Procurement Office > NYS Contract Compliance
|Date Range||Report Type||Format|
|August 4, 2008
|Qualified Personal Service Contract (QPSC)|
|April 1, 2010
|Single Source Contract|
|April 1, 2011
|Utilization Plan/Waivers of Compliance||View Reports|
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Qualified Personal Services Contract (QPSC)
QPSC shall mean any contract entered into by a state agency with any private party pursuant to State Finance Law 163, under which: (a) the agency believes that a majority of the costs of the contract are attributable to compensation of the contractor's personnel; and (b) the agency can reasonably anticipate it will incur costs for the compensation of personnel of $1 million or more over any twelve-month period. QPSC's shall include contracts whose primary purpose is evaluation, research and analysis, data processing, computer programming, engineering, environmental assessment, health and mental health services, accounting, auditing, or similar services. A QPSC shall not include any contract for the provision of legal services or any other services used in or in preparation for the conduct of litigation, including any contract with any consultant or expert witness. For further inquiries please see http://www.state.ny.us/governor/executive_orders/exeorders/eo_6.html
Single Source Contracts/Bulletin G-234
A new subparagraph was added to section 163(10)(b) to limit the use of Single Source procurements to circumstances where a formal competitive process is not feasible and provide that the term of the Single Source Contract shall be only for a period of time until such circumstances are ameliorated, Furthermore, State agencies must document in the Procurement Record why competition is not feasible and publish these reasons on its website within 30 days of awarding a Single Source Contract. This is in addition to the requirement that Single Source contract be let in only unusual circumstance where material and substantial reasons exist. For further inquiries please see http://www.osc.state.ny.us/agencies/gbull/g234.htm
Utilization Plan/Waivers of Compliance
Bulletin G-241/Article 15-A "Participation by Minority Group Members and Women with Respect to State Contracts"
Chapter 429 of the Laws of 2009 amends Section 313 to add a requirement that the contracting agency post contractor utilization plans, and any waivers of compliance approved by the agency, on the agency website. The requirement was effective September 16, 2009.
This requirement is based on Article 15-A of the executive Law, signed, into law on July 19, 1988, authorized the creation of an Office (now Division) of Minority and Women's Business Development (DMWBD) to promote employment and business opportunities for minorities and women on State contracts. The mission of the DMWBD is "to encourage and assist State Agencies in their efforts to increase participation by minority and women-owned business enterprises (MWBE's) on State contracts so as to facilitate the award of a fair share of such contracts to MWVE's".
For further inquiries please see: www.osc.state.ny.us/agencies/gbull/g-241.htm
* Please note this effects contracts with the following values: Commodities and Service Contracts over $25K, Construction Contracts over $100K and Subcontracts in excess of $25K where the prime Contract is in excess of $100K.
For any questions please contact
Phone: (631) 632-9094