|Procurement Services Home Page | Commodities | Information Technology | Services | Telecommunications|
Technology Home Page | Simplified Guide | Definitions | Important Facts
The price list for each of the contracts will be available on the manufacturer's web site through a link from the OGS website, or the price list will be available directly on the OGS web site. The Contractors or OGS updates the price lists as changes in price and Product occur. For those contracts where the manufacturer hosts the contract at their web site, the manufacturer may also provide a configurator to enable Authorized Users to easily develop and price different configurations. Each of these web sites is linked to the OGS web site for convenience.
We recommend you receive a written quote when making purchases. For Contractor hosted pricing at the Contractor's web site, the contract terms require the Contractor to make twelve months of historical contract pricing information available to contract users for auditing purposes.
State agencies are reminded that they must comply with all applicable control agency guidelines (e.g. Division of the Budget H-100, etc.) Specifically, State agencies are reminded of their obligation to get Office for Technology (OFT) approval before placing orders under these contracts for any requirement that exceeds:
Procurement Procedures for State Agencies
The Office of General Services has established contracts for many brands of information technology and telecommunications equipment and new brands may become available in the future. State agencies should carefully consider all alternatives and select the most cost effective (which can include lowest price or best value analysis) for their current and anticipated future needs.
It is recommended that each agency develop, for the Procurement Record, agency-wide procurement strategy(ies) for each of the above types of equipment and for software as applicable. Different policies may be developed for different types of requirements (i.e. equipment for a statewide network vs. single site requirements, a separate policy for laptops, policies for different types of software, etc.). Whether the policy is to consider all contract offerings for equipment and software or to standardize on one or more specific brands, the policy should be supported by specific rationale expressed in terms of what represents best value to the agency. Because technology is constantly changing, it is recommended that the policies be reviewed annually and updated as necessary. There are a number of factors that should be taken into consideration when developing a procurement policy. These include but are not limited to:
These and other relevant considerations must be fully documented in the Procurement Record.
In accordance with the guidelines for use of the technology contracts, it is recommended that for each type of equipment or software, the agency aggregate its requirements and make as few purchases a year as possible. Each purchase of equipment or software should be acquired in accordance with the agency's established policy. A Procurement Record must be established for any purchase that exceeds $50,000. Where the agency has not standardized on a particular manufacturer/developer, agencies will be required to solicit quotes from at least three Contractors (manufacturers and/or resellers of different manufacturers/developers) for any new equipment, system or software installation requirement exceeding $50,000. Soliciting quotes from all contractors who market the type of equipment or software required is encouraged. Where the agency is doing moves, adds or changes (MACs) for an existing installation and the planned acquisition will exceed $50,000, agencies are required to negotiate the best deal possible with the contractor. See Justification for a Single or Sole Source Purchase below.
When soliciting or negotiating best and final offers with Contractors, create a short description of the requirement, being as specific as possible. Be sure to include any required services such as consulting (analysis and/or design), configuration, installation and training. Finally, indicate whether the final selection will be based on lowest price or on a best value analysis. If a best value analysis will be used, indicate what factors besides cost will be considered. Note that consulting and training services may be acquired directly from the above contracts, provided such services do not exceed 20% of the value of Product (and First Year's Maintenance, where applicable) being acquired. Where consulting and training services exceed twenty percent (20%) of the cost of the Product (and First Year's Maintenance where applicable) being acquired or where consulting and training services are being purchased alone (without Product), such services cannot be acquired under the above contracts unless the Office of the State Comptroller (OSC) as first approved the purchase of such services on a single or sole source basis. In all other circumstances, consulting and training services must be procured competitively using the OGS IT Services (also known as Computer Consulting, Systems Integration and Training) contracts or other competitive process selected by the Authorized User. One of the following procedures should be used when purchasing Product and/or services:
Annual Competition (particularly for PC's and printers) is Preferred. It is recommended that once a year the agency engage in either an aggregated buy through the Office for Technology or solicit best and final offers from all applicable contract sources in accordance with the agency's procurement strategy. If the agency anticipates placing multiple orders within the year, additional discounts or other concessions offered by the successful Contractor should apply to the future purchases.
