Section 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  nineteen  members,  including  the
  commissioner, the state comptroller, the director of the budget 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; 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   fifteen   thousand   dollars  in  the  procurement  opportunities
  newsletter established by article four-C  of  the  economic  development
  law.
    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.