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 250.14 - Public list of services and commodities provided by preferred sources

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commissioner, in consultation with the commissioners of Correctional Services,
				  Children and Family Services, Mental Health and Education, shall maintain a
				  list of all commodities and services that are available for purchase by State
				  agencies, public benefit corporations or political subdivisions from those
				  entities accorded preference or priority status under this Part. Such list may
				  include references to catalogs and other descriptive literature that are
				  available directly from any provider accorded preferred status under this Part.
				  The commissioner shall make this list available to prospective vendors, State
				  agencies, public benefit corporations, political subdivisions and other
				  interested parties. New or substantially different commodities or services may
				  only be made available by preferred sources for purchase by more than one State
				  agency, public benefit corporation or political subdivision after addition to
				  said list.
(b) Upon the application
				  of the Commissioner of Correctional Services, the Commissioner of Children and
				  Family Services, the Commissioner of Mental Health or the Commissioner of
				  Education, or a non-profit-making facilitating agency designated by one of the
				  said commissioners pursuant to section 50.17(e) of this Part, and upon the
				  recommendation of the State Procurement Council, the commissioner may:
(1) add commodities or services to;
				  or
(2) in order to insure that such
				  list reflects current production and/or availability of commodities and
				  services, delete at the request of a preferred source, commodities or services
				  from, the list established by subdivision (a) of this section. Additions may be
				  made only for new services or commodities, or for services or commodities that
				  are substantially different from those reflected on said list for that
				  provider. The decision to recommend the addition of services or commodities
				  shall be based upon a review of relevant factors by the Procurement Council
				  including costs and benefits to be derived from such addition and shall include
				  an analysis by the commissioner, conducted pursuant to section
				  250.17 of this Part. Unless the
				  State Procurement Council shall make a recommendation to the commissioner on
				  any such application within 120 days of receipt thereof, such application shall
				  be deemed recommended. In the event that the State Procurement Council shall
				  deny any such application, a State agency or the non-profit-making agency which
				  submitted such application may, within 30 days of such denial, appeal such
				  denial to the commissioner who shall review all materials submitted to the
				  State Procurement Council with respect to such application and who may request
				  such further information or material as is deemed necessary. Within 60 days of
				  receipt of all information or materials deemed necessary, the commissioner
				  shall render a written final decision on the application that shall be binding
				  upon the applicant and upon the State Procurement Council.