2023 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; and
l.  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.