NY State Fin L § 161 (2021)
2021 New York Laws STF - State Finance Article 11 - State Purchasing 161 - State Procurement Council.

§  161. State procurement council. 1. a. The state procurement council   shall continuously strive to improve the  state's  procurement  process.   Such   council  shall  consist  of  twenty-one  members,  including  the   commissioner, the state comptroller, the director  of  the  budget,  the   chief diversity officer and the commissioner of economic development, or   their  respective  designees;  seven  members  who shall be the heads of   other large and small state agencies chosen by the  governor,  or  their   respective   designees;   one   member,   appointed   by  the  governor,   representing a not-for-profit New York-based organization engaged in the   marketing and/or promotion of  New  York  grown  farm  and  agricultural   products  or a not-for-profit New York-based organization engaged solely   in the advocacy, marketing and/or promotion of organic  New  York  grown   farm  and  agricultural  products  to be limited to a two year term; and   eight at large members appointed as  follows:  three  appointed  by  the   temporary president of the senate, one of whom shall be a representative   of local government and one of whom shall be a representative of private   business;  three  appointed  by the speaker of the assembly, one of whom   shall be a representative of local government and one of whom shall be a   representative of private business; one appointed by the minority leader   of the senate;  and,  one  appointed  by  the  minority  leader  of  the   assembly;  and  two  non-voting  observers  appointed  as  follows:  one   appointed by the temporary president of the senate and one appointed  by   the speaker of the assembly. The non-voting observers shall be provided,   contemporaneously,   all  documentation  and  materials  distributed  to   members. The council shall be chaired by the commissioner and shall meet   at least quarterly.b. The at large members shall  each  serve  a  term  of  three  years;   provided,  however,  that  for their initial appointments, the temporary   president of the senate and the  speaker  of  the  assembly  shall  each   designate  one member to serve a term of one year, one member to serve a   term of two years and one member to serve a term  of  three  years.  Any   vacancy  among  the  at  large  members  shall  be filled by appointment   pursuant to paragraph a of this subdivision for the unexpired balance of   the term. The non-voting observers shall each  serve  a  term  of  three   years.  All the initial appointments made pursuant to this section shall   be deemed to have been made and to have been effective for all  purposes   on the fourth day of June, nineteen hundred ninety-six.c. The members of the council shall serve without compensation, except   that  each  of  them  shall be allowed the necessary and actual expenses   incurred in the performance of any of their duties hereunder.d. The council may conduct  any  business  authorized  herein  when  a   quorum of the members are represented in session.2. The council shall:a.  Evaluate  and  make  recommendations  to  the commissioner for the   development  of  specifications  for  commodities  and  services  to  be   acquired  by  or  for  state  agencies  through  centralized  contracts,   including, but  not  limited  to,  evaluations  and  recommendations  on   minimum  purchase  quantities  and  standards  for quality, function and   utility;b. Establish and maintain guidelines which, in the manner provided  by   this  article,  enable  state agencies to acquire products directly from   vendors or suppliers other than those  participating  in  a  centralized   contract  when  such  products  are  not  required by this article to be   acquired from a preferred source and when such products are available in   substantially similar function, form or utility and at prices  or  other   terms  more  economically  beneficial  for the purposes of the acquiring   state agency; c. Identify to  the  commissioner  any  deficiencies  in  products  or   services made available to state agencies through centralized contracts,   including,  at  the  discretion  of  the  council,  matters  relating to   specifications developed and employed for  procurement  of  products  or   services through centralized contracts;d. Establish and, from time to time, amend guidelines concerning state   procurement   and   provide   for   the   appropriate  distribution  and   dissemination of such guidelines and other  information  concerning  all   matters  relating  to  procurement  of  products,  construction items or   services for state agencies;e. Recommend to the  commissioner  necessary  legislative  changes  or   modifications  to existing or proposed rules, regulations and procedures   which would  simplify,  accelerate  or  otherwise  improve  the  state's   procurement   process   and   make   specific   recommendations  to  the   commissioner by September thirtieth, nineteen  hundred  ninety-five  for   the improvement of the New York state printing and public documents law;f.  