Transactional Competition (for all new installations and otherwise as applicable)
If the agency chooses to solicit competition or negotiate for each purchase of product and related services, the following guidelines apply:
Orders up to $50,000: confirm best available pricing with Contractor of choice via fax or e-mail.
Orders over $50,000: solicit via fax or e-mail best and final offers as outlined above. In the event that multiple resellers participate in a given contract, the agency need only solicit a single reseller for each brand. If an agency has an established policy calling for standardization on a certain brand(s) and the planned acquisition will exceed $50,000, the agency must, if possible, solicit quotes from at least three qualified resellers under the contract for that brand(s) unless the agency can justify limited competition or single or sole source in accordance with the guidelines outlined below.
Agencies should select the offer that represents best value in accordance with the criteria outlined in their solicitation.
A Procurement Record should be prepared for any order exceeding $50,000 to include:
State agencies may then issue a purchase order directly to the Contractor (except for those situations where the agency is purchasing services only or is purchasing services which exceed 20% of the value of Product, and First Year's Maintenance, where applicable (the 20% Rule) and later file a copy of the order and Procurement Record with OSC to facilitate the payment process. For the purchase of services, as noted above, pre-approval of OSC is required before the order is placed with the contractor.
Non-state agencies must follow their own guidelines or legal requirements for competitive bidding and/or single/ sole source when services exceed the 20% Rule.
Special Note - Printer Contracts:
Agencies are reminded of their obligations, when using the printer contracts, as detailed in the Special Note section of the Contract Usage Guidelines. (Please refer to the OGS website for the entire guidelines.):
Recycled, Remanufactured, or Recyclable Commodities/Form, Function, and Utility
In accordance with the State Finance Law Section 165 3.a. & b., State Agencies are reminded of the requirement to purchase recycled, remanufactured, or recyclable commodities when such commodities meet their form, function, and utility. Some printer awards include supplies that are new, and supplies that have remanufactured equivalents. (Supplies for printers are also available under other PSG contracts, such as the contracts for office supplies, Group 23000; can also be acquired from non- contract sources; and, certain cartridges are now available from preferred sources, Please contact the NYSID Senior Customer Service Representative at 1-800-221-5994, FAX 518-455-0315, for details.) When acquiring such supply items, regardless of the source, if an Agency elects to purchase a non-recyclable, new item(s), and such item(s) costs the same as or more than (after anticipated rebate or return of deposit) an equivalent remanufactured item(s), users are reminded of their obligation to document in the procurement record the form, function & utility factors that justify the purchase of the non-recyclable, new item(s).
Additional Special Note Regarding Lexmark:
Lexmark has indicated many of their current laser printers are shipped standard with a Prebate cartridge. All printers ordered under this contract (including those which may be added in the future), will come equipped with a Regular Cartridge at no additional cost unless otherwise specified by the Authorized User.
Three (3) different types of cartridges are available from this contact: a Prebate, a Regular and a Remanufactured cartridge.
While you will receive a printer shipped with a regular cartridge unless you specify otherwise, users have options on subsequent supply orders to choose any of the three cartridge types:
Prebate - A Prebate cartridge is a cartridge produced by Lexmark which customers may buy at a discounted price subject to restrictions governing return of the cartridge. The cartridge also contains a chip which prevents refilling by anyone other than Lexmark;
The following applies to prebate cartridges acquired from the contract:
Notwithstanding any language to the contrary on a laser toner cartridge (or its packaging) purchased hereunder, the agreement of the State of New York and its authorized users with respect to the return of empty cartridges purchased hereunder from Lexmark is that reasonable efforts will be undertaken to return such cartridges to Lexmark.
As of the date of contract award, the following replacement cartridges have been identified by Lexmark as being prebate cartridges: 08A0478, 12A5845, 12A5849, 12A6835, 12A6839, 12A6865, 12A6869, 10B042K, 10B042C, 10B042M, 10B042Y. As new prebate products are added to the contract, they will be identified in Lexmark's pricelist.