New York Laws
Article 11 - State Purchasing
163 - Purchasing Services and Commodities.

(i) The purchase of commodities by state agencies including the office
of general services shall be conducted in a manner which accords first
priority to preferred sources in accordance with the provisions of this
article, second priority to centralized contracts, third priority to
agency or multi-agency established contracts and fourth priority to
other means of contracting.
(ii) Commodities contracts shall be awarded on the basis of lowest
price to a responsive and responsible offerer; or, in the case of
multiple awards, in accordance with paragraph c of subdivision ten of
this section.
(iii) The commissioner shall be responsible for the standardization
and centralized purchase of commodities required by state agencies in a
manner which maximizes the purchasing value of public funds.
(iv) The commissioner is authorized to permit purchases of commodities
and services for authorized users through the office of general
services' centralized contracts. Such authorized users so empowered
shall accept sole responsibility for any payment due with respect to
such purchases.
(v) Consistent with guidelines issued by the state procurement
council, state agencies may competitively purchase commodities procured
in accordance with this article in lieu of using centralized contracts
when the resultant price is less than the centralized contract price.
(vi) When justified by price, state agencies, and hospitals and
facilities managed and controlled by state agencies eligible pursuant to
section twenty-eight hundred three-a of the public health law, shall be
eligible to make purchases pursuant to guidelines issued by the state
procurement council from a consortium or comparable entity in lieu of
using centralized contracts for commodities.
(vii) The commissioner is authorized to enter into contracts pursuant
to the provisions of section twenty-eight hundred three-a of the public
health law.
b. The commissioner shall:
(i) determine, in cooperation with the state procurement council and
state agencies, the identity, form, function and utility of those
commodities which shall be made available on or through centralized
contracts. Criteria may include, but need not be limited to, the
availability of a volume discount, prior use of the commodity among
state agencies and the relative cost of establishing the contract, its
anticipated use and expected actual savings for the state. The
commissioner may also act as a broker for state agencies to procure
commodities.
(ii) determine the number and scope of centralized contracts for
commodities to be let during any period, including the letting of
multiple contracts to ensure the sufficient variety and uninterrupted
availability of commodities for state agency use.
(iii) maintain lists of firms which produce or manufacture or offer
for sale commodities in the form, function and utility required by state
agencies. The commissioner shall ensure such lists are updated
regularly. With the assistance of the department of economic development

and other state agencies, beginning on July first, two thousand one,
ensure the availability to all authorized purchasers of a centralized
list which identifies commodities offered by New York state's small
businesses and a centralized list which identifies commodities and
services offered by businesses certified pursuant to article fifteen-A
of the executive law. Such lists shall be updated semiannually and
designed to enable effective identification of New York state's small
businesses and businesses certified pursuant to article fifteen-A of the
executive law.
(iv) ensure the specification of commodities for centralized contracts
reflect the form, function and utility required by state agencies and
conform, wherever possible, to industry standards. Where necessary, the
commissioner may develop specifications for commodities. When not
otherwise forthcoming from a particular firm or industry, the
commissioner may request information from businesses for the purpose of
establishing or improving a specification. The office of general
services may assist agencies in developing specifications for
agency-procured commodity contracts when industry standards are not
available or appropriate. In all cases, specifications shall be
consistent with the requirements of state agencies.
(v) With the assistance of the department of economic development and
other state agencies, provide a training program once per year, in each
economic development region, as established in article eleven of the
economic development law, beginning January first, two thousand one, for
those businesses certified pursuant to article fifteen-A of the
executive law and those interested in becoming certified. Such training
program shall provide assistance with respect to participation as a
vendor in the procurement process, as established in this article, and
including without limitation educating minority and women contractors
about surety bonding requirements on state contracts, and identifying
resources available to such contractors in obtaining their first bond
and in increasing their bonding capacity, including but not limited to
the federal small business administration bond guarantee program.
(vi) With the assistance of the department of economic development and
other state agencies, provide training once per year for staff of each
state agency's minority and women business development office, or if an
agency does not have such an office, then an agency's representative.