Act  as  a  clearinghouse  for  the  purpose  of identification of   potential cost reductions and other efficiencies through the combination   of similar procurement requirements of state agencies;g. Consult with and advise the commissioner  on  strategic  technology   investments  that  will  facilitate  electronic  access to the terms and   conditions  of  existing  procurement  contracts,   promote   electronic   commerce  including, but not limited to, payment to vendors, promote and   enhance the efficiency of the procurement of products and services by or   for state agencies and produce useful information  that  supports  state   procurement   operations,   management,  analysis  and  decision  making   including, but not limited to, data concerning the  status  and  use  of   procurement  contracts  and  the  number and type of contracts and award   recipients;h. Establish and, from time to time, amend guidelines for purchases of   commodities, by the commissioner  or  state  agencies.  Such  guidelines   shall  ensure  the  wise  and  prudent  use  of public money in the best   interest of the taxpayers of the state; and  guard  against  favoritism,   improvidence, extravagance, fraud and corruption;i.  Establish  and,  from  time  to  time,  amend  guidelines  for the   procurement of services and technology in accordance with the provisions   of this article. Such guidelines shall ensure the wise and  prudent  use   of  public  money  in  the  best interest of the taxpayers of the state;   guard  against  favoritism,  improvidence,   extravagance,   fraud   and   corruption;  and  ensure that service contracts are awarded on the basis   of best value, including, but not limited to,  the  following  criteria:   quality, cost, and efficiency;j.  Consult  with  and advise the commissioner on new opportunities to   acquire commodities and services including, but not limited to, regional   or statewide equipment or facility  maintenance  services,  professional   services, coordination and cooperation with other centralized purchasing   entities, and coordination of reuse of surplus property;k.  Report  by December thirty-first, nineteen hundred ninety-five and   thereafter biennially to the governor, the legislature and the  director   of  the  budget,  the significant findings of the council including, but   not limited to, substantial savings generated by council initiatives and   the recommendations of the council concerning  the  state's  procurement   practices; andl.  Undertake  other related activities as are necessary to effectuate   this article including the development  of  a  strategic  plan  for  the   improvement of state procurement.m.  Establish and, from time to time, amend guidelines with respect to   publishing  by  state  agencies  of  quarterly  listings  of   projected    procurements  having a value greater than five thousand dollars but less   than fifty thousand dollars in the procurement opportunities  newsletter   established by article four-C of the economic development law.n.  Recommend  to  the  commissioner  necessary legislative changes or   modifications to existing or proposed rules, regulations and  procedures   that  would  increase  access  to  the  state's  procurement  process by   minority-owned business enterprises and women-owned business enterprises   and create model language to be used by agencies when  issuing  requests   for  bids  or  proposals  to  other  solicitations  or offers that would   increase the  ability  of  small  businesses  to  participate  in  state   procurements.3.  The  commissioner  may,  when  he  or  she  deems  it necessary to   implement  the  provisions   and   intent   of   this   article,   adopt   recommendations made by the council and may, at the request of the state   procurement  council,  promulgate  rules and regulations pursuant to the   state  administrative   procedure   act   to   give   effect   to   such   recommendations.  When  the  commissioner adopts recommendations made by   the council but does not promulgate rules and  regulations  implementing   such    recommendations,    the    commissioner   shall   publish   said   recommendations or a summary thereof  in  the  state  register.  If  the   commissioner  modifies or rejects any recommended rule or regulation, he   or she shall notify the council providing a written explanation thereof.4. The commissioner shall report to the governor, the legislature  and   the  director  of  the budget by December thirty-first, nineteen hundred   ninety-five  and  thereafter  annually  on  any  modifications   to   or   rejections of the rules and regulations proposed by the council.5. Nothing in this section shall be deemed to alter, supersede, modify   or  amend  any  provision of this article which establishes preferential   status for any producer or supplier of commodities or services.