PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)

  Replaces previously released version in its entirety

 
4.27. There is a specific type of purchase from State centralized contracts referred to as “aggregate purchases”.  In this transaction, the State structures an organized purchase from existing information technology (“IT”) contracts based upon leveraging the volume of planned NYS agency purchases to receive the best possible prices.  Do aggregate purchases from State centralized contracts trigger the requirements of SFL §§ 139-j and 139-k? (Last Updated: 9/21/2006)
     

A:  As indicated in 4.15 and 4.17, the requirements of §§ 139-j and 139-k of the State Finance Law are not triggered when a Governmental Entity purchases from a state centralized contract because there is no solicitation on the part of the Governmental Entity which results in a Procurement Contract.  Aggregate purchases from a state centralized contract also adhere to this rule.  The PC Aggregate Purchase Initiative, for example, is a contract administered by the Office of General Services (OGS) which solicits bid documents from contractors and awards the purchase to the lowest bidder(s).  The obligations under State Finance Law §§ 139-j and 139-k are followed by OGS when it initially establishes these contracts, but are not applicable during the aggregate purchase process.  The State Finance Law requirements would apply to any subsequent solicitations seeking to create a new procurement contract.




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