OGS Procurement Services Group 2010 State Purchasing Forum

OGS Procurement Services Group 2010 State Purchasing Forum Preferred Sources

Presenters and Presentation Overview Jerry Gerard, NYS OGS Director, Procurement Services Group Michael Hurt, NYS DOCS (Corcraft) Director, Division of Industries Rick Olivo, IBNYS Director, Marketing and Sales Andy Grosso, NYSID Vice President, Marketing and Sales Question / Answer - Presenters 2010 Purchasing Forum – Preferred Sources

What is the Preferred Source Program? • NYS Finance Law (SFL § 162) http: //www. ogs. state. ny. us/procurecounc/pdfdoc/pslist. pdf • Purpose To advance special social and economic goals, certain providers have “preferred source” status under the law. The acquisition of commodities and/or services from preferred sources are exempted from statutory competitive procurement requirements (of SFL § 163). 2010 Purchasing Forum – Preferred Sources

What About Competitive Procurement Requirements? • NYS Finance Law (§ 163 3. a & 4. a) requires purchasing priority be given to the preferred sources for commodities and services, respectively. • The purchase of [commodities|services]… shall be conducted in a manner which accords first priority to preferred sources in accordance with the provisions of this article… 2010 Purchasing Forum – Preferred Sources

Who Is Required to Purchase From Preferred Sources? Applicability and Scope All state agencies, political subdivisions and public benefit corporations (including most public authorities) are required to purchase approved products and services from preferred sources. Purchases from preferred sources take precedence over all other sources of supply and competitive procurement methods. 2010 Purchasing Forum – Preferred Sources

Who Are The Preferred Sources? Preferred Source status is accorded to: Corcraft Commodities produced by the NYS DOCS, Correctional Industries Program. IBNYS Commodities and Services produced by qualified, charitable, non-profitmaking agency for the blind, approved by the Commissioner of Social Services. NYSID Commodities and Services produced by qualified, charitable, non-profitmaking agency for the severely disabled persons, approved by the Commissioner of Education. Buy OMH Commodities and Services produced by any special employment program serving mentally ill persons, operated by facilities within the Office of Mental Health and approved by the Commissioner of Mental Health. 2010 Purchasing Forum – Preferred Sources

How Do I Know Who Offers What? • List of Preferred Source Offerings established and maintained by OGS http: //www. ogs. state. ny. us/procurecounc/pdfdoc/pslist. pdf • Contains offerings and the specific preferred source(s) approved for the offering • New or substantially different commodities or services are added to the list pending action by the Procurement Council and approval of Commissioner of OGS 2010 Purchasing Forum – Preferred Sources

Which Preferred Source Do I Purchase From? Priority Among Preferred Sources Commodities and Services available in the form, function and utility required by a State agency, political subdivision or public benefit corporation must be purchased from preferred sources in the following prioritized order: Commodities 1 st – Corcraft 2 nd – IBNYS 3 rd – NYSID or Buy OMH Services Equal Priority – if more than 1 preferred source meets the requirements, cost shall be the determining factor. 2010 Purchasing Forum – Preferred Sources

What is the Preferred Source Procurement Process? • Determine/define agency need for a commodity or service • Review the current List of Preferred Source Offerings • If offering on List, determine whether it meets agency form, function and utility required. • If offering meets agency needs/requirements, proceed with purchase from preferred source • If offering not on List, proceed with purchase from centralized contract or appropriate competitive procurement • If offering does not meet agency needs/requirements, the 10 day notification requirement applies Complete Needs Assessment Are needs met by Preferred Sources? Yes Preferred Sources No Are needs met by Centralized Contract? Yes Centralized Contract No Are needs met by Competitive Bid? Yes Competitive Bid Or SINGLE SOURCE SOLE SOURCE IFB RFP STRATEGIC PARTNERSHIP BUILD IT YOURSELF 2010 Purchasing Forum – Preferred Sources

How Do I Determine Whether They Meet My Needs? • Broadly interpret the generic List of Preferred Source Offerings • Make reasonable efforts to notify preferred source of agency needs and initiate discussion of needs • To apply the form, function and utility standard, define the commodity/service in terms of the minimal essential requirements • Consult directly with the preferred source to gain additional information and/or discuss potential accommodations to meet agency needs 2010 Purchasing Forum – Preferred Sources

Form, Function, and Utility Considerations • Does the preferred source offering meet either agency specifications or industry standards which may be applicable? • Are deviations from specifications minor? Will the product suffice, or could the service be made to suffice, or will the offering substantially meet agency requirements for function and performance? • Are delivery schedules, installation requirements, start-up lead times and performance standards reasonable, necessary and within accepted commercial practices? • Has the preferred source been consulted? Can they make necessary accommodations to meet agency needs? 2010 Purchasing Forum – Preferred Sources

How or Where Do I Get Additional Information? NYS Finance Law, Article XI, State Purchasing http: //www. ogs. state. ny. us/purchase/snt/sflxi. asp Preferred Source Guidelines http: //www. ogs. state. ny. us/procurecounc/pdfdoc/psguide. pdf List of Preferred Source Offerings http: //www. ogs. state. ny. us/procurecounc/pdfdoc/pslist. pdf Procurement Council and Procurement Guidelines http: //www. ogs. state. ny. us/procurecounc/default. asp Procurement Guidelines http: //www. ogs. state. ny. us/procurecounc/pdfdoc/guidelines. pdf 2010 Purchasing Forum – Preferred Sources

Who Can I Contact Regarding Preferred Sources? • New York State Department of Correctional Industries (Corcraft) www. corcraft. org e-mail: productinfo@corcraft. docs. state. ny. us phone: 800 -436 -6321 fax: 518 -434 -7434 ext. 2620 • Industries for the Blind of New York State (IBNYS) www. ibnys. org e-mail: info@ibnys. org phone: 800 -421 -9010 fax: 518 -456 -3587 • New York State Industries for the Disabled (NYSID) www. nysid. org e-mail: administrator@nysid. org phone: 800 -221 -5994 fax: 518 -463 -9708 • New York State OGS Procurement Services Group (PSG) www. ogs. state. ny. us/purchase/ e-mail: thomas. sherwood@ogs. state. ny. us phone: 518 -473 -3923 fax: 518 -474 -2437 2010 Purchasing Forum – Preferred Sources

Questions and Answers ? To assure that the Preferred Source representatives are afforded the opportunity to make their presentations, we ask that questions be held until the end of the session. 2010 Purchasing Forum – Preferred Sources