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 250.9 - Soliciting and accepting offers

Current through Register Vol. 46, No. 28, July 10, 2024
For purchases from sources other than preferred sources and
					 for purchases in excess of the discretionary buying threshold established in
					 section 250.6 of this Part:
(a) A State agency shall select a formal
				  competitive procurement process in accordance with guidelines established by
				  the State Procurement Council and document its determination in the procurement
				  record. The process shall include, but is not limited to, a clear statement of
				  need, a description of the required specifications governing performance and
				  related factors, a reasonable process for ensuring a competitive field, a fair
				  and equal opportunity for offerors to submit responsive offers; and a balanced
				  and fair method of award. Where the basis for the award is best value,
				  documentation in the procurement record shall, where practicable, include a
				  quantification of the application of the criteria to the rating of proposals
				  and the evaluation results, or, where not practicable, such other justification
				  which demonstrates that best value will be achieved.
(b) The solicitation shall prescribe the
				  minimum specifications or requirements that must be met in order to be
				  considered responsive and shall describe and disclose the general manner in
				  which the evaluation and selection shall be conducted. Where appropriate, the
				  solicitation shall identify the relative importance or weight of cost and the
				  overall technical criteria to be considered by a State agency in its
				  determination of best value.
(c)
				  Where provided in the solicitation, State agencies may require clarification
				  from offerors for purposes of assuring a full understanding of responsiveness
				  to the solicitation requirements. Where provided for in the solicitation,
				  revisions may be permitted from all offerors determined to be susceptible of
				  being selected for contract award, prior to award. Offerors shall be accorded
				  fair and equal treatment with respect to their opportunity for discussion and
				  revision of offers. Disclosure of the content of competing offers other than
				  statistical tabulations of bids received in response to an invitation for bids,
				  or of any clarifications of or any revisions thereto shall be prohibited prior
				  to award.
(d) All offers may be
				  rejected. Where provided in the solicitation, separable portions of offers may
				  be rejected.
(e) Every offer shall
				  be firm and not revocable for a period of 60 days from the bid opening, or such
				  other period of time specified in the solicitation to the extent not
				  inconsistent with section 2-205  of the Uniform Commercial Code. Subsequent to
				  such 60-day or other specified period, any offer is subject to withdrawal
				  communicated in a writing signed by the offeror.
(f) Prior to making an award of contract,
				  each State agency shall make a determination of responsibility of the proposed
				  vendor.
(g) A procurement record
				  shall be maintained for each procurement identifying, with supporting
				  documentation, decisions made by the State agency during the procurement
				  process. The procurement record shall include, but not be limited to each
				  contract amendment and the justification to each.
(h) For purchases involving apparel and
				  textiles see section
				  250.15(g) of this
				  Part.