(a) The commissioner may purchase services and commodities in an amount not exceeding [$50,000] $85,000 without a formal competitive process; State agencies may purchase services and commodities in an amount not exceeding [$15,000] $50,000 without a formal competitive process; and with respect to purchases of commodities of services from small business concerns or those certified pursuant to article 15-A of the Executive Law, or that are recycled or remanufactured commodities or technology, in an amount not exceeding [$50,000] $100,000 without a formal competitive process.

(b) Notwithstanding subdivision two of section 112 of the State Finance Law relating to the dollar threshold requiring the state comptroller's approval of contracts, [or article 4-C of the Economic Development Law] the commissioner of general services may make purchases or enter into contracts for the acquisition of commodities and services having a value not exceeding [$30,000] $85,000 without prior approval by any other [State office] state officer or agency in accordance with procedures and requirements set forth in this Part.

This rule is being proposed as a consensus rule because, in accordance with State Administrative Procedure Act § 102 (11) (b), it implements or confirms to non-discretionary statutory provisions. Among other things, Chapter 56 of the Laws of 2006 amended State Finance Law § 163(6), and repealed and added a new § 163(6-a).

Chapter 56 of the Laws of 2006 amended State Finance Law § 163(6) (Discretionary Buying Thresholds) to increase the discretionary buying thresholds of the commissioner and state agencies. The increased amounts are reflected in the proposed regulations. As New York State's primary procurement agency, it is important that OGS regulations reflect and include the statutory amendments regarding discretionary buying thresholds as they pertain to the Commissioner of General Services and State Agencies.

Chapter 56 of the Laws of 2006 also repealed and added a new State Finance Law § 162(6-a) (Discretionary purchases). This section provides that the Commissioner of General Services can make purchases not exceeding eighty-five thousand dollars notwithstanding the provisions of State Finance Law § 112; and purchases not exceeding thirty thousand dollars notwithstanding the provisions of Article 4-C of the Economic Development Law. 9 NYCRR § 250(6) must reflect the repeal and replacement provisions of State Finance Law § 163(6-a). As a result, the proposed rule amends 250(b) and adds 250(c).

The Office of General Services projects no substantial adverse impact on jobs or employment opportunities in the State of New York as a result of this rule. The rule simply mirrors the amended language from Chapter 56 of the Laws of 2006 and ensures that the Commissioner of General Services and State Agencies will have higher discretionary thresholds in state procurement that is free from the competitive bidding process, in accordance with State Finance Law § 112, § 163(6), and 163(6-a). Nothing in the proposed regulations will increase or decrease the number of jobs in New York State, have an adverse impact on specific regions in New York State or negatively impact jobs in New York State.