Presentation on theme: "Construction Authority and Thresholds"— Presentation transcript:
1 Construction Authority and Thresholds Campus Let ContractsConstruction Authority and ThresholdsFebruary 1, 2012
2 Construction Authority as it applies to State Operated Campuses
3 Construction Authority and Funding What gives the authority to construct?New York State Education Law (§355 and §376) establishes the authority for design, construction and rehabilitation of SUNY facilitiesWho has that authority?Campus Administered (Campus Let and Campus Funded)State University Construction Fund (Fund)Dormitory Authority of the State of New York (DASNY)Office of General Services (OGS)New York Power Authority (NYPA)Unless authorized by specific legislation affiliated organizations (Foundations, ASC, Associations, ect.)are not authorized to hold construction contracts for projects University property.
4 Construction Authority and Funding Campus Let ContractsCampus managed construction projects funded by the Fund appropriationsCapital AppropriationCapital Appropriation via transfer to the 384 accountEmergency Capital AppropriationCampus Funded ContractsCampus managed construction projects funded by SUNY appropriationsCampus Funds (operating budget, income fund reimbursable)Other funds (Foundation, Research Foundation, Auxiliary Service Corporation, Alumni Association, Grants)
5 Construction Authority and Funding State University Construction Fund (the Fund)Capital AppropriationCapital Appropriation via transfer to the 384 accountEmergency Capital AppropriationDormitory Authority of the State of New York (DASNY)Dormitory Income Fund ReimbursableDormitory Res Hall Revenue BondsIncome Fund ReimbursableCampus and other funds can be transferred to the Fund through the 384 appropriation account
6 Construction Authority and Funding Office of General Services (OGS)Capital AppropriationCapital Appropriation via transfer to the 384 accountEmergency Capital AppropriationCampus Funds (operating budget, income fund reimbursable)Other funds (Foundation, Research Foundation, Auxiliary Service Corporation, Alumni Association, Grants)
7 Construction Authority and Funding New York Power Authority (NYPA)Capital AppropriationCampus Funds (operating budget, income fund reimbursable)Other funds (Foundation, Research Foundation, Auxiliary Service Corporation, Alumni Association, Grants)
8 Construction Authority and Funding Projects managed by SUNY affiliated organizationsAlumni Association, Foundation, Research Foundation, Auxiliary Service Corporation, Special or Student Housing Foundation, ect.Other funds (Foundation, Research Foundation, Auxiliary Service Corporation, Alumni Association, Grants)Contact your University Counsel if you’re interested in pursuing a project using this method
9 Procurement Requirements and Thresholds for State Operated Campuses
12 View procedures on our website Competitive Bid (Construction)Awards made by public letting to the lowest qualified bidderApplicability: >$20,000NYS Education Law §376Procedure Item #7554Most Qualified Selection (Consultant)Contracts are negotiated with the most qualified consultantApplicability: >$25,000NYS Finance Law §136-AProcedure Item #7555View procedures on our website
13 New York State Contract Reporter B-1184Division of Budget approval of contracts through the Agency Spending Controls Application (ASCA)Applicability: capital projects >$20,000DOB eBudget applicationsDivision of Budget Bulletin 1184New York State Contract ReporterAdvertisement in the New York State Contract Reporter (NYSCR) at least 15 business days before the bid due date.Individual ad for contracts in excess of $20,000Quarterly ad for anticipated contracts >$10,000 but <$20,000NYSCR WebsiteNYS Economic Development Law (§142)
14 Albany Paper = Times Union Newspaper Advertisement (Construction)Campus Let contracts require a one day ad in an Albany paper and in a local paper of general circulationCampus Funded contracts require an ad in a local paper of general circulationApplicability: >$50,000NYS Education Law (§376) and Public Building Law (§8)Contact a reasonable number of local contractorsminimum of 5, if feasibleAlbany Paper = Times Union
15 Minority and Women Owned Businesses Applicability: >$100,000Notify regional business associationsEntrepreneurial Assistance CentersNew York State Small Business Development CenterMinority Business Development CentersPlace ads in minority publications; Minority Commerce WeeklySolicit from MWBE firmsEstablish MWBE goals within the solicitationInclude MWBE goals in pre-bid meetingRequire MWBE/EEO Policy Statement, Work Plan and Contract Breakdown from contractorsCoordinate with contractors and provide assistance in identifying MWBE’s where possibleNYS Executive Law Article 15ASUNY Procedure #7557
16 Vendor Responsibility For all contracts vendors and contractors must be deemed responsibleContracts >$100,000 requireContractor disclosure of all information relevant to a responsibility determinationCompletion of the Vendor Responsibility QuestionnaireAgency certification of Vendor ResponsibilityVendRepNYS State Finance Law §163OSC Procurement and Disbursement Guidelines G-221
17 Certificate of Insurance Procurement LobbyingRequires restrictions on contacts during the procurement process and vendor affirmation, certification and disclosure of complianceApplicability: >$15,000NYS State Finance Law § 139-jSUNY Procedure #7552Certificate of InsuranceRequired for ALL contracts and purchase ordersAt a minimum, insurance limits must equivalent to the limits in the construction and consultant agreements
18 Campus Procurement Certification SUNY procedures require a Campus Procurement Certification for all contracts (not purchase orders)>$250,000 – signed by a Campus Vice President and uploaded to the “SUNY Procurement Officers” space in ConfluenceConsultant ReportingAnnual reporting of all consultant contracts and purchase ordersOSC Form AOSC Form BNYS State Finance Law § 8 and § 163OSC Procurement and Disbursement Guidelines G-226.
19 Prevailing Wage Rates (Construction) Applicability: All contracts and purchase ordersProvide a copy to the prime contractor and incorporate it into the contractPrimes provides schedules to subcontractorsPrime provides copies of certified payroll to SUNYRequest a wage schedule from the Department of Labor websiteNYS Labor Law, Article 8 & 9
20 Learn More. A Guidance Document on construction bonds is coming soon. Bonds (Construction)Applicability: >$50,000Performance BondsMay be waived when only one (1) payment is made to the contractor upon successful completion of the workLabor & Material Bonds cannot be waivedMultiple contracts for project - the entire project value must be fully bondedNYS State Finance Law § 139-fLearn More. A Guidance Document on construction bonds is coming soon.
21 Wicks Law (Construction) Requires separate specifications and bids for;General ContractingPlumbing: plumbing and gas fittingMechanical: steam heating, hot water heating, ventilating and air conditioning apparatusElectrical: electric wiring and standard illuminating fixturesApplicability by county>$3M in Bronx, Kings, NY, Queens, and Richmond>$1.5M in Nassau, Suffolk, and Westchester>$0.5M in all other counties within the stateNYS State Finance Law § 135
22 Wick’s Law (Construction) Campus Let ContractsCampuses may apply for a Wick’s Waiver with the FundCampus Funded ContractsNot eligible for a Wick’s Waiver
23 Campus Let vs. Campus Funded Fund AppropriationFund project approval and coding requiredEligible for Wick’s WaiverAdvertisement in Albany paper and a paper of general circulationCampus FundedSUNY AppropriationSubject to Wick’sAdvertisement in a paper of general circulation.