New York regulations
Title 9 Part 333
Executive Department
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9 NYCRR 333.1 - Policy and scope
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Jun 6, 2026
Pursuant to the authority vested in the Office of General Services by sections 175-a and 175-b of the State Finance Law, the following policies, procedures and guidelines relating to the services provided by the visually or other severely handicapped and offered for sale to the State, or any governmental agency or political subdivision or public benefit corporation thereof having its own purchasing agency, are hereby established. It is the policy of the Office of General Services to facilitate the award of service contracts issued by the above-mentioned governmental agencies to nonprofitmaking organizations established for the express purposes of aiding the economic and social well-being of the visually and other severely handicapped.
9 NYCRR 333.2 - Guidelines for eligibility
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- Executive Department
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- Compiled text through
- Sep 15, 2021
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- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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(a)Organizations comprised of and representing the handicapped must meet the following criteria:
(1)nonprofit, charitable organizations for the visually handicapped must be certified as being eligible to provide services pursuant to the State Finance Law by the Commissioner of Social Services; or
(2)nonprofit, charitable organizations for the other severely handicapped must be certified as being eligible to provide services pursuant to the State Finance Law by the Commissioner of Education.
(b)Notwithstanding the above, certified nonprofit, charitable organizations must be represented by, and all contracts issued through, the nonprofit agency or commission appointed by the State Commissioners of Education and Social Services in their respective areas of authority under the State Finance Law.
9 NYCRR 333.3 - Procedure for filing application for designation as preferred source
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)The nonprofit agency or commission, designated by either the Commissioner of Social Services or the Commissioner of Education, must submit an application for its preferential designation to the Office of General Services at least 30 days prior to the date the service is to start. Included in the application must be:
(1)the complete name, address and telephone number of the handicapped organization which will perform the service, and the date the organization is capable of commencing the required work;
(2)the complete name and address of the using agency and the name and telephone number of the purchasing agent;
(3)a complete up-to-date copy of the job specifications;
(4)where a contract is governed by a prevailing wage rate, as established by the Department of Labor, that prevailing wage schedule must be submitted with the job specifications. If a reduction in the prevailing wage rate is used to determine the cost of services, a written statement from the Department of Labor authorizing the reduction must be included in the proposal;
(5)where the contract is not governed by the prevailing wage law, but is governed by the minimum wage law and a dilution or reduction of the minimum wage is made in computing labor costs, a written statement must accompany the proposal citing legal authority for such dilution or reduction; and
(6)a certification that the actual composition of the work force on each individual service contract meets the same standards used by the Commissioners of Education and Social Services in certifying the organization.
(b)The Office of General Services will review applications for preferred designation, taking into account reasonable costs of labor, materials and overhead necessarily incurred by the agencies for the blind or other severely handicapped under efficient methods of procurement, production, performance and administration. After this review, the applicable nonprofit agency or commission and the prospective using agency shall be notified in writing of the determination.
(c)No request for price approval will be considered by the Office of General Services if such request is received after a public bid opening was held by a using agency. All information required of any bidder, including but not limited to prices, shall be submitted by the agency or commission representing the handicapped agencies to OGS prior to any formal bid opening to be held by the using agency.
9 NYCRR 333.4 - Price approval or price adjustment
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)If the service will be covered by a formal contract, preferred source designation will normally be granted for the period specified in the job specifications. If no period of time is specified, or a formal contract is not utilized, priority designation normally will be limited to a 12-month period. To continue priority designation beyond the specified or 12-month period, a new request must be submitted 30 days prior to the end of the contract or 12-month period, whichever is sooner.
(b)Price adjustments will be considered at the time of request for renewal or continuation, if accompanied by documentation.
(c)Any change in the capability of a handicapped organization must be included when requesting renewal or continuation of a contract.
9 NYCRR 333.5 - General guidelines
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)In accordance with provisions of the State Finance Law, prices of services provided by the handicapped shall not exceed in a major or unwarranted amount the prevailing market price for the same or equivalent services. The Commissioner of General Services reserves the right to determine, revise and approve prices based on the consideration of reasonable costs of labor, materials and overhead necessarily incurred by the organizations under efficient methods of procurement, production, performance and administration.
(b)Service contracts which involve the performance of duties which have in the past been performed by employees of the contracting agency or another government agency will not be approved by the Commissioner of General Services if the service can be and/or is provided by employees of the using agency or another government agency to or for the benefit of the using agency.
(c)Service contracts in effect may not be interrupted in order that they be awarded to an organization representing the handicapped, but will be allowed to extend to the termination date specified by the using agency in such contract. Renewal options included in such contracts may also be exercised, and under such circumstances contracts for such services shall not be interrupted to be granted to an organization representing the handicapped.
(d)Approval of prices and services for a service contract will be limited to the specific service, prices, government agency and geographic location stated in the contract, unless specifically extended by the Office of General Services.
