DRAFT LETTER PREPARED FOR COMMISSIONER’S SIGNATURE

Date Prepared: 1/7/2014

Prepared by: Connie Rissberger – NYSPro

Phone No.:4-6510

Honorable Andrew M. Cuomo

Governor

State of New York

Executive Chamber

State Capitol

Albany, New York 12224

Dear Governor Cuomo:

In accordance with the requirements of State Finance law Section 162(8)(b), the State Procurement Council (the Council)through the New York State Office of General Services (OGS) submits the Report of Preferred Source Approvals and Denials for calendar years 2012 through 2013.

During Calendar year 2012,one Preferred Source applicationwas denied by the Council, for 30% Recycled Post Consumer Content Copy Paper in less than Truckload Lots (Zones 2 and 3 only),at the November 2012 meeting. However, on December 27, 2012, New York State Industries for the Disabled (NYSID), as allowed under statute, appealed this denial directly to the Commissioner of General Services, and on February 22, 2013, the Commissioner upheld the appeal conditioned upon the agreement of NYSID that a request for expansion of sales outside of Zones 2 and 3, or other types of recycled paper must be brought to the full Council for approval and would not be submitted to OGS as a simple product line extension. By letter dated February 12, 2013, NYSID agreed to these conditions, and OGS approved the application. Detailed information related to this topic may be found at the OGS Public Website under Procurement Council Members and Proceedings

During calendar year 2012, under its authority to review Preferred Source applications valued under $500,000 granted by the Council, OGS approved threeapplications from NYSID, two from the National Industries for the Blind (NIB) d/b/a New York State Preferred Source Program for People who are Blind (NYSPSP), and one from Department of Corrections & Community Supervision, Division of Industries.

During calendar year 2013, no Preferred Source applications were denied by the Council.

During calendar year 2013, under its authority to review Preferred Source applications valued under $500,000 granted by the Council, OGS approved fivenew applications from the New York State Industries for the Disabled (NYSID); no new applications were approved for the National Industries for the Blind (NIB) d/b/a New York State Preferred Source Program for People and Blind (NYSPSP) or the Department of Corrections & Community Supervision, Division of Industries.. Two applications with a value in excess of $500,000 submitted by NIB were approved by the full Council. These applications were for Incontinence Products and Drug Test Kits.

Respectfully submitted,

RoAnn Destito

Chair

New York State Procurement Council

Cc: Sheldon Silver, Speaker – NYS Assembly

Dean G. Skelos, Senate Majority Co-Leader

Jeffrey Klein, Senate Majority Co-Leader

Robert L. Megna, Director - Division of the Budget

[NVD]_Draft_Reportofps Denials2012thru2013LETTER 1 10 14.Docx page 1