§ 161. State procurement council. 1. a. The state procurement council
shall continuously strive to improve the state's procurement process.
Such council shall consist of twenty-one members, including the
commissioner, the state comptroller, the director of the budget, the
chief diversity officer and the commissioner of economic development, or
their respective designees; seven members who shall be the heads of
other large and small state agencies chosen by the governor, or their
respective designees; one member, appointed by the governor,
representing a not-for-profit New York-based organization engaged in the
marketing and/or promotion of New York grown farm and agricultural
products or a not-for-profit New York-based organization engaged solely
in the advocacy, marketing and/or promotion of organic New York grown
farm and agricultural products to be limited to a two year term; and
eight at large members appointed as follows: three appointed by the
temporary president of the senate, one of whom shall be a representative
of local government and one of whom shall be a representative of private
business; three appointed by the speaker of the assembly, one of whom
shall be a representative of local government and one of whom shall be a
representative of private business; one appointed by the minority leader
of the senate; and, one appointed by the minority leader of the
assembly; and two non-voting observers appointed as follows: one
appointed by the temporary president of the senate and one appointed by
the speaker of the assembly. The non-voting observers shall be provided,
contemporaneously, all documentation and materials distributed to
members. The council shall be chaired by the commissioner and shall meet
at least quarterly.

b. The at large members shall each serve a term of three years;
provided, however, that for their initial appointments, the temporary
president of the senate and the speaker of the assembly shall each
designate one member to serve a term of one year, one member to serve a
term of two years and one member to serve a term of three years. Any
vacancy among the at large members shall be filled by appointment
pursuant to paragraph a of this subdivision for the unexpired balance of
the term. The non-voting observers shall each serve a term of three
years. All the initial appointments made pursuant to this section shall
be deemed to have been made and to have been effective for all purposes
on the fourth day of June, nineteen hundred ninety-six.

c. The members of the council shall serve without compensation, except
that each of them shall be allowed the necessary and actual expenses
incurred in the performance of any of their duties hereunder.

d. The council may conduct any business authorized herein when a
quorum of the members are represented in session.

2. The council shall:

a. Evaluate and make recommendations to the commissioner for the
development of specifications for commodities and services to be
acquired by or for state agencies through centralized contracts,
including, but not limited to, evaluations and recommendations on
minimum purchase quantities and standards for quality, function and
utility;

b. Establish and maintain guidelines which, in the manner provided by
this article, enable state agencies to acquire products directly from
vendors or suppliers other than those participating in a centralized
contract when such products are not required by this article to be
acquired from a preferred source and when such products are available in
substantially similar function, form or utility and at prices or other
terms more economically beneficial for the purposes of the acquiring
state agency;

c. Identify to the commissioner any deficiencies in products or
services made available to state agencies through centralized contracts,
including, at the discretion of the council, matters relating to
specifications developed and employed for procurement of products or
services through centralized contracts;

d. Establish and, from time to time, amend guidelines concerning state
procurement and provide for the appropriate distribution and
dissemination of such guidelines and other information concerning all
matters relating to procurement of products, construction items or
services for state agencies;

e. Recommend to the commissioner necessary legislative changes or
modifications to existing or proposed rules, regulations and procedures
which would simplify, accelerate or otherwise improve the state's
procurement process and make specific recommendations to the
commissioner by September thirtieth, nineteen hundred ninety-five for
the improvement of the New York state printing and public documents law;

f. Act as a clearinghouse for the purpose of identification of
potential cost reductions and other efficiencies through the combination
of similar procurement requirements of state agencies;

g. Consult with and advise the commissioner on strategic technology
investments that will facilitate electronic access to the terms and
conditions of existing procurement contracts, promote electronic
commerce including, but not limited to, payment to vendors, promote and
enhance the efficiency of the procurement of products and services by or
for state agencies and produce useful information that supports state
procurement operations, management, analysis and decision making
including, but not limited to, data concerning the status and use of
procurement contracts and the number and type of contracts and award
recipients;

h. Establish and, from time to time, amend guidelines for purchases of
commodities, by the commissioner or state agencies. Such guidelines
shall ensure the wise and prudent use of public money in the best
interest of the taxpayers of the state; and guard against favoritism,
improvidence, extravagance, fraud and corruption;

i. Establish and, from time to time, amend guidelines for the
procurement of services and technology in accordance with the provisions
of this article. Such guidelines shall ensure the wise and prudent use
of public money in the best interest of the taxpayers of the state;
guard against favoritism, improvidence, extravagance, fraud and
corruption; and ensure that service contracts are awarded on the basis
of best value, including, but not limited to, the following criteria:
quality, cost, and efficiency;

j. Consult with and advise the commissioner on new opportunities to
acquire commodities and services including, but not limited to, regional
or statewide equipment or facility maintenance services, professional
services, coordination and cooperation with other centralized purchasing
entities, and coordination of reuse of surplus property;

k. Report by December thirty-first, nineteen hundred ninety-five and
thereafter biennially to the governor, the legislature and the director
of the budget, the significant findings of the council including, but
not limited to, substantial savings generated by council initiatives and
the recommendations of the council concerning the state's procurement
practices; and

l. Undertake other related activities as are necessary to effectuate
this article including the development of a strategic plan for the
improvement of state procurement.

m. Establish and, from time to time, amend guidelines with respect to
publishing by state agencies of quarterly listings of projected
procurements having a value greater than five thousand dollars but less
than fifty thousand dollars in the procurement opportunities newsletter
established by article four-C of the economic development law.

n. Recommend to the commissioner necessary legislative changes or
modifications to existing or proposed rules, regulations and procedures
that would increase access to the state's procurement process by
minority-owned business enterprises and women-owned business enterprises
and create model language to be used by agencies when issuing requests
for bids or proposals to other solicitations or offers that would
increase the ability of small businesses to participate in state
procurements.

3. The commissioner may, when he or she deems it necessary to
implement the provisions and intent of this article, adopt
recommendations made by the council and may, at the request of the state
procurement council, promulgate rules and regulations pursuant to the
state administrative procedure act to give effect to such
recommendations. When the commissioner adopts recommendations made by
the council but does not promulgate rules and regulations implementing
such recommendations, the commissioner shall publish said
recommendations or a summary thereof in the state register. If the
commissioner modifies or rejects any recommended rule or regulation, he
or she shall notify the council providing a written explanation thereof.

4. The commissioner shall report to the governor, the legislature and
the director of the budget by December thirty-first, nineteen hundred
ninety-five and thereafter annually on any modifications to or
rejections of the rules and regulations proposed by the council.

5. Nothing in this section shall be deemed to alter, supersede, modify
or amend any provision of this article which establishes preferential
status for any producer or supplier of commodities or services.