Such training program shall consist of a meeting with such agencies'
representatives to inform each agency of how to encourage procurement of
commodities and services from businesses certified pursuant to article
fifteen-A of the executive law.
(vii) assist the department of agriculture and markets and the
department of economic development in providing a training program once
per year, in each economic development region, established in article
eleven of the economic development law, to encourage and increase
participation in the procurement process, pursuant to this article, by
small businesses, as defined in section one hundred thirty-one of the
economic development law, including farms, selling food or food
products, animal or plant fiber products grown, produced, harvested, or
processed in New York state or textile products manufactured from animal
or plant fiber grown or produced predominantly in New York state and
assist such businesses in identifying such food, food products, or
animal or plant fiber products and textile products which may help to
meet state agencies' needs.
(viii) maintain a list of contractors which produce or manufacture or
offer for sale environmentally-sensitive cleaning and maintenance
products in the form, function and utility generally used by elementary
and secondary schools in accordance with specifications or guidelines

promulgated pursuant to section four hundred nine-i of the education
law.
(ix) review and consider prior to issuance of bid solicitations the
term of the proposed contract based on factors, including, but not
limited to; (A) the nature of the commodity, (B) the complexity of the
procurement, (C) the identity and type of purchasers, (D) the
suitability of the contract for adding additional contractors during the
term, and (E) the estimated contract value. This determination shall be
documented in the procurement record.
(x) reasonably consider aggregate amount of public sales by potential
vendors.
(xi) review and consider the feasibility of creating regional
contracts for commodities being procured by the state.
(xii) maintain a procurement record for each centralized contract
procurement identifying, with supporting documentation, decisions made
by the commissioner during the procurement process. The procurement
record shall include, but not be limited to, each contract amendment,
and the justification for each.
(xiii) maintain a list of New York-based firms which produce or
manufacture or offer for sale animal or plant fiber textile products
containing animal or plant fiber grown or produced predominantly in New
York state in the form, function and utility generally purchased for use
by state agencies.
c. When commodities are not available in the form, function and
utility required by state agencies through preferred sources or
centralized contracts, a state agency may, independently or in
conjunction with other state agencies, procure commodities in accordance
with the provisions of this section. State agencies may maintain
listings of firms, including those certified pursuant to article
fifteen-A of the executive law, or may use the office of general
services' listing of firms and may request assistance from the office of
general services. It shall be the responsibility of state agencies to
periodically advise the office of general services of those
agency-procured commodities which, due to the frequency of purchase or
related factors, should be made available through centralized contracts.
d. The commissioner may make, or cause to be made by a duly authorized
representative, any investigation which he or she may deem proper for
acquiring the necessary information from a state agency, except state
agencies where the head of the agency is not appointed by the governor,
including but not limited to the state education department, the
department of law, and the department of audit and control, for the
exercise of his or her powers and duties under this section. For such
purposes the commissioner may subpoena and compel the attendance of
witnesses before him or her, or an authorized representative, and may
compel the production of books, papers, records or documents. The
commissioner or a duly authorized representative may take and hear
proofs and testimony and, for that purpose, the commissioner or the duly
authorized representative may administer oaths. In addition, the
commissioner or the duly authorized representative:
(i) Shall have access at all reasonable times to offices of state
agencies;
(ii) May examine all books, papers, records and documents in any such
state agency as pertain directly to the purchase, control or
distribution of commodities; and
(iii) May require any state agency to furnish such data, information
or statement as may be necessary.
4. General provisions for purchasing services. State agency
procurement practices for services shall incorporate the following:

a. The purchase of services by state agencies including the office of
general services shall be conducted in a manner which accords first
priority to preferred sources in accordance with the provisions of this
article when the services required are available in the form, function
and utility required by state agencies through a preferred source.
b.
(i) Centralized contracts for services may be procured by the
office of general services at the request of state agencies or as
determined by the commissioner. The purchase of services by state
agencies, except state agencies where the head of the agency is not
appointed by the governor, including but not limited to the state
education department, the department of law, and the department of audit
and control, shall be conducted in a manner that accords second priority
to centralized contracts meeting form, function and utility required by
said agency, third priority to agency or multi-agency established
contracts and fourth priority to other means of contracting.
