N.Y. Comp. Codes R. & Regs. tit. 9 § 250.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 250.4 - General provisions for purchasing services

State agency procurement practices for services shall incorporate the following:

(a) The purchase of services by State agencies shall be conducted in a manner which accords first priority to preferred sources in accordance with the provisions of this Part when the services required are available in the form, function and utility required by State agencies through a preferred source.

(b) A centralized contract shall be established for those services required by State agencies in a manner which maximizes the purchasing value of public funds. Centralized contracts, including multiple contracts, shall be established from time to time in such number and scope as will ensure the sufficient and uninterrupted availability of services for State agency use. Such contracts shall be established in cooperation with the State Procurement Council and State agencies, to reflect the identity, form, function and utility required by State agencies and to include specifications that conform, wherever possible, to industry standards. Factors to be considered in the determination whether to establish such contracts may include, without limitation, the availability of a volume discount, prior use of the service among State agencies, the relative cost of establishing the contract, its anticipated use and expected actual savings for the State.

(c) When services are not available from preferred sources consistent with the provisions of this Part 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 section 250.10 of this Part.

(d) Service contracts shall be awarded on the basis of best value to a responsive and responsible offeror; or, in the case of multiple awards, in accordance with section 250.10(c) of this Part.

(e) Any officer, body or agency of a political subdivision as defined in section 100 of the General Municipal Law or a district therein, may make purchases of services through centralized contracts for services, subject to the provisions of section 104 of the General Municipal Law. Any public authority or public benefit corporation of the State including the Port Authority of New York and New Jersey or other authorized purchaser may make purchases of services through centralized contracts for services. Any public library, association library, library system, cooperative library system, the New York Library Association and the New York State Association of Library Boards or any other library except those operated by for profit entities may make purchases through centralized contracts for services.

(f) All State agencies shall require all contractors, including subcontractors, 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 records 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 87 of the Public Officer 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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 250.4