N.Y. Comp. Codes R. & Regs. tit. 9 § 333.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 333.3 - Procedure for filing application for designation as preferred source

(a) The nonprofit agency or commission, designated by either the Commissioner of Social Services or the Commissioner of Education, must submit an application for its preferential designation to the Office of General Services at least 30 days prior to the date the service is to start. Included in the application must be:

(1) the complete name, address and telephone number of the handicapped organization which will perform the service, and the date the organization is capable of commencing the required work;

(2) the complete name and address of the using agency and the name and telephone number of the purchasing agent;

(3) a complete up-to-date copy of the job specifications;

(4) where a contract is governed by a prevailing wage rate, as established by the Department of Labor, that prevailing wage schedule must be submitted with the job specifications. If a reduction in the prevailing wage rate is used to determine the cost of services, a written statement from the Department of Labor authorizing the reduction must be included in the proposal;

(5) where the contract is not governed by the prevailing wage law, but is governed by the minimum wage law and a dilution or reduction of the minimum wage is made in computing labor costs, a written statement must accompany the proposal citing legal authority for such dilution or reduction; and

(6) a certification that the actual composition of the work force on each individual service contract meets the same standards used by the Commissioners of Education and Social Services in certifying the organization.

(b) The Office of General Services will review applications for preferred designation, taking into account reasonable costs of labor, materials and overhead necessarily incurred by the agencies for the blind or other severely handicapped under efficient methods of procurement, production, performance and administration. After this review, the applicable nonprofit agency or commission and the prospective using agency shall be notified in writing of the determination.

(c) No request for price approval will be considered by the Office of General Services if such request is received after a public bid opening was held by a using agency. All information required of any bidder, including but not limited to prices, shall be submitted by the agency or commission representing the handicapped agencies to OGS prior to any formal bid opening to be held by the using agency.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 333.3