(ii) The commissioner shall:
(A) review and consider prior to issuance of bid solicitations the
term of the proposed contract based on factors, including, but not
limited to, (a) the nature of the service, (b) the complexity of the
procurement, (c) the identity and type of purchasers, (d) the
suitability of the contract for adding additional contractors during the
term, and (e) the estimated contract value. This determination shall be
documented in the procurement record.
(B) reasonably consider the aggregate amount of public sales by
potential vendors.
(C) review and consider the feasibility of creating regional contracts
for services being procured by the state.
(D) maintain a procurement record for each centralized contract
procurement identifying with supporting documentation, decisions made by
the commissioner during the procurement process. The procurement records
shall include, but not be limited to, each contract amendment, and the
justification for each.
c. When services are not available from preferred sources consistent
with the provisions of this article in the form, function or utility
required by state agencies, state agencies may procure services
independently or in conjunction with other state agencies in accordance
with the provisions of this section.
d. Service contracts shall be awarded on the basis of best value to a
responsive and responsible offerer; or, in the case of multiple awards,
in accordance with paragraph c of subdivision ten of this section.
e. The commissioner is authorized to permit purchases of services for
authorized users through the office of general services' centralized
contracts. Such authorized users so empowered shall accept sole
responsibility for any payment due with respect to such purchases.
g. All state agencies shall require all contractors, including
sub-contractors, that provide services for state purposes pursuant to a
contract, to submit an annual employment report for each contract for
services that includes for each employment category within the contract
the number of employees employed to provide services under the contract,
the number of hours they work and their total compensation under the
contract. Employment reports shall be submitted to the agency that
awarded the contract, the department of civil service and the department
of audit and control and shall be available for public inspection and
copying pursuant to section eighty-seven of the public officers law
provided that in disclosing such reports pursuant to the public officers
law, the agency making the disclosure shall redact the name or social
security number of any individual employee that is included in such
document.

5. Process for conducting state procurements. The process for
conducting state procurements for services and commodities shall be as
follows:
Determination of need. State agencies shall be responsible for
determining the need for a given service or commodity:
(i) For commodities, upon such determination of need, state agencies
shall ascertain whether the commodity is available in the form, function
and utility consistent with their needs from preferred sources and if
so, shall purchase said commodity from a preferred source in accordance
with the provisions of this article. If not so available, state agencies
shall determine whether the commodity is available in the form, function
and utility consistent with their needs on a centralized contract and if
so, except as provided in subparagraph (v) of paragraph a of subdivision
three of this section, shall purchase said commodity using the
centralized contract. If a commodity is not available in the form,
function and utility consistent with the needs of the state agency from
a preferred source or a centralized contract or as provided for in
subparagraph (v) of paragraph a of subdivision three of this section,
the state agency may procure the commodity independently or in
conjunction with another state agency in accordance with paragraph c of
subdivision three of this section.
(ii) For services, upon such determination of need, state agencies
shall ascertain whether the service is available in the form, function
and utility consistent with their needs from preferred sources and, if
so, shall purchase said service through the preferred source in
accordance with the provisions of this article. If not so available,
state agencies the heads of which are appointed by the governor:
(A) Shall purchase the service if it is available in the form,
function and utility consistent with their needs using an established
centralized contract procured by either the office of general services
or another state agency;
(B) May request that the office of general services procure such a
service, particularly with respect to those services having utility
and/or benefit to more than one state agency; or
(C) May procure the service independently or in conjunction with
another state agency.
6. Discretionary buying thresholds. Pursuant to guidelines established
by the state procurement council: the commissioner may purchase services
and commodities for the office of general services or its customer
agencies serviced by the office of general services business services
center in an amount not exceeding eighty-five thousand dollars without a
formal competitive process; state agencies may purchase services and
commodities in an amount not exceeding fifty thousand dollars without a
formal competitive process; and state agencies may purchase commodities
or services from small business concerns or those certified pursuant to
article fifteen-A of the executive law and article three of the
veterans' services law, or commodities or technology that are recycled
or remanufactured in an amount not exceeding five hundred thousand
dollars without a formal competitive process and for commodities that
are food, including milk and milk products, or animal or plant fiber
products, grown, produced, harvested, or processed in New York state or
textile products manufactured from animal or plant fiber grown or
produced predominantly in New York state in an amount not to exceed two
hundred thousand dollars, without a formal competitive process.
