New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter VI - Miscellaneous › Subchapter A - General Rules › Part 333 - Services Provided By Organizations For The Blind Or Other Severely Handicapped › Section 333.5 - General guidelines

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 accordance with provisions of the State Finance Law, prices of services
					 provided by the handicapped shall not exceed in a major or unwarranted amount
					 the prevailing market price for the same or equivalent services. The
					 Commissioner of General Services reserves the right to determine, revise and
					 approve prices based on the consideration of reasonable costs of labor,
					 materials and overhead necessarily incurred by the organizations under
					 efficient methods of procurement, production, performance and
					 administration.
(b) Service
					 contracts which involve the performance of duties which have in the past been
					 performed by employees of the contracting agency or another government agency
					 will not be approved by the Commissioner of General Services if the service can
					 be and/or is provided by employees of the using agency or another government
					 agency to or for the benefit of the using agency.
(c) Service contracts in effect may not be
					 interrupted in order that they be awarded to an organization representing the
					 handicapped, but will be allowed to extend to the termination date specified by
					 the using agency in such contract. Renewal options included in such contracts
					 may also be exercised, and under such circumstances contracts for such services
					 shall not be interrupted to be granted to an organization representing the
					 handicapped.
(d) Approval of prices
					 and services for a service contract will be limited to the specific service,
					 prices, government agency and geographic location stated in the contract,
					 unless specifically extended by the Office of General Services.
(e) When the Commissioner of General Services
					 has determined that a nonprofit agency or commission for the blind or other
					 severely handicapped is offering a suitable service at an acceptable price, and
					 when that service has been approved for extension to other governmental units,
					 the using agency must obtain a release from the nonprofit organization for the
					 blind or other severely handicapped prior to approval of a contract award to
					 another party. The agency making the request for a release must forward such
					 request by certified or registered mail, return receipt requested. However, if
					 no response to a request for release is received from the organization for the
					 blind or handicapped within four weeks of the date of such request for release,
					 this requirement will be waived.
(f) It is the responsibility of the agency or
					 commission representing the handicapped organizations to assure compliance with
					 all relevant provisions of the New York State Labor Law, including but not
					 limited to provisions of that law governing wages and hours.
(g) Service will not be construed to include
					 what the commissioner considers to be construction or the provision of a
					 product nor shall it include printing. Services will also not include
					 activities not normally contracted for by the State or any governmental agency
					 or political subdivision or public benefit corporation thereof.
(h) The Commissioner of General Services
					 reserves the right to request the agency or commission representing the
					 handicapped organizations to prepare an impact statement identifying the
					 anticipated effects of a proposed service contract on private labor
					 forces.
(i) Once the Office of
					 General Services has made a determination of preferred-source status for
					 providing services to a particular agency, the contract may not be assigned by
					 the handicapped organization, or its right, title or interest therein assigned,
					 transferred, conveyed, sublet or disposed of without the previous consent, in
					 writing, by the Office of General Services.
(j) Suitable services shall be procured in
					 accordance with applicable specifications of the State Office of General
					 Services, or with the approval of the Commissioner of General Services, those
					 of such purchasing authority of other State agencies, political subdivision, or
					 public benefit corporation which contract for such services.
(k) The Commissioner of General Services
					 approves the price of suitable services; the commissioner does not award the
					 contract. The contract award will be issued by the agency procuring the
					 service.
(l) The Commissioner of
					 General Services shall make such rules and regulations regarding
					 specifications, quality standards, time of delivery, performance, suitability
					 of service, and other relevant matters as shall be necessary to carry out the
					 purpose of sections 175-a and 175-b of the State Finance Law.
(m) The Office of General Services reserves
					 the right to inspect facilities where any service will be performed, and/or the
					 facilities and records of a workshop requesting preferred treatment. Such
					 inspection may be performed prior to final consideration of an offered service
					 or price approval request, or at any time after such approval has been
					 granted.
(n) Annually, a report of
					 all services actually sold, under the auspices of sections 175-a and 175-b of
					 the State Finance Law, to the State or any governmental agency or political
					 subdivision or public benefit corporation must be submitted to the Office of
					 General Services by the agency designated to represent the nonprofitmaking
					 charitable agencies supplying the service. This report will be due 60 days
					 after the end of the agency or commission fiscal year, and will cover all
					 services sold during that fiscal year. This report must include, but is not
					 limited to, the following for each separate service:
(1) type of service;
(2) name and address of workshop performing
					 service;
(3) name and address of
					 procuring agency;
(4) unit
					 price;
(5) actual services
					 supplied;
(6) total dollar amount;
					 and
(7) administrative surcharge
					 clearly identified as a separate cost component.