PROCUREMENT GUIDELINES

Bidder (also referred to as an offerer or proposer) – Any individual, business, or other legal entity, or any employee, agent, consultant or person acting on behalf thereof, that submits a bid in response to a bid solicitation. Bidder List – A list of names and addresses of vendors from whom bids, proposals, or quotations are solicited. This may also apply to a list of potential bidders that is maintained by an agency. Centralized Contract – Any contract let by the OGS Procurement Services Group for use by state 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 as meeting the state’s requirements. Commodities – Material goods, supplies, products, construction items or other standard articles of commerce (other than printing or technology) that are the subject of any purchase or exchange (State Finance Law §160 (3)). Contact – Any oral, written or electronic communication with a governmental entity under circumstances where a reasonable person would infer that the communication was intended to influence 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 state agency to furnish commodities or services for an agreed-upon price. Cost – The total dollar expenditure of a procurement. Article 11 of the State Finance Law requires costs of the given goods or services to be quantifiable. This must take into account the price; the administrative, training, storage, maintenance or other associated overhead expenses; the value of warranties, delivery schedules, financing costs and foregone opportunity costs; and the life span and associated life cycle costs of the given good or service being purchased (State Finance Law §160 (5)). Debriefing – The practice whereby, upon the request of a bidder, the state agency advises such bidder of the reasons why its bid was not selected for an award. It is viewed as a learning process for the bidder to be better prepared to participate in future procurements. Discretionary Purchase – Purchases below an established dollar level that are authorized by law 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 or comments prior to the RFP being issued by the agency. Emergency – An urgent and unexpected situation where health and public safety or the conservation of public resources are at risk. Such situations may create a need for an emergency contract. (State Finance Law §163 (1) (b)) An agency’s failure to properly plan in advance, which results in a situation where normal practices cannot be followed, does not constitute an emergency.

New York State Procurement Guidelines 42