6-a. Discretionary purchases. Notwithstanding the provisions of
subdivision two of section one hundred twelve of this chapter relating
to the dollar threshold requiring the state comptroller's approval of
contracts, the commissioner of general services may make purchases or

enter into contracts for the acquisition of commodities and services for
the office of general services or its customer agencies serviced by the
office of general services business services center having a value not
exceeding eighty-five thousand dollars without prior approval by any
other state officer or agency in accordance with procedures and
requirements set forth in this article.
6-b. Determination of threshold amount. For determination of threshold
amount purposes of determining whether a purchase is within the
discretionary thresholds established by subdivision six of this section,
the commissioner and state agencies shall consider the reasonably
expected aggregate amount of all purchases of the same commodities or
services to be made within the twelve-month period commencing on the
date of purchase. Purchases of services or commodities shall not be
artificially divided for the purpose of satisfying the discretionary
buying thresholds established by subdivision six of this section. A
change to or a renewal of a discretionary purchase shall not be
permitted if the change or renewal would bring the reasonably expected
aggregate amount of all purchases of the same commodities or services
from the same provider within the twelve-month period commencing on the
date of the first purchase to an amount greater than the discretionary
buying threshold amount.
6-c. Pursuant to the authority provided in subdivision six of this
section, for the purchase of commodities that are food, including milk
and milk products, or animal or plant fiber products, grown, produced,
harvested, or processed in New York state or textile products
manufactured from animal or plant fiber grown or produced predominantly
in New York state, where such commodities exceed fifty thousand dollars
in value, state agencies must advertise the discretionary purchase on
the state agency website for a reasonable period of time and make the
discretionary purchase based on the lowest price that meets the state
agency's form, function and utility.
6-d. Pursuant to the authority provided in subdivision six of this
section, state agencies shall report annually on a fiscal year basis by
July first of the ensuing year to the director of the division of
minority and women-owned business development the total number and total
value of contracts awarded to businesses certified pursuant to article
fifteen-A of the executive law, and with respect to contracts awarded to
businesses certified pursuant to article three of the veterans' services
law such information shall be reported to the division of
service-disabled veteran-owned business enterprises for inclusion in
their respective annual reports.
7. Method of procurement. Consistent with the requirements of
subdivisions three and four of this section, state agencies shall select
among permissible methods of procurement including, but not limited to,
an invitation for bid, request for proposals or other means of
solicitation pursuant to guidelines issued by the state procurement
council. State agencies may accept bids electronically including
submission of the statement of non-collusion required by section one
hundred thirty-nine-d of this chapter, and the statement of
certification required by section one hundred thirty-nine-l of this
chapter. Except where otherwise provided by law, procurements shall be
competitive, and state agencies shall conduct formal competitive
procurements to the maximum extent practicable. State agencies shall
document the determination of the method of procurement and the basis of
award in the procurement record. Where the basis for award is the best
value offer, the state agency shall document, in the procurement record
and in advance of the initial receipt of offers, the determination of
the evaluation criteria, which whenever possible, shall be quantifiable,

and the process to be used in the determination of best value and the
manner in which the evaluation process and selection shall be conducted.
7-a. Notwithstanding the electronic bid provisions set forth in
subdivision seven of this section, starting April first, two thousand
twenty-three, and ending March thirty-first, two thousand twenty-seven,
state agencies may require electronic submission as the sole method for
the submission of bids for commodity, service and technology contracts,
including submission of the statement of non-collusion required by
section one hundred thirty-nine-d of this chapter, and the statement of
certification required by section one hundred thirty-nine-l of this
chapter, and may require electronic signatures on all documents required
for submission of a bid, any resulting contracts, and required
submissions during the term of any contract. Prior to requiring the
electronic submission of bids, the agency shall make a determination,
which shall be documented in the procurement record, that electronic
submission affords a fair and equal opportunity for offerers to submit
responsive offers, and that the electronic signature complies with the
provisions of article three of the state technology law.
