NYS Procurement Rules and Guidelines
All technology procurements are subject to state procurement laws and must comply with NYS technology policies and standards. If your company is interested in selling IT goods or services in the NYS public sector marketplace or in contracting with NYS government entities, these links provide useful information before you get started:
- Notice of ITS Authorized Signatories
- NYS Department of State, Division of Corporations, State Records & UCC
- NYS Procurement Guidelines
- NYS Ethics
- NYS Prevailing Wage Rate Requirements (Department of Labor)
- NYS Procurement Lobbying Law
- NYS Sales Tax Requirements & Certification Form
- NYS Workers' Compensation and Disability Insurance
- NY Executive Order 192 Vendor Integrity Requirements in State Contracts
Additional 48 CFR 52.232-39 Language
All New York State contracts, even those not expressly negotiated or for which consideration other than money is given, are subject to and deemed to include the version of New York State's Appendix A - Standard Clauses for New York State Contracts, current with the date of the contract's formation, and which is located at: https://www.ogs.state.ny.us/purchase/bidcreation.asp.
Neither ITS nor any other New York State government entity shall be deemed to have agreed to any clause by virtue of it appearing in an End User License Agreement, Terms of Service, or similar legal instrument or agreement. Any such agreement invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements) does not bind to the clauses therein ITS or any other New York State government entity.
EEO and MWBE Supplier Diversity Program
NYS Executive Law Article 15-A and Equal Employment Opportunity (EEO) in state contracting include a contractor and/or subcontractor(s) making a conscientious and active effort to afford employment opportunities to minority group members and women without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. The Work Force Diversity requirements are met through the prime and subcontractor reporting on the actual workforce utilized in the performance of a contract.
On February 17, 2011, Executive Order No. 8: Removing Barriers to Minority and Women Business Enterprises (MWBE) Participation in State Contracting was issued. Among other things, this executive order established a team to explore ways to meet his goal of expanding MWBE participation in state contracting to 20 percent.
Subsequently, at the opening ceremonies of the 2014 MWBE Forum, the governor challenged state agencies to achieve an even more progressive participation goal of 30 percent, of which ITS has consistently exceeded.
As one of the largest buyers of IT products and services in New York State government, ITS continues to work closely with the New York State Office of General Services, other state agencies, and New York State's information technology prime contractors to continue improving MWBE participation in technology procurements.
Resources and Forms
For assistance or for more information, email ITS Supplier Diversity at [email protected]
MWBE Utilization Plans & Waivers
SDVOB Supplier Diversity Program
The Service-Disabled Veteran-Owned Business (SDVOB) Act, which was signed into law on May 12, 2014, encourages and supports eligible businesses to play a greater role in the economy of the State by increasing participation in New York State's contracting opportunities.
New York is committed to honoring the service and sacrifice of the disabled veterans who serve our state and nation to a higher level. This law sets a goal to make businesses owned by disabled veterans a more active part of state contracting and gives our heroes the recognition that they truly deserve. We are proud to lead every state in the nation with this program.
ITS stands ready to help SDVOB firms.
- ITS will assist SDVOB firms to identify procurement opportunities and understand state procurement policies and processes.
- ITS seeks to increase the pool of available SDVOB firms by encouraging uncertified firms that meet the SDVOB eligibility criteria to apply for SDVOB certification.
- ITS helps firms understand the requirements and the advantages of becoming certified.
- ITS also help firms meeting the criteria, understand the certification requirements, and connect with those who oversee the application process.
- ITS also participates in business events to promote awareness and understanding of the state contracting process.
In support of the SDVOB Act, ITS tracks agency progress (i.e., SDVOB utilization measured as a percentage of expenditures).
Resources and Forms
For assistance or for more information, email ITS Supplier Diversity
SDVOB Utilization Plans & Waivers
The New York State Office of Information Technology Services (ITS) procures technology goods and services for both ITS and the state agencies ITS serves. The links below will assist vendors in navigating the NYS procurement process.
To contact Vendor Management, please email [email protected].
Procurement Process Resources
Resources to Locate Current Contract Awards and Future Contract Opportunities
Procurement Rules and Processes for Consultant Services
The restricted periods directory lists all restricted periods currently in effect. Vendors and persons acting on their behalf should consult the NYS Office for Technology Procurement Lobbying Guidelines for Vendors for further guidance on the nature of the communications which may be made to the Designated Agency Contact and Solicitation Contact, respectively.
For more information about certain Procurements, please refer to the New York State Contract Reporter.
If you have any questions about compliance with the Procurement Lobbying Act, contact your legal counsel or see the guidance issued by the Advisory Council on Procurement Lobbying.
Personal Services Contracts Over $1 Million
There are procedural and reporting requirements regarding certain State agency contracts for personal services. "Qualified Personal Services Contracts (QPSC)" mean any new, renewed, or amended State agency contract with any non-state entity pursuant to State Finance Law SS163 or SS136-A, under which:
The agency believes that a majority of the costs of the contract are attributable to compensation of the contractor's personnel; and
The agency can reasonably anticipate it will incur costs for the personnel service component of $1 million or more over any twelve-month period.
Need a copy of a contract? Send your request to:
P.O. Box 2062
State Capitol ESP
Albany, NY 12220
For questions, contact ITS at [email protected]