Division for Small Business NYS Contract Reporter Procurement Information Services New York State Government Procurement Opportunities New York State Contract Reporter

What does ESD have to do with procurement? ESD provides Procurement guidance, information, and referral to resources to help small businesses access government procurement opportunities. SALES ARE JOBS! ESD has other statutory responsibilities under Omnibus Procurement Act ESD is responsible for publishing the New York State Contract Reporter on a weekly basis –

DISCRETIONARY BUYING THRESHOLD The Discretionary Buying Threshold for services and commodities is increased to $100,000 for purchases from : a NYS small business; a firm certified under article 15A by the NYS Department of Economic Development; or for purchases of commodities or technology that are recycled or remanufactured (State Finance Law §163(6)).

The ad for Discretionary Purchases must invite competition from the business community: Provide details regarding the goods or services being purchased, and contact info for more information about the procurement. The ad must appear in the NYSCR for the 15 day statutory period – any questions regarding this requirement, call OSC Contracts Unit

Some agencies have used language in ads that is not acceptable: Automotive Purchase, Repair, Rental & Leasing Solicitation WD 3500 DUMP TRUCK Description: ABC Agency has entered into an agreement to purchase a 4WD 3500 dump truck from a business under its Discretionary Authority pursuant to the New York State Finance Law Article XI, section 163, subdivision 6. As such, this transaction does not represent a procurement opportunity for other potential vendors and therefore, no competitive bids are being solicited at this time. This notice is intended to fulfill the requirement for giving notice of a discretionary purchase.

Alternative NYSCR ad language #1: Agency X intends to purchase (insert project description, i.e., 1,000 widgets) pursuant to its discretionary purchasing authority under State Finance Law section 163(6), which authorizes purchases without a formal competitive process in certain circumstances, including purchases from New York State small businesses, from businesses certified pursuant to Article 15-A of the New York State Executive Law and, if applicable, from businesses selling commodities or technology that are recycled or remanufactured. Interested parties should contact (agency designated contact/purchasing officer) to discuss this opportunity. (source Procurement Council Bulletin on Discretionary Purchasing Guidelines adopted 10/28/2008)

Alternative NYSCR ad language #2: Agency X intends to purchase (insert project description, i.e., 1,000 widgets), pursuant to its discretionary purchasing authority under State Finance Law section 163(6). Interested parties should contact (agency designated contact/purchasing officer) for more details about this opportunity. (source Procurement Council Bulletin on Discretionary Purchasing Guidelines adopted 10/28/2008)

Alternative NYSCR ad language #3: Agency X intends to procure (insert project description, i.e., 1,000 widgets) pursuant to its discretionary purchasing authority under State Finance Law section 163(6). This procurement opportunity is limited to New York State small businesses, businesses certified pursuant to Article 15-A of the New York State Executive Law and, if applicable, businesses selling commodities or technology that are recycled or remanufactured. (source Procurement Council Bulletin on Discretionary Purchasing Guidelines adopted 10/28/2008)

NYS Contract Reporter Procurement Information Services/ NYS Contract Reporter Empire State Development 30 South Pearl Street Albany, NY