Procurement Guidelines - New York State Office of General Services

More documents

Recommendations

Info

Bidder (also referred to as an offerer or proposer) – Any individual, business, or other legalentity, or any employee, agent, consultant or person acting on behalf thereof, that submits a bidin response to a bid solicitation.Bidder List – A list of names and addresses of vendors from whom bids, proposals, orquotations are solicited. This may also apply to a list of potential bidders that is maintained byan agency.Centralized Contract – Any contract let by the OGS Procurement Services Group for use bystate agencies or any other authorized user, for the purchase of commodities or services.Centralized contracts are established or approved by the Commissioner of General Services asmeeting the state’s requirements.Commodities – Material goods, supplies, products, construction items or other standardarticles of commerce (other than printing or technology) that are the subject of any purchase orexchange (State Finance Law §160 (3)).Contact – Any oral, written or electronic communication with a governmental entity undercircumstances where a reasonable person would infer that the communication was intended toinfluence the governmental procurement (State Finance Law §§139-j (1) and 139-k (1) (c)).Contract – A written agreement that formalizes the obligations of all parties involved.Contractor – Any individual, business or other legal entity awarded a contract with a stateagency to furnish commodities or services for an agreed-upon price.Cost – The total dollar expenditure of a procurement. Article 11 of the State Finance Lawrequires costs of the given goods or services to be quantifiable. This must take into account theprice; the administrative, training, storage, maintenance or other associated overheadexpenses; the value of warranties, delivery schedules, financing costs and foregone opportunitycosts; and the life span and associated life cycle costs of the given good or service beingpurchased (State Finance Law §160 (5)).Debriefing – The practice whereby, upon the request of a bidder, the state agency advisessuch bidder of the reasons why its bid was not selected for an award. It is viewed as a learningprocess for the bidder to be better prepared to participate in future procurements.Discretionary Purchase – Purchases below an established dollar level that are authorized bylaw to be made without a formal competitive process.Draft RFP – An advance copy of the RFP that is sent to known potential bidders for remarks orcomments prior to the RFP being issued by the agency.Emergency – An urgent and unexpected situation where health and public safety or theconservation of public resources are at risk. Such situations may create a need for anemergency contract. (State Finance Law §163 (1) (b)) An agency’s failure to properly plan inadvance, which results in a situation where normal practices cannot be followed, does notconstitute an emergency.42New York State Procurement Guidelines
F.O.B. Destination – As defined in U.C.C. §2-319, “free on board (F.O.B.) destination” meansthere will be no additional charge for delivery to the agency’s specified location, and that the titleis conveyed from the vendor to the agency at the destination of the shipment. The vendor ownsthe goods during transit and will file any damage claims.F.O.B. Origin – As defined in U.C.C. §2-319, “free on board (F.O.B.) origin” means that thereceiving agency pays the delivery charges and the title is conveyed at the origin of theshipment. Because the agency owns the goods during transit, it will file any damage claims.This may also be referred to as “F.O.B. Shipping Point.”Form, Function and Utility – The minimum essential requirements that will meet the agency’sneeds. These requirements are defined by the agency. Requirements may include quality,quantity, delivery terms, packaging, performance standards, and compatibility, among others.Invitation for Bid (IFB) – A competitive solicitation seeking bids for a specified commodity orservice, pursuant to which award is made to the responsive and responsible bidder(s)submitting the lowest price.Liquidated Damages – A monetary amount agreed to in the contract to provide for reasonablecompensation to the state for the contractor’s failure to meet its contractual obligations.Mini-Bid – An abbreviated bid process in which an authorized user develops a project definitionoutlining its specific requirements and solicits bids from existing prequalified backdropcontractors. When a mini-bid is required, the exact process is clearly outlined in the backdropcontract. The mini-bid award is made based on best value or lowest price.Minority or Women Owned Business Enterprise (M/WBE) – A business certified underArticle 15-A of the Executive Law that is independently owned, operated and authorized to dobusiness in New York State; and is owned and controlled by at least fifty-one percent women orminority group members who are citizens of the U.S. or permanent resident aliens. Suchownership must be real, substantial and continuing; and the minorities or women must have andexercise the authority to control independently the day-to-day business decisions of theenterprise.Multiple Award – A contract that is awarded to more than one responsive and responsiblebidder who meets the requirements of a bid specification in order to satisfy multiple factors andneeds as set forth in the bid document. These factors may include: complexity of terms;various manufacturers; differences in performance required to accomplish or produce requiredend results; production and distribution facilities; price; compliance with delivery requirements;and geographic location. (State Finance Law §163 (10) (c) and §9A-3 NYCRR 250.10 (c)).Office of General Services (OGS) – The agency tasked with creating statewide centralizedcontracts for use by state departments and agencies, and other authorized users such asauthorities, municipalities and not-for-profit organizations, as per State Finance Law §163.Office of the State Comptroller (OSC) – The agency tasked with reviewing and approvingcontractual agreements and payments, as per §112 of State Finance Law, and grantingexemptions from advertising requirements, as per State Economic Development Law §144.New York State Procurement Guidelines 43
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 26 and 27: e precise enough so that the agency
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 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
Page 58: 52 New York State Procurement Guide

Procurement Guidelines - New York State Office of General Services

Create successful ePaper yourself

Delete template?

Save as template?