PROCUREMENT GUIDELINES

these points is known as the “ restricted period .” Certain exceptions to this restriction are set forth in State Finance Law §139-j (3) (a). An example of an exception would be communication during contract negotiations. Employees are also required to obtain certain information when contacted during the restricted period and to make a determination of the responsibility of the offerer/bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award. In the event of two such findings within a four-year period, the offerer/bidder is debarred from obtaining governmental procurement contracts. Further information about these requirements can be found on the OGS website:

www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html

G. Ad ve rtis ing P rocu remen t Oppo rtun itie s An agency has a statutory obligation to advertise a procurement opportunity in the New York State Contract Reporter when the procurement exceeds the agency’s advertising threshold. If the agency seeks a waiver from this requirement, OSC must approve the exemption. The publication is available online at:

www.nyscr.org

Advertising thresholds for agencies are defined in the chart that is available at:

www.ogs.state.ny.us/purchase/spg/pdfdocs/PnpDiscretionaryThresholds.pdf

The intent of advertising is to promote competition. Advertisements should provide prospective bidders with an overview of the proposed procurement, including a brief description of the commodities or services sought, the contract period, the proposal due date, and contact information. In addition, as a best practice, an agency should also advertise its procurement opportunities in other sources such as trade publications, journals, newspapers, and agency websites and mailing lists. More information on advertising can be obtained from the Procurement Council bulletin at:

www.ogs.state.ny.us/procurecounc/pdfdoc/bulletin-Contractreporterquarterlylistings_2_.pdf

and from the OSC Bulletin No. G-107B at:

www.osc.state.ny.us/Agencies/gbull/g-107b.htm

H. De te rmina tion o f Vendo r Re s pons ib ility State Finance Law §163(9)(f) requires that a state agency make a determination that a bidder is responsible prior to awarding that bidder a state contract. It is further recommended that the contract expressly obligate the contractor to maintain its responsibility throughout the

New York State Procurement Guidelines 16