PROCUREMENT GUIDELINES

C. App lic a tion and Scope o f Gu ide line s

The Guidelines are designed to apply to a wide range of procurements, from the very routine to the very complex. The applicability of specific chapters, sections, and provisions will vary depending on the nature, objectives, and particular circumstances of each procurement. The Guidelines presented in this document do not govern the following types of contracts , for which different, distinct procurement laws, rules and processes are in place: • Revenue contracts ; • Printing contracts covered by the New York State Printing and Public Documents Law; • Construction contracts covered by §8 of the New York State Public Buildings Law, §38 of the New York State Highway Law, and §376 of the New York State Education Law; • Contracts with not-for-profit organizations covered by Article 11-B of the New York State Finance Law; • Contracts for architectural, surveying or engineering services covered under §136-a of the New York State Finance Law; • Transactions that are covered under the New York State Real Property Law; and • Purchases made under the SUNY Flex legislation (Education Law §§355.5 and 355.16) and CUNY Flex legislation (Education Law §6218). • Ensure fair and open competition; • Guard against favoritism, improvidence, extravagance, fraud and corruption; • Ensure that the results meet agency needs; • Provide for checks and balances to regulate and oversee agency procurement activities; and • Protect the interests of the state and its taxpayers. Competition in the procurement process serves both state agencies and potential offerers by ensuring that the procurement process produces an optimal solution at a reasonable price ; and allowing qualified vendors an opportunity to obtain state business. The primary responsibility for procurement rests with state agencies. In addition to complying with existing statutory and regulatory requirements, state agencies must conduct procurements in accordance with the following general principles: D. Compe tition and Ma in ta in ing a Fa ir and Open P roc e s s As mentioned above, the state's procurement process is designed to:

New York State Procurement Guidelines 2