New York State Agencies may purchase from this contract utilizing a standard New York State Purchase Order. Non-State Agencies should utilize whatever purchase document they currently use.

PROCUREMENT PROCEDURES

The following guidelines will assist State agencies in negotiating large purchases. Be aware that there are several brands on contract. State agencies should carefully consider all alternatives to determine which provides the best value.

The following guidelines apply to all purchases over $150,000.00 and are recommended for any purchase over$50,000.00:

1. Determine if more than one contractor can provide the required equipment. If only one contractor can fulfill the requirement, negotiate the best deal with this contractor. The following points should be considered:

a. When is the best time to negotiate with the contractor (for example: market place conditions, company's fiscal year end)? Note that this may be different for each contractor. End users should seek information which enables them to properly plan the best time to negotiate.

b. What additional incentives would be most useful to the agency, extended warranty, training, trade in, etc. (OSC Bulletin No. G-68 is a good source for negotiation techniques.)

2. If more than one contractor can provide the required equipment, create a short description of your requirement, being as specific as possible, and send copies to each contractor who may be able to meet the requirements. Select the offer which provides the best value.

3. Agencies should build a procurement record which includes a memorandum "For the Record" for any order exceeding $150,000.00. This record should detail the negotiating procedure used and why the equipment purchased has been determined to be the most cost-effective for current and future needs.

4. State agencies should file all orders directly with the Office of the State Comptroller in accordance with their rules and regulations. A copy of the procurement record should accompany the purchase order when forwarded to the Office of the State Comptroller for final approval.

5. No approval by the Office of General Services is required.

6. Although not under OGS purchasing authority, political subdivisions should exercise similar judgment when making large purchases from OGS PSG contracts.

7. These procedures may be modified in the future as needed to reflect changes in procurement law.

PURCHASE ORDERS

Purchase orders are effective and binding upon the contractor when placed in the mail addressed to the contractor at the address shown on the Contractor information page.

CONTRACT PAYMENTS

State Agencies are required to forward properly completed vouchers to the Office of the State Comptroller for audit and payment. All Agencies are urged to process every completed voucher expeditiously giving particular attention to those involving payment discounts offered by the contractor (for example 2/10 net /30 when offered).

Local governments and others authorized by law are allowed to participate and are required to make payments directly to the contractor. Prior to processing such payment the contractor may be required to complete the ordering entity's voucher form.

PAYMENTS OF INTEREST

The payment of interest on certain payments due and owed by a State agency may be made in accordance with the criteria established by Chapter 153, Laws of 1984 (Article 11A of New York State Finance Law) and the Comptroller's Bulletin No. A-91.

The terms of Chapter 153 apply only to procurements by and the consequent payment obligations of State agencies. Neither expressly nor by any implication is the new statute applicable to non-State agency purchasers. Nor, of course, is the Office of General Services or the Office of the State Comptroller responsible for payments (see General Specification Clause 69) on any purchases made by a participating political subdivision or other authorized entity.

FINANCING

Under the State Finance Law many acquisitions of hardware and software may be financed through Certificates of Participation (COPS).

DELIVERY

Delivery is be expressed in the number of calendar days required to make delivery after receipt of a purchase order.

Delivery shall be made in accordance with instructions on purchase orders from the State Agencies, local governments, and others authorized by law to participate in contracts.

PUBLIC OFFICERS LAW

All contractors agreed to comply with the requirements of the New York State Public Officers Law, all other appropriate provisions of New York State Law and all resultant codes, rules and regulations from State laws establishing the standards for business and professional activities of State employees and governing the conduct of employees of firms, association and corporations in business with the State.

Agencies should notify Procurement Services' Customer Services promptly if the contractor fails to meet the service requirements of this contract. Service which does not comply with the specifications or is otherwise unsatisfactory to the agency should also be reported to Customer Services.