PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)

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4.17. There is a specific type of state centralized contract referred to as a Comprehensive Service Agreement (CSA). Do acquisitions from CSAs trigger the requirements of State Finance Law §§ 139-j and 139-k for State agencies? (Last Updated: 6/14/2010)
     

A: CSAs allow certain Governmental Entities to purchase consulting/technical services and maintenance/support services from standard contracts made available through the Office of General Services. The CSAs differentiate how a Governmental Entity obtains these two types of services, with maintenance/support services obtained through a purchase order process. The acquisition of consulting/technical services involves the development of a scope of work by the State agency and vendor and an additional step, whereby the Office of the State Comptroller reviews the proposed usage when the acquisition exceeds $85,000, examining the State agency’s justification establishing the need for the contractor’s expertise or skills.

     With respect to the requirements of the State Finance Law provisions, acquisition from the CSAs does not trigger the requirements of the law. As discussed in questions 4.15 and 4.16, two factors must be present to trigger the requirements: a solicitation for proposal and the creation of a Procurement Contract. While the acquisition of consulting/technical services may arguably involve a type of solicitation process through the development of a statement of work, the maintenance/support services do not involve a solicitation. Further, the review performed by the Office of State Comptroller is not of a Procurement Contract, but instead of the business case established by the State agency for the consulting/technical services. Unlike the “mini-bids” discussed in questions 4.15 and 4.16, there is no separate Procurement Contract resulting under the CSA. Detailed information on how to use the CSAs can be found at http://www.ogs.state.ny.us/purchase/snt/awardnotes/tcgNetworking.htm




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