PROCUREMENT GUIDELINES

Sole Source – A procurement in which only one offerer is capable of supplying the required commodities or services (State Finance Law §163 (g)). Specifications (Requirements) – Description of the physical or functional characteristics or the nature of a commodity, the work to be performed, the service or products to be provided, the necessary qualifications of the offerer, the capacity and capability of the offerer to successfully carry out the proposed contract, the process for achieving specific results and/or anticipated outcomes, or any other requirement necessary to perform the work. Specifications may include a description of any obligatory testing, inspection, or preparation for delivery and use. They may also include federally required provisions and conditions where the eligibility for federal funds is conditioned upon the inclusion of such federally required provisions and conditions. Specifications should be designed to enhance competition, ensuring that the commodities or services of any offerer are not given preference, except where required by the State Finance Law (State Finance Law §163 (1) (e)). State Procurement Council – The policy-making body established under State Finance Law § 161 that is responsible for the study, analysis and development of recommendations to improve state procurement policy and practices; and, for development and issuance of guidelines governing state agency procurement. Technology – A good, either new or used, or service, or a combination thereof, that results in a technical method of achieving a practical purpose or in improvements in productivity (State Finance Law §160 (10)). Procurements of technology are conducted in the same manner as are procurements of services. Vendor – A supplier/seller of commodities or services.

New York State Procurement Guidelines 46