N.Y. State Finance Law § 161: State procurement council

§ 161. State procurement council. 1. a. The state procurement council

shall continuously strive to improve the state's procurement process.

Such council shall consist of twenty-one members, including the

commissioner, the state comptroller, the director of the budget, the

chief diversity officer and the commissioner of economic development, or

their respective designees; seven members who shall be the heads of

other large and small state agencies chosen by the governor, or their

respective designees; one member, appointed by the governor,

representing a not-for-profit New York-based organization engaged in the

marketing and/or promotion of New York grown farm and agricultural

products or a not-for-profit New York-based organization engaged solely

in the advocacy, marketing and/or promotion of organic New York grown

farm and agricultural products to be limited to a two year term; and

eight at large members appointed as follows: three appointed by the

temporary president of the senate, one of whom shall be a representative

of local government and one of whom shall be a representative of private

business; three appointed by the speaker of the assembly, one of whom

shall be a representative of local government and one of whom shall be a

representative of private business; one appointed by the minority leader

of the senate; and, one appointed by the minority leader of the

assembly; and two non-voting observers appointed as follows: one

appointed by the temporary president of the senate and one appointed by

the speaker of the assembly. The non-voting observers shall be provided,

contemporaneously, all documentation and materials distributed to

members. The council shall be chaired by the commissioner and shall meet

at least quarterly.

b. The at large members shall each serve a term of three years;

provided, however, that for their initial appointments, the temporary

president of the senate and the speaker of the assembly shall each

designate one member to serve a term of one year, one member to serve a

term of two years and one member to serve a term of three years. Any

vacancy among the at large members shall be filled by appointment

pursuant to paragraph a of this subdivision for the unexpired balance of

the term. The non-voting observers shall each serve a term of three

years. All the initial appointments made pursuant to this section shall

be deemed to have been made and to have been effective for all purposes

on the fourth day of June, nineteen hundred ninety-six.

c. The members of the council shall serve without compensation, except

that each of them shall be allowed the necessary and actual expenses

incurred in the performance of any of their duties hereunder.

d. The council may conduct any business authorized herein when a

quorum of the members are represented in session.

2. The council shall:

a. Evaluate and make recommendations to the commissioner for the

development of specifications for commodities and services to be

acquired by or for state agencies through centralized contracts,

including, but not limited to, evaluations and recommendations on

minimum purchase quantities and standards for quality, function and

utility;

b. Establish and maintain guidelines which, in the manner provided by

this article, enable state agencies to acquire products directly from

vendors or suppliers other than those participating in a centralized

contract when such products are not required by this article to be

acquired from a preferred source and when such products are available in

substantially similar function, form or utility and at prices or other

terms more economically beneficial for the purposes of the acquiring

state agency;

c. Identify to the commissioner any deficiencies in products or

services made available to state agencies through centralized contracts,

including, at the discretion of the council, matters relating to

specifications developed and employed for procurement of products or

services through centralized contracts;

d. Establish and, from time to time, amend guidelines concerning state

procurement and provide for the appropriate distribution and

dissemination of such guidelines and other information concerning all

matters relating to procurement of products, construction items or

services for state agencies;

e. Recommend to the commissioner necessary legislative changes or

modifications to existing or proposed rules, regulations and procedures

which would simplify, accelerate or otherwise improve the state's

procurement process and make specific recommendations to the

commissioner by September thirtieth, nineteen hundred ninety-five for

the improvement of the New York state printing and public documents law;

f. Act as a clearinghouse for the purpose of identification of

potential cost reductions and other efficiencies through the combination

of similar procurement requirements of state agencies;

g. Consult with and advise the commissioner on strategic technology

investments that will facilitate electronic access to the terms and

conditions of existing procurement contracts, promote electronic

commerce including, but not limited to, payment to vendors, promote and

enhance the efficiency of the procurement of products and services by or

for state agencies and produce useful information that supports state

procurement operations, management, analysis and decision making

including, but not limited to, data concerning the status and use of

procurement contracts and the number and type of contracts and award

recipients;

h. Establish and, from time to time, amend guidelines for purchases of

commodities, by the commissioner or state agencies. Such guidelines

shall ensure the wise and prudent use of public money in the best

interest of the taxpayers of the state; and guard against favoritism,

improvidence, extravagance, fraud and corruption;

i. Establish and, from time to time, amend guidelines for the

procurement of services and technology in accordance with the provisions

of this article. Such guidelines shall ensure the wise and prudent use

of public money in the best interest of the taxpayers of the state;

guard against favoritism, improvidence, extravagance, fraud and

corruption; and ensure that service contracts are awarded on the basis

of best value, including, but not limited to, the following criteria:

quality, cost, and efficiency;

j. Consult with and advise the commissioner on new opportunities to

acquire commodities and services including, but not limited to, regional

or statewide equipment or facility maintenance services, professional

services, coordination and cooperation with other centralized purchasing

entities, and coordination of reuse of surplus property;

k. Report by December thirty-first, nineteen hundred ninety-five and

thereafter biennially to the governor, the legislature and the director

of the budget, the significant findings of the council including, but

not limited to, substantial savings generated by council initiatives and

the recommendations of the council concerning the state's procurement

practices; and

l. Undertake other related activities as are necessary to effectuate

this article including the development of a strategic plan for the

improvement of state procurement.

m. Establish and, from time to time, amend guidelines with respect to

publishing by state agencies of quarterly listings of projected

procurements having a value greater than five thousand dollars but less

than fifty thousand dollars in the procurement opportunities newsletter

established by article four-C of the economic development law.

n. Recommend to the commissioner necessary legislative changes or

modifications to existing or proposed rules, regulations and procedures

that would increase access to the state's procurement process by

minority-owned business enterprises and women-owned business enterprises

and create model language to be used by agencies when issuing requests

for bids or proposals to other solicitations or offers that would

increase the ability of small businesses to participate in state

procurements.

3. The commissioner may, when he or she deems it necessary to

implement the provisions and intent of this article, adopt

recommendations made by the council and may, at the request of the state

procurement council, promulgate rules and regulations pursuant to the

state administrative procedure act to give effect to such

recommendations. When the commissioner adopts recommendations made by

the council but does not promulgate rules and regulations implementing

such recommendations, the commissioner shall publish said

recommendations or a summary thereof in the state register. If the

commissioner modifies or rejects any recommended rule or regulation, he

or she shall notify the council providing a written explanation thereof.

4. The commissioner shall report to the governor, the legislature and

the director of the budget by December thirty-first, nineteen hundred

ninety-five and thereafter annually on any modifications to or

rejections of the rules and regulations proposed by the council.

5. Nothing in this section shall be deemed to alter, supersede, modify

or amend any provision of this article which establishes preferential

status for any producer or supplier of commodities or services.