7-b. On or before December first, two thousand twenty-six, the
commissioner of the office of general services shall submit to the
speaker of the assembly and the temporary president of the senate and
post on the website of the office of general services a report
including, but not limited to, the following information:
(a) which state agencies required electronic submission as the sole
method by which bids could be submitted for the period from April first,
two thousand twenty-three through March thirty-first, two thousand
twenty-six;
(b) the number and types of contracts for which such state agencies
required electronic submission as the sole method by which bids could be
submitted for the period from April first, two thousand twenty-three
through March thirty-first, two thousand twenty-six;
(c) the estimated savings to the state as a result of such state
agencies requiring electronic submission as the sole method by which
bids could be submitted in response to a solicitation and the basis on
which the estimate is made;
(d) to the extent practicable, the size, industry, minority- and
women-owned business enterprise composition, service-disabled
veteran-owned business enterprise composition, and geographic
distribution of those vendors that submitted bids in response to
solicitations from state agencies where electronic submission was the
sole method by which bids could be submitted for the period from April
first, two thousand twenty-three through March thirty-first, two
thousand twenty-six;
(e) to the extent practicable, the size, industry, minority- and
women-owned business enterprise composition, service-disabled
veteran-owned business enterprise composition, and geographic
distribution of those vendors that submitted non-electronic bids in
response to solicitations from state agencies where electronic
submission was accepted but not required for the period from April
first, two thousand twenty-three through March thirty-first, two
thousand twenty-six; and
(f) recommendations for the future use of electronic bidding as a
permissible method of procurement.
8. Public notice. All procurements by state agencies, including,
without limitation, the state university of New York and the city
university of New York, in excess of fifty thousand dollars shall be
advertised in the state's procurement opportunities newsletter in
accordance with article four-C of the economic development law.

9. Soliciting and accepting offers. For purchases from sources other
than preferred sources and for purchases in excess of the discretionary
buying threshold established in subdivision six of this section:
a. The commissioner or 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 offerers 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 and/or weight of cost and the
overall technical criterion 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 offerers 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
offerers determined to be susceptible of being selected for contract
award, prior to award. Offerers shall be accorded fair and equal
treatment with respect to their opportunity for discussion and revision
of offers. A state agency shall, upon request, provide a debriefing to
any unsuccessful offerer that responded to a request for proposal or an
invitation for bids, regarding the reasons that the proposal or bid
submitted by the unsuccessful offerer was not selected for an award. The
opportunity for an unsuccessful offerer to seek a debriefing shall be
stated in the solicitation.
(i) A debriefing shall be requested by the unsuccessful offerer within
fifteen calendar days of release by the state agency of a notice in
writing or electronically that the offerer's offer is unsuccessful.
(ii) Such notice shall be provided to all unsuccessful offerers by the
state agency for the specific procurement.
(iii) The state agency, upon a request made within fifteen days of
release of the written or electronic notice from the unsuccessful
offerer for a debriefing, shall schedule the debriefing to occur within
a reasonable time of such request. Debriefings shall be conducted by the
state agency with the unsuccessful offerer in-person, provided, however,
the parties may mutually agree to utilize other means such as, but not
limited to, by telephone, video-conferencing or other types of
electronic communications. State agency personnel participating in the
debriefing discussion shall have been involved with and knowledgeable
about the procurement and the evaluation and selection of the successful
offerer or offerers.
(iv) Such debriefing shall include, but need not be limited to: (A)
the reasons that the proposal, bid or offer submitted by the
unsuccessful offerer was not selected for award; (B) the qualitative and
quantitative analysis employed by the agency in assessing the relative
merits of the proposals, bids or offers; (C) the application of the

selection criteria to the unsuccessful offerer's proposal; and (D) when
the debriefing is held after the final award, the reasons for the
selection of the winning proposal, bid or offer. The debriefing shall
also provide, to the extent practicable, general advice and guidance to
the unsuccessful offerer concerning potential ways that their future
proposals, bids or offers could be more responsive.
