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 250.10 - Letting of contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Contracts for commodities shall be awarded on the basis of lowest price to a
				  responsive and responsible offeror. Contracts for services shall be awarded on
				  the basis of best value from a responsive and responsible offeror. Multiple
				  awards for services and commodities shall be conducted in accordance with
				  subdivision (c) of this section. Selection and award shall be documented by a
				  written determination in the procurement record made by the State agency in a
				  manner consistent with the provisions of the solicitation. In the event two
				  offers for commodities are found to be substantially equivalent, price shall be
				  the basis for determining the award recipient or, when price and other factors
				  are found to be substantially equivalent, the determination of the commissioner
				  or agency head to award a contract to one or more of such bidders shall be
				  final. The basis for determining the award shall be documented in the
				  procurement record.
(b) Single or
				  sole source procurements for services or commodities, or procurements made to
				  meet emergencies arising from unforeseen causes, may be made without a formal
				  competitive process and shall only be made under unusual circumstances and
				  shall include a determination by the commissioner or the State agency that the
				  specifications or requirements for said purchase have been designed in a fair
				  and equitable manner. The purchasing agency shall document the bases for a
				  determination to purchase from a single source or sole source, or the nature of
				  the emergency giving rise to the procurement in the procurement record, subject
				  to review by the State Comptroller.
(c) A State agency may elect to award a
				  contract to one or more responsive and responsible offerors provided, however,
				  that the basis for the selection among multiple contracts at the time of
				  purchase shall be the most practical and economical alternative and shall be in
				  the best interests of the State, and further provided that the requirement set
				  forth herein shall not preclude the commissioner from establishing multiple
				  award contracts for reasons including increased opportunities for small
				  businesses to participate in State contracts.
(d) It shall be in the discretion of the
				  commissioner or State agency to require a bond or other guarantee of
				  performance, and to approve the amount, form and sufficiency thereof.
(e) The commissioner may authorize purchases
				  required by State agencies or other authorized purchasers by letting a contract
				  pursuant to a written agreement, or by approving the use of a contract let by
				  any department, agency or instrumentality of the United States government
				  and/or any department, agency, office, political subdivision or instrumentality
				  of any state or states.
(f) The
				  commissioner is authorized to let centralized contracts, in accordance with the
				  procedures of this Part, for joint purchasing by New York State and any
				  department, agency or instrumentality of the United States government and/or
				  any state including the political subdivisions thereof; provided however that
				  any entity incurring a liability under such contract shall be responsible for
				  discharging said liability.