PROCUREMENT GUIDELINES

III. GENERAL GUIDANCE FOR SOLICITATIONS

A. In troduc tion

This chapter is intended to provide guidance to agencies on the following key considerations that apply to most solicitations:

• Procurements ethics; • Mandatory requirements that must be considered and included in procurements; • Methods for gathering information before developing the solicitation document and specifications ;

• Advertisement of procurement opportunities; • Determination of vendor responsibility; and • Contract administration and monitoring.

Building on this base, Chapters IV and V will provide further detailed guidance to agencies on conducting procurements using two of the most common types of solicitations: Invitation for Bids (IFB) and Request for Proposals (RFP).

B. P rocu remen t Eth ic s Procurements are an expenditure of public monies, and public employees must always ensure that all procurements are conducted so as to not cause any concern that special considerations have been shown to a vendor. Actions such as providing a vendor with information that is not available to other vendors, accepting a gift, or having lunch with a potential vendor could be construed as showing favoritism to a vendor, and may violate state law. Questions regarding procurement ethics should be directed to the Agency Ethics Officer and/or the New York State Commission on Public Integrity.

C. Manda to ry Requ iremen ts State procurements, whether using an Invitation for Bids, Request for Proposals, or other method, must comply with a number of different statues, regulations, and policy requirements. Principal among these are:

• Procurement Lobbying Law; • Sales tax certification; • Vendor responsiveness and responsibility;

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