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 sixty
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 sixty 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 contractor which shall
supplement, as appropriate, but not supersede the determination of
responsibility that may be required pursuant to section one hundred
thirty-nine-k of this chapter.
g. A procurement record shall be maintained for each procurement
identifying, with supporting documentation, decisions made by the
commissioner or state agency during the procurement process. The
procurement record shall include, but not be limited to each contract
amendment and the justification for each.
10. Letting of contracts. Contracts for commodities shall be awarded
on the basis of lowest price to a responsive and responsible offerer.
Contracts for services shall be awarded on the basis of best value from
a responsive and responsible offerer. Multiple awards for services and
commodities shall be conducted in accordance with paragraph c of this
subdivision.
a. Selection and award shall be a written determination in the
procurement record made by the commissioner or a state agency in a
manner consistent with the provisions of the solicitation. In the event
two offers 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. (i) 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 in the procurement record, subject to
review by the state comptroller, 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.
(ii) State agencies shall minimize the use of single source
procurements and shall use single source procurements only when a formal
competitive process is not feasible. State agencies shall document in
the procurement record the circumstances and the material and
substantial reasons why a formal competitive process is not feasible.
The term of a single source procurement contract shall be limited to the
minimum period of time necessary to ameliorate the circumstances which
created the material and substantial reasons for the single source
award. Not later than thirty days after the contract award, state

agencies shall, for all single source procurement contracts, make
available for public inspection on the agency website, a summary of the
circumstances and material and substantial reasons why a competitive
procurement is not feasible. Any information which the contracting
agency is otherwise prohibited by law from disclosing pursuant to
sections eighty-seven and eighty-nine of the public officers law, shall
be redacted from the documentation published on the agency website.
c. The commissioner or state agency may elect to award a contract to
one or more responsive and responsible offerers 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 requirements 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. A state agency purchaser shall
document in the procurement record its rationale for the use of a
contract let by any department, agency or instrumentality of the United
States government or any department, agency, office, political
subdivision or instrumentality of any other state or states. Such
rationale shall include, but need not be limited to, a determination of
need, a consideration of the procurement method by which the contract
was awarded, an analysis of alternative procurement sources including an
explanation why a competitive procurement or the use of a centralized
contract let by the commissioner is not in the best interest of the
state, and the reasonableness of cost.
f. The commissioner is authorized to let centralized contracts, in
accordance with the procedures of this section, 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.
11. Reasonableness of results. It shall be the responsibility of the
head of each state agency to periodically sample the results of the
procurement process to test for reasonableness; to ensure that the
results withstand public scrutiny and that the quality and the price of
the purchase makes sense; and to ensure that purchasing is conducted in
a manner consistent with the best interests of the state.
12. Review by the office of the state comptroller. Review by the
office of the state comptroller shall be in accordance with section one
hundred twelve of this chapter. If the contracting agency has not
complied with one or more provisions of this article, the state
comptroller may approve the awarded contract if:
a. the contracting agency determines that the noncompliance was a
non-material deviation from one or more provisions of this article. For
the purposes of this subdivision "non-material deviation" shall mean
that such noncompliance did not prejudice or favor any vendor or
potential vendor, such noncompliance did not substantially affect the

fairness of the competitive process, and that a new procurement would
not be in the best interest of the state. Such determination by the
contracting agency and the state comptroller shall be documented in the
procurement record; and
b. the state comptroller concurs in such determination.
13. Technological procurement improvements. The state procurement
council may request that the office of general services provide, or
recommend to the state comptroller to provide for the utilization of
technological advances and efficiencies in the procurement process
including, but not limited to, electronic ordering and payment,
procurement cards and similar improvements.
