Sec. 250.14. Public list of services and commodities provided by preferred sources

(a) The commissioner, in consultation with the commissioners of Correctional Services, Children and Family Services, Mental Health and Education, shall maintain a list of all commodities and services that are available for purchase by State agencies, public benefit corporations or political subdivisions from those entities accorded preference or priority status under this Part. Such list may include references to catalogs and other descriptive literature that are available directly from any provider accorded preferred status under this Part. The commissioner shall make this list available to prospective vendors, State agencies, public benefit corporations, political subdivisions and other interested parties. New or substantially different commodities or services may only be made available by preferred sources for purchase by more than one State agency, public benefit corporation or political subdivision after addition to said list.

(b) Upon the application of the Commissioner of Correctional Services, the Commissioner of Children and Family Services, the Commissioner of Mental Health or the Commissioner of Education, or a non-profit-making facilitating agency designated by one of the said commissioners pursuant to section 50.17(e) of this Part, and upon the recommendation of the State Procurement Council, the commissioner may:

(1) add commodities or services to; or

(2) in order to insure that such list reflects current production and/or availability of commodities and services, delete at the request of a preferred source, commodities or services from, the list established by subdivision (a) of this section. Additions may be made only for new services or commodities, or for services or commodities that are substantially different from those reflected on said list for that provider. The decision to recommend the addition of services or commodities shall be based upon a review of relevant factors by the Procurement Council including costs and benefits to be derived from such addition and shall include an analysis by the commissioner, conducted pursuant to section 250.17 of this Part. Unless the State Procurement Council shall make a recommendation to the commissioner on any such application within 120 days of receipt thereof, such application shall be deemed recommended. In the event that the State Procurement Council shall deny any such application, a State agency or the non-profit-making agency which submitted such application may, within 30 days of such denial, appeal such denial to the commissioner who shall review all materials submitted to the State Procurement Council with respect to such application and who may request such further information or material as is deemed necessary. Within 60 days of receipt of all information or materials deemed necessary, the commissioner shall render a written final decision on the application that shall be binding upon the applicant and upon the State Procurement Council.

(c) The list maintained by the commissioner pursuant to subdivision (a) of this section shall be revised as necessary to reflect the additions and deletions of commodities and services approved by the State Procurement Council.

(d) Subdivisions (a), (b) and (c) of this section shall not apply to commodities provided by any qualified apparel manufacturer and contractors on the special September 11th bidders registry, as added by section 349 of the Labor Law, or approved for such purposes by the Commissioner of Labor. The Commissioner of Labor shall periodically provide the Commissioner of General Services with the special September 11th bidders registry, as added by section 340 of the Labor Law, of qualified apparel manufacturers and contractors. The Commissioner of Labor shall also make the registry available upon request to other State agencies, public benefit corporations, public authorities, and, if requested, to political subdivisions.