(a) The prices established by the Commissioner of Correctional Services shall be based upon costs as determined pursuant to this subdivision, but shall not exceed a reasonable fair market price determined at or within 90 days before the time of sale. Fair market price as used herein means the price at which a vendor of the same or similar product or service who is regularly engaged in the business of selling such product or service offers to sell such product or service under similar terms in the same market. Costs shall be determined in accordance with an agreement between the Commissioner of Correctional Services and the Director of the Budget.

(b) A purchaser of any such product or service may, at any time prior to or within 30 days of the time of sale, appeal the purchase price in accordance with section 186 of the Correction Law, on the basis that it unreasonably exceeds fair market price. Such an appeal shall be decided by a majority vote of a three-member price review board consisting of the Director of the Budget, the Commissioner of Correctional Services and the commissioner or their representatives. The decision of the review board shall be final.