(e)When the Commissioner of General Services has determined that a nonprofit agency or commission for the blind or other severely handicapped is offering a suitable service at an acceptable price, and when that service has been approved for extension to other governmental units, the using agency must obtain a release from the nonprofit organization for the blind or other severely handicapped prior to approval of a contract award to another party. The agency making the request for a release must forward such request by certified or registered mail, return receipt requested. However, if no response to a request for release is received from the organization for the blind or handicapped within four weeks of the date of such request for release, this requirement will be waived.
(f)It is the responsibility of the agency or commission representing the handicapped organizations to assure compliance with all relevant provisions of the New York State Labor Law, including but not limited to provisions of that law governing wages and hours.
(g)Service will not be construed to include what the commissioner considers to be construction or the provision of a product nor shall it include printing. Services will also not include activities not normally contracted for by the State or any governmental agency or political subdivision or public benefit corporation thereof.
(h)The Commissioner of General Services reserves the right to request the agency or commission representing the handicapped organizations to prepare an impact statement identifying the anticipated effects of a proposed service contract on private labor forces.
(i)Once the Office of General Services has made a determination of preferred-source status for providing services to a particular agency, the contract may not be assigned by the handicapped organization, or its right, title or interest therein assigned, transferred, conveyed, sublet or disposed of without the previous consent, in writing, by the Office of General Services.
(j)Suitable services shall be procured in accordance with applicable specifications of the State Office of General Services, or with the approval of the Commissioner of General Services, those of such purchasing authority of other State agencies, political subdivision, or public benefit corporation which contract for such services.
(k)The Commissioner of General Services approves the price of suitable services; the commissioner does not award the contract. The contract award will be issued by the agency procuring the service.
(l)The Commissioner of General Services shall make such rules and regulations regarding specifications, quality standards, time of delivery, performance, suitability of service, and other relevant matters as shall be necessary to carry out the purpose of sections 175-a and 175-b of the State Finance Law.
(m)The Office of General Services reserves the right to inspect facilities where any service will be performed, and/or the facilities and records of a workshop requesting preferred treatment. Such inspection may be performed prior to final consideration of an offered service or price approval request, or at any time after such approval has been granted.
(n)Annually, a report of all services actually sold, under the auspices of sections 175-a and 175-b of the State Finance Law, to the State or any governmental agency or political subdivision or public benefit corporation must be submitted to the Office of General Services by the agency designated to represent the nonprofitmaking charitable agencies supplying the service. This report will be due 60 days after the end of the agency or commission fiscal year, and will cover all services sold during that fiscal year. This report must include, but is not limited to, the following for each separate service:
(1)type of service;
(2)name and address of workshop performing service;
(3)name and address of procuring agency;
(4)unit price;
(5)actual services supplied;
(6)total dollar amount; and
(7)administrative surcharge clearly identified as a separate cost component.
(o)Each nonprofit agency or commission shall submit an annual report of the administrative expense actually incurred and allocated to services performed during the 12-month period covered in the report. This administrative expense will be that expense incurred in performing responsibilities as the nonprofitmaking charitable agency or commission designated to facilitate order pursuant to sections 175-a and 175-b of the State Finance Law.
(p)Once designation as preferred source has been made, the nonprofit agency or commission representing the handicapped will be responsible for supplying the Office of General Services with a copy of the contract award. If no contract is awarded, the Office of General Services must be advised.
(q)The Commissioner of General Services reserves the right, during the contract period, to revoke the designation as preferred source if changes in service or price occur without prior written approval of the Office of General Services.
(r)The Commissioner of General Services reserves the right to terminate a designation as preferred source whenever the service is no longer determined suitable; or is offered at a price determined to exceed, unreasonably, the prevailing market price for the same or equivalent services; or if, upon review, the commissioner or his representative determines that service is being performed in an unsatisfactory manner. Such notice of termination shall be given to affected agencies 30 days prior to effective date of termination.
(s)A service may not be considered as suitable if the work is to be performed in an area outside the immediate geographic area of the using agency.
(t)Items that are, or have been, procured through contracts awarded by the Division of Standards and Purchase normally will be considered to be commodities.
(u)The handicapped organization is required to submit, to the agency or commission representing it, the supporting data used to prepare its cost sheets for performing a particular service. This information should be kept on file for audit or review by OGS and/or the State Comptroller's office.
(v)The nonprofit agency or commission, designated by either the Commissioner of Social Services or the Commissioner of Education, must certify that the actual composition of the work force on each individual service contract meets the same standards used in certifying the number or percentage of handicapped individuals comprising the organization.
9 NYCRR 333.6 - Requirement for approval of administrative surcharge
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)The administrative surcharge or the component of the selling price required to perform the responsibilities as the nonprofitmaking charitable agency or commission designated to facilitate the distribution of orders must be clearly identified as a separate cost component on each proposal submitted to the Office of General Services for review and approval. This charge does not have to be a fixed charge, but may vary according to the nature and cost of the service.
(b)The Office of General Services reserves the right to require the blind and other severely handicapped organizations (workshops) and their nonprofit agency representatives to each maintain accounting records and other evidence pertaining to costs incurred on the program, and to make these records available to the State at all reasonable times during the contract period and for three full years from the date of the final payment.