14. Reporting by the state comptroller. To support transparency in the
state's procurement process and prudent procurement management,
oversight and policy-making, the state comptroller shall submit a report
to the state procurement council, the governor, the commissioner of the
office of general services, the director of the budget, and the
legislative fiscal committees containing data related to state agency
contracts. Such report shall be made annually, on a fiscal year basis by
the first of July of the next succeeding year.
a. For state agency contracts, such report shall include:
(i) a list of all active contracts as of the end of the fiscal year;
(ii) a list of all contracts reviewed by the office of the state
comptroller during the fiscal year;
(iii) a list of contract award protests reviewed by the office of the
state comptroller and the resolution thereof; and
(iv) for consulting contracts subject to approval of the state
comptroller, a report of planned and actual employment under each
contract.
b. The lists required pursuant to subparagraphs (i) and (ii) of
paragraph a of this subdivision shall include, to the extent reasonably
available, the following information related to each contract:
(i) the state agency letting the contract;
(ii) the state agency for which the contract is let, if different;
(iii) whether an agency contract or centralized contract;
(iv) vendor name and address;
(v) a description of the contract. For contracts let under section
nine of the public buildings law, the description shall denote the scope
of work of the contract and the nature of the emergency for which it was
let;
(vi) contract start and end dates;
(vii) the dollar value of the contract;
(viii) for contracts subject to approval by the state comptroller,
whether approved or non-approved, the date of such
approval
on-approval, and if non-approved, the reason or reasons
therefor;
(ix) life to date and fiscal year expenditures against the contract
and by which agencies;
(x) major contract category, including, but not limited to,
consultant, construction, equipment, grants, leases, land claim,
miscellaneous services, printing, repayment agreements, revenue
agreements, intergovernmental agreements, and commodities;
(xi) source selection method, including "lowest price", "best value",
sole source, single source, negotiated and/or emergency procurement;
(xii) number of bids/proposals received by the contracting agency; and
(xiii) subtotals as deemed applicable.
c. The report required pursuant to subparagraph (iv) of paragraph a of
this subdivision shall include:
(i) information required to be reported by the contractor annually by
the employment category within the contract, including the planned
number of employees to provide services under the contract, the planned
number of hours to be worked under the contract, and the total
compensation planned under the contract; and
(ii) information required to be reported by the contractor annually
pursuant to paragraph g of subdivision four of this section,
specifically, the actual number of employees, by employment category
within the contract, employed to provide services under the contract,
the number of hours worked and total compensation under the contract.
d. For the purposes of the report required pursuant to subparagraph
(iv) of paragraph a of this subdivision, a "contract for consulting
services" shall mean any contract entered into by a state agency for
analysis, evaluation, research, training, data processing, computer
programming, engineering, environmental health and mental health
services, accounting, auditing, paralegal, legal, or similar services.
Such report shall be available for public inspection and copying
pursuant to section eighty-seven of the public officers law provided
that in disclosing such reports pursuant to the public officers law, the
agency making the disclosure shall redact the name, social security
number and other personal information of any individual employee or
consultant that is included in such document.
e. The information required by this subdivision shall be provided in
electronic format in such form as prescribed by the state comptroller
such that the data can be searched and sorted.
f. All reports required under this subdivision shall be available for
public inspection and copying pursuant to section eighty-seven of the
public officers law provided that in disclosing such reports pursuant to
the public officers law, the agency making the disclosure shall redact
the name or social security number of any individual employee that is
included in such document.
15. Reporting by agencies. a. State agencies shall report annually, on
a fiscal year basis, by July first of the ensuing year to the state
procurement council, the governor, the legislative fiscal committees and
the state comptroller the total number and total dollar value of single
source contracts awarded by the agency during the fiscal year, and the
percentage such contracts represent of the agency's total number and
total dollar value of contract awards during the reporting period.
b. Each state agency shall include with its report an assessment by
the agency head of the agency's efforts to minimize the award of single
source contracts.
c. All reports required under this subdivision shall be available for
public inspection and copying pursuant to section eighty-seven of the
public officers law provided that in disclosing such reports pursuant to
the public officers law, the agency making the disclosure shall redact
the name or social security number of any individual employee that is
included in such document.
** NB Repealed June 30, 2026

Structure New York Laws