§ 161. State procurement council. 1. a. The state procurement council\nshall continuously strive to improve the state's procurement process.\nSuch council shall consist of twenty-one members, including the\ncommissioner, the state comptroller, the director of the budget, the\nchief diversity officer and the commissioner of economic development, or\ntheir respective designees; seven members who shall be the heads of\nother large and small state agencies chosen by the governor, or their\nrespective designees; one member, appointed by the governor,\nrepresenting a not-for-profit New York-based organization engaged in the\nmarketing and/or promotion of New York grown farm and agricultural\nproducts or a not-for-profit New York-based organization engaged solely\nin the advocacy, marketing and/or promotion of organic New York grown\nfarm and agricultural products to be limited to a two year term; and\neight at large members appointed as follows: three appointed by the\ntemporary president of the senate, one of whom shall be a representative\nof local government and one of whom shall be a representative of private\nbusiness; three appointed by the speaker of the assembly, one of whom\nshall be a representative of local government and one of whom shall be a\nrepresentative of private business; one appointed by the minority leader\nof the senate; and, one appointed by the minority leader of the\nassembly; and two non-voting observers appointed as follows: one\nappointed by the temporary president of the senate and one appointed by\nthe speaker of the assembly. The non-voting observers shall be provided,\ncontemporaneously, all documentation and materials distributed to\nmembers. The council shall be chaired by the commissioner and shall meet\nat least quarterly.\n b. The at large members shall each serve a term of three years;\nprovided, however, that for their initial appointments, the temporary\npresident of the senate and the speaker of the assembly shall each\ndesignate one member to serve a term of one year, one member to serve a\nterm of two years and one member to serve a term of three years. Any\nvacancy among the at large members shall be filled by appointment\npursuant to paragraph a of this subdivision for the unexpired balance of\nthe term. The non-voting observers shall each serve a term of three\nyears. All the initial appointments made pursuant to this section shall\nbe deemed to have been made and to have been effective for all purposes\non the fourth day of June, nineteen hundred ninety-six.\n c. The members of the council shall serve without compensation, except\nthat each of them shall be allowed the necessary and actual expenses\nincurred in the performance of any of their duties hereunder.\n d. The council may conduct any business authorized herein when a\nquorum of the members are represented in session.\n 2. The council shall:\n a. Evaluate and make recommendations to the commissioner for the\ndevelopment of specifications for commodities and services to be\nacquired by or for state agencies through centralized contracts,\nincluding, but not limited to, evaluations and recommendations on\nminimum purchase quantities and standards for quality, function and\nutility;\n b. Establish and maintain guidelines which, in the manner provided by\nthis article, enable state agencies to acquire products directly from\nvendors or suppliers other than those participating in a centralized\ncontract when such products are not required by this article to be\nacquired from a preferred source and when such products are available in\nsubstantially similar function, form or utility and at prices or other\nterms more economically beneficial for the purposes of the acquiring\nstate agency;\n c. Identify to the commissioner any deficiencies in products or\nservices made available to state agencies through centralized contracts,\nincluding, at the discretion of the council, matters relating to\nspecifications developed and employe
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