Procurement Guidelines - New York State Office of General Services

obtained for a sole source contract if the contract’s value is over the StateFinance Law §112 discretionary threshold. In addition, if the agency is seeking awaiver from advertising in the New York State Contract Reporter, OSC mustapprove the exemption.• Single Source Contract – A single source procurement is one in which,although there are two or more potential offerers, the agency has determined thatit is in the best interest of the state to procure from a particular vendor. (A typicalexample would be where an agency needs maintenance for a particular piece ofequipment, and that maintenance must be provided by a particular vendor tomaintain the warranty.) OSC approval must be obtained for a single sourcecontract if the contract’s value is over the State Finance Law §112 discretionarythreshold discretionary threshold. In addition, if the agency is seeking a waiverfrom advertising in the New York State Contract Reporter, OSC must approvethe exemption.• Piggyback Contract – At times, an agency may find it more efficient to establisha contract based on another governmental entity’s contract. This is known as“piggybacking” and may be used in accordance with the criteria established inthe Procurement Council Guidelines Piggybacking Purchasing Memorandum CL-288, available at:www.ogs.state.ny.us/procurecounc/pdfdoc/pgbcl288.pdfThe agency must seek approval for the use of a piggyback contract from OGS.Finally, the agency must create a New York State contract and obtain allapprovals necessary for the specified contract value.• Emergency Contracts – An emergency procurement is one in which an urgentand unexpected situation occurs where health and public safety or theconservation of public resources is at risk. Where an emergency exists, anagency may issue procurement contracts without complying with formalcompetitive bidding requirements. However, an agency should make areasonable attempt to obtain at least three oral quotes. An agency’s failure toproperly plan in advance – which then results in a situation where normalpractices cannot be followed – does not constitute an emergency. OSC approvalmust be obtained for an emergency contract if the contract’s value is over theState Finance Law §112 discretionary threshold discretionary threshold. Inaddition, if the agency is seeking a waiver from advertising in the New York StateContract Reporter, OSC must approve the exemption.I. Discretionary PurchasesDiscretionary purchases are procurements made below statutorily established monetarylevels and at the discretion of the agency, without the need for a formal competitiveprocurement process. Use of discretionary purchasing streamlines the procurement process.Discretionary purchasing also improves opportunities for Minority or Women-OwnedBusiness Enterprise (M/WBE) vendors and New York State Small Businesses to securebusiness with the state and promotes the use of recycled or remanufactured commodities.New York State Procurement Guidelines 9