissioner, each regional office may, with respect to its own purchases for its regional requirements, be considered a separated "agency" for purposes of the limitation set forth in this Part.

(k) Officers of any body or agency of the State or of a political subdivision or a district therein, or fire company or volunteer ambulance service as such are defined in section 100 of the General Municipal Law, are authorized to make purchases of commodities through the Office of General Services' centralized contracts, pursuant to the provisions of section 104 of the General Municipal Law. Public authorities and public benefit corporations of the State, including the Port Authority of New York and New Jersey and the Interstate Environmental Commission shall be eligible to make purchases from Office of General Services' centralized contracts for commodities. Any qualified non-profit-making agency for the blind approved by the Commissioner of Children and Family Services and any qualified non-profit-making agency for the severely disabled approved by the Commissioner of Education shall be eligible to make purchases from Office of General Services' centralized contracts for commodities. Any county extension service association as authorized under subdivision eight of section 224 of the County Law, or any association or other entity as specified in and in accordance with section 109-a of the General Municipal Law, or any other association or entity as specified in State law, are authorized to make purchases of commodities through the Office of General Services' centralized contracts. Any public library, association library, library system, cooperative library system, the New York Library Association and the New York State Association of Library Boards or any other library except those operated by for profit entities may make purchases through centralized contracts for commodities. The authority granted such entities to purchase from Office of General Services' centralized contracts shall be subject to the following conditions:

(1) Participation in certain centralized contracts by political subdivisions and other authorized purchasers may be conditioned upon the filing of requirements for specific commodities through the use of forms issued by the commissioner.

(2) When requirements have been submitted to the commissioner by a political subdivision, or other authorized purchasers, such political subdivision or authorized purchaser shall agree that no separate bids for the same requirements shall be sought nor purchases thereof shall be made by such entity.

(3) Political subdivisions, and other authorized purchasers, may not withdraw requirements filed without obtaining the commissioner's prior written approval. Such approval shall not be withheld unless the commissioner determines that the withdrawal of the requirement filed will jeopardize the validity of an existing contract or pending contract award.

(4) Political subdivisions, and other authorized purchasers, purchasing under a State contract shall, when requested, send a copy of the purchase order to the commissioner upon issuance to the contractor.

(5) Notwithstanding anything in this section to the contrary, the commissioner by reason of the nature of the materials, equipment or supplies to be contracted for, existing market conditions, past performance on State contracts, financial disability or for other good and sufficient cause deemed necessary in order to protect the State's own purchasing interest, reserves the right with respect to any contract to be let by the commissioner to eliminate, restrict, limit or reduce participation by all or particular political subdivisions and other authorized purchasers by law where the commissioner so indicates in the contract documents. The commissioner further reserves the right during the course or term of a contract to limit participating political subdivisions and other authorized purchasers to either their historical quantity purchases, as shall be determined by the commissioner, or their filed requirements.

(6) Political subdivisions and other authorized purchasers shall accept sole responsibility for payments due contractor for purchases made under a State contract and upon request, and if eligible, must furnish contractor with proper evidence of tax exemption.

(7) Political subdivisions or other authorized purchasers shall have primary responsibility for audit and inspection of contract purchases. All commodities delivered under contracts should be inspected immediately for compliance with contract specifications. Contractors should be notified at once, with written confirmation, if commodities deviate from the specifications. If the purchaser experiences problems with contractors in correcting deviations, then the commissioner should be so notified in writing.

(8) The commissioner may, upon the failure of a political subdivision or other authorized purchaser to promptly and properly adhere to all contract terms and conditions, statutes, applicable rules and regulations, reasonable directions of the commissioner and good business practices, including prompt payment for materials, equipment or supplies received, suspend such entities' privilege of purchasing through centralized contracts or may take such other action as the commissioner deems appropriate including, but not limited to, the imposition of special conditions and restrictions with regard to future purchases by such entity.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 250.2

Amended New York State Register July 8, 2015/Volume XXXVII, Issue 27, eff.7/8/2015