New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 250 - Purchasing Procedures And Purchases From Preferred Sources › Section 250.17 - Prices charges by agencies for the blind, other severely disabled and veterans' workshops

Current through Register Vol. 46, No. 28, July 10, 2024
(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.