Procurement Guidelines - New York State Office of General Services

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e precise enough so that the agency will receive the commodity or service needed, yet broadenough to encourage competition. The agency should develop generic requirements that do notfavor a particular vendor. However, the solicitation may incorporate any information obtainedfrom research regarding the products and/or services available.Specifications establish the minimum level of acceptable requirements. The level ofdetail required in the specification depends upon the complexity of the commodities and/orservices being procured.There are several methods for creating specifications. The most common are:Make and Model or Equal – If an agency is not limiting the procurement to a specificbrand, it may use a brand name and model as a reference to describe requirementssuch as functionality, style or capacity. The agency would award to the low bid offeringthe specified product or one of equal characteristics. (For example, “XYZ Corporation’swashing machine Model #123 or equal.)Make and Model Specific – If an agency determines (and can justify in writing forinclusion in the procurement record) that only one product (specific brand) or certainproducts meet its needs, and where competition exists, the IFB must state that bids willbe accepted on the specified items only and no substitutions will be considered. (Forexample, “XYZ Corporation’s Part #”.)Technical Specifications – These describe the product, usually detailing the physicalcomponents, method of assembly and, in some cases, chemical composition. (Forexample, a chain must be made of a certain material, a particular gauge, and have aspecific tensile strength.)Performance Specifications – Describes the performance standards required for theproduct and/or service that is being procured. The bidder must ensure that the productor service offered will meet the performance specifications. (For example, a windowwashing contract on a set schedule.)Step 2: Prepare the Solicitation DocumentIn addition to the product/service specifications, the solicitation informs potential biddersof the nature of the procurement, any statutory requirements, the deadline for submission ofbids, the location where bids must be sent, delivery terms, any special delivery requirements,and the basis for the award (e.g., lowest price).The solicitation may also include other terms that the procuring agency desires orrequires to be in the contract. For example, if the agency chooses to allow for cost adjustments,the basis for the cost adjustment must be specified in the IFB. Cost adjustments may be basedon standard measures such as the U.S Bureau of Labor Statistics Consumer Price Index (CPI)or the Producer Price Index (PPI).Bid instructions should inform the potential bidder of the contract period, the pricestructure, (hourly, per item, per carton, square foot, etc.), the agency’s bid protest / disputeresolution policy (if applicable), performance requirements, contract monitoring, termination20New York State Procurement Guidelines
ights and any optional requirements. The solicitation should also outline any bidderqualifications that the agency requires, such as licensing, if required, special equipment,financial viability, minimum years of experience, etc. If a specified qualification results inreduced competition, the agency may need to justify the requirement.The document must inform potential bidders of the state’s “reserved rights.” A list ofreserved rights is included in Chapter III and should be the minimum used. Agencies areencouraged to review the list and add to it, as needed.The solicitation should inform potential bidders of the method of award – that is, whetherthe award will be by lot, item, region, or some other method.The solicitation should also inform bidders of the requirements of Appendix A anddepending on the nature and/or value of the contract, other requirements that must be includedin the IFB.Step 3: Advertise the Procurement OpportunityRefer to Chapter III of these Guidelines.Step 4: Distribute the IFBOnce the IFB has been completed and the advertisement(s) placed, the IFB should bedistributed to all known potential bidders and any bidder that requests a copy as a result of theadvertisement(s). Potential bidders can be identified through web searches, previousprocurements, bidder lists maintained by the agency, and/or the Department of EconomicDevelopment list of New York State Certified M/WBEs. The IFB (or notice of the IFB) can bedistributed via postal mail, e-mail, posting to agency website, and other means.Step 5: Conduct Site Visits and Pre-Bid ConferencesPrior to the due date for bids, an agency may require site visits to ensure that biddersare aware of site conditions. The agency may also hold a pre-bid conference to allow bidders toask questions and/or exchange information with agency staff. The solicitation must identify thedate, time and location of such events, if planned, and whether attendance is mandatory inorder to bid.Step 6: Answer QuestionsThe agency should allow a period of time for bidders to submit written questions, and forthe agency to provide written responses. All questions raised and answers provided, includingthose arising during site visits and pre-bid conferences, must be confirmed in writing and sharedwith all potential bidders.New York State Procurement Guidelines 21
Page 4 and 5: J. Bidder Debriefings .............
Page 6 and 7: VII. GLOSSARY......................
Page 8 and 9: C. Application and Scope of Guideli
Page 10 and 11: II. PROCUREMENT BASICSE. Overview o
Page 12 and 13: G. Preferred Source OfferingsWhen a
Page 14 and 15: allowed a minimum of two business d
Page 16 and 17: When contemplating a discretionary
Page 18 and 19: III. GENERAL GUIDANCE FOR SOLICITAT
Page 20 and 21: • Prior to the bid opening, direc
Page 22 and 23: these points is known as the “res
Page 24 and 25: J. Bidder DebriefingsThe solicitati
Page 28 and 29: Step 7: Receive BidsThe IFB must st
Page 30 and 31: V. SPECIFIC GUIDANCE: REQUESTS FORP
Page 32 and 33: pre-bid conference will be held, th
Page 34 and 35: C. Additional Content Consideration
Page 36 and 37: Separate Team ApproachUnder this ap
Page 38 and 39: Example 2: The technical criteria m
Page 40 and 41: Following completion of the initial
Page 42 and 43: M. Documentation Requirements for C
Page 44 and 45: other salient information. Question
Page 46 and 47: L. Adapting Standard Formats to the
Page 48 and 49: Bidder (also referred to as an offe
Page 50 and 51: Piggyback Contract - A newly create
Page 52 and 53: Sole Source - A procurement in whic
Page 54 and 55: A. SAMPLE OUTLINE FOR AN “INVITAT
Page 56 and 57: B. S AMP LE OUTLINE FOR A “REQUES
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Procurement Guidelines - New York State Office of General Services

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