Procurement Guidelines - New York State Office of General Services

Request for Information (RFI) – A research and information gathering document used whenan agency is seeking to learn about the options available to address a particular need andwants to obtain information to help create viable requirements for a potential solicitation.Request for Proposals (RFP) – A competitive solicitation seeking proposals for a specifiedservice or technology, pursuant to which an award is made to the responsive and responsibleproposer(s) offering the best value.Responsible – The status afforded an individual or company based on factors such as:financial ability and organizational capacity; legal authority to conduct business in New YorkState; integrity as it relates to business related conduct; and past performance. (These fourfactors are sometimes summarized by the acronym “FLIP.”)Responsive – Meeting the minimum specifications or requirements as prescribed in asolicitation for commodities or services by a state agency (State Finance Law §163 (d)).Restricted Period – The period of time commencing with the earliest written notice,advertisement or release of an RFP, IFB or other solicitation from offerers intending to result ina procurement contract with a governmental entity and ending with the final contract award andapproval by the governmental entity and, where applicable, OSC (State Finance Law §§139-j(1) (f) and 139-k (1) (f)). During this period, State Finance Law §139-k requires a governmentalentity to collect and record certain information pertaining to those individuals who contact it in anattempt to influence a procurement. The law restricts the time frame and manner in which thebusiness community may contact a governmental entity with regard to attempting to influence aprocurement. Under the law, the business community is obligated to make only permissiblecontacts during the restricted period and may only contact those who are designated by thegovernmental entity regarding a procurement.Revenue Contract – A binding agreement between a governmental entity and another partythat defines the terms under which revenue will be received by the governmental entity.Individuals should familiarize themselves with their agency’s policies and procedures pertainingto revenue contracts.Service – Except with respect to contracts for state printing, the performance of a task or tasksand may include a material good or a quantity of goods, and which is the subject of a purchaseor other exchange. Procurements of technology are conducted in the same manner as areprocurements of services.Single Source – A procurement in which, although two or more offerers can supply the requiredcommodities or services, the commissioner or state agency, upon written findings setting forththe material and substantial reasons therefore, may award the contract to one offerer over theother. The commissioner or state agency shall document in the procurement record thecircumstances leading to the selection of the vendor, including the alternatives considered, therationale for selecting the specific vendor, and the basis upon which it determined the cost wasreasonable (State Finance Law §163 (h)).Small Business – A business that is resident in this state, independently owned and operated,not dominant in its field, and employs no more than one hundred people (State Finance Law§160 (8)).New York State Procurement Guidelines 45