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                      PURCHASING  MEMORANDUM


  NUMBER:   CL-417                  DATE:  March 8, 2001

 SUBJECT:   Misleading Telephone    PLEASE ADDRESS INQUIRIES TO:
            Solicitations by        Gail Van Kuren
            Non-Contract Vendors    Purchasing Officer I
                                    518/474-7901
                                    gail.vankuren@ogs.state.ny.us

                                    NON-STATE AGENCIES
                                    Judy Gibbons
                                    518/474-6717
                                    customer.services@ogs.state.ny.us


TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE
CONTRACTS:

   The number of misleading telephone solicitations from vendors
who do not hold contracts with the State continues.  Most often
such solicitations are directed to non-purchasing personnel and
end up costing the State far more than purchases made from
contract or in the local marketplace.

   Agencies must be wary of such solicitations and take
affirmative measures to preclude the issuing of orders to such
telephone solicitors.  Solicitors often use ploys similar to the
following to secure "verbal" orders:


          "I represent (well-known company) and need the
       manufacturer (or model or serial numbers) of the printers
       (or copiers) used in your office."  (This knowledge could
       enable an unscrupulous vendor to later appear to be a
       legitimate manufacturer's representative when soliciting
       an order for supplies.)
          "We want to verify the order Director
       __________________________ placed."  (The telephone
       solicitor will reference the names of key people in
       agency, but never really contacted anyone - except to get
       those names.)
       "Order now before price goes up!"  (Prices are usually
        quite high to begin with.)
       "A complimentary cleaning kit will be included if you order
        now."
          "An order will help our agency unload unwanted
       inventory."  (The company name sounds like a government
       agency.)
          "We have a contract and were wondering if you needed
       some product."  (It seems most telephone solicitors do not
       hold contracts with the State.)
          "We had a misdirected shipment to your area.  If you
       take it off our hands, we can give you a reduced price."
       (Shipments most often originate directly from company's
       warehouse.)

   If product has already been received as a result of such a
misleading telephone solicitation, no payment should be made to
the vendor.  The vendor should be advised that any unused portion
can be returned at the vendor's expense.

   Agencies should ensure its personnel are familiar with proper
purchasing procedures and warned against the unscrupulous
solicitor.

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Last Updated: 03/12/2001

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