Office of Purchasing and Contracts Procurement Outreach Training Level II – Module A Orders between $10,000 and $50,000
NYS Procurement Policy It is the policy of the University at Albany, SUNY that utilization of preferred sources occur whenever possible. In accordance with State Finance Law and Corrections Law, the University is required to make purchases of commodities and services from preferred sources. Preferred sources must be considered whenever purchases of commodities or services are required. It is the policy of the University at Albany, SUNY to take affirmative action to ensure that minority and women owned business enterprises are given the opportunity to demonstrate their ability to provide the University with commodities, services and printing at competitive prices.
Procurement Steps: Complete Needs Assessment Can it be bought from A Preferred Source? Is the item/service already on an OGS Contract? Are needs met by Competitive Bid? Sole Source* Single Source* Preferred Source OGS Contract Competitive Bid Is your item/service exclusively available from one vendor? Is price the sole criteria for selection, provided contractors satisfy minimum specification? Even though more than one contractor meets our needs, is there substantial basis for selecting a single contractor? Request For Proposals Develop specifications and request proposals from multiple vendors; Choose based on stated Evaluation criteria Invitation For Bid Develop specifications and request quotes from multiple vendors; choose based on lowest price No Yes * Sole and single sources are special processes that require pre- approval of the Office of the State Comptroller. Prior to entering into either a sole or single source transaction, the Office of Purchasing and Contracts must be contacted.
Procurements between $10,000 and $50,000 The procurement process is dictated by the dollar amount of the procurement. This module provides an overview of State procurements between $10,000 and $50,000. As the dollar value of the procurement increases from $10,000 to $50,000 several requirements come into play including, MWBE Good Faith Effort, Procurement Lobbying and Fair Labor Certification.
State Procurement Levels DOLLAR THRESHOLD POLICY OF THE STATE OF NEW YORK $0.00 - $10,000 Requires certification by the Purchasing Agent of reasonableness of price and Notification to Agency Bidder’s List $10,000.01 - $50,000 Requires certification by the Purchasing Agent of reasonableness of price, quarterly NYS Contract Reporter Publication and Notification to Agency Bidder’s List $50,000.01 - $125,000 Requires 3 quotes or proposals and Individual NYS Contract Reporter publication (15 business days advance notice) $125,000.01 - $250,000 * Requires 5 sealed bids or proposals and Individual NYS Contract Reporter publication (15 business days advance notice) * For Services: No external agency prior approval is needed for contracts and purchase orders up to $250,000 EXCEPT if any one condition exists: a) bid protest; b) low bid or best value not used; c) award not made in accordance with provisions of bid; d) single or sole source procurement. If any single condition exists the approval limit is reduced to $125,000. * For Services: No external agency prior approval is needed for contracts and purchase orders EXCEPT if the procurement is a single or sole source. If so, the exemption approval limit is $50,000 but no external approval is required at any limit. $250,000.01 – Above 5 SEALED BIDS OR PROPOSALS and INDIVIDUAL CONTRACT REPORTER NOTICE (15 BUSINESS DAYS ADVANCE NOTICE) with approval of Attorney General (when appropriate) and State Comptroller THE PURCHASING STAFF RESERVES THE RIGHT TO SEEK COMPETITION AT ANY LEVEL.
State Purchasing Requirement Thresholds An individual New York State Contract Reporter advertisement is required starting at $50,000. This will increase the procurement time frame. *Construction contracts require VendRep filing starting at $10,000 P-Card <$5,000* $10,000< $10,000$15,000$50,000$75,000 $100,000$125,000 $250,000> Fair Labor (Applies to Textiles) XXXXXXXXX Prevailing WageXXXXXXXXX Collegiate Licensing (Applies to the University’s Logo) XXXXXXXXX Consultant Disclosure * (Applies to Consulting Services) XXXXXXXXX Liability, Workers’ Compensation & Disability Insurance XXXXXXXXX VendRep ReviewXXXXXXXXX 3 QuotesNot required but preferred at these levels.XXX Procurement LobbyingXXXXXX VendRep Filing **XXXX Sales Tax FormXXX 5 Sealed BidsXX AG/OSC Approval If there are exceptions to the contract, pre-approval at $125,000 is required. All other contracts require approval at $250,000. Check with the Office of Purchasing and Contracts for exceptions. XX
Important Terms Collegiate Licensing: The use of any of the University insignia’s requires the use of a vendor who is licensed with the Collegiate Licensing Company. Consultant Disclosure: All contracts for Accounting, Analysis, Auditing, Computer Programming, Data Processing, Engineering, Environmental, Evaluation, Health and Mental Health Services, Legal or Similar Services, Paralegal, Research and Training require the filing of job categories utilized, the number of personnel in each category, the number of hours worked and the amount paid for each job category. Fair Labor: prescribes standards for the basic minimum wage and overtime pay, affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. Liability Insurance: All vendors performing work on campus must provide a current Certificate of Liability Insurance at the least naming the University, SUNY and the State of New York as additional insured's. For RF projects, the RF must be an additional insured. Prevailing Wage: the pay rate that is required to be paid to all private workers (non government) on all public work projects. Generally, applies to the construction, repair or renovation of government facilities (state or local).
Important Terms Procurement Lobbying: sets forth certain guidelines which the both the University and potential vendors are required to follow with regard to procurements with an estimated annualized value of more than fifteen thousand dollars ($15,000). The act calls for the naming of Designated Contacts for each procurement. In addition, defines permissible and impermissible contacts. A permissible contact is one which allows for the normal flow of information between an agency and all competing vendors. An impermissible contact is an attempt to influence the award or amendment of a contract, or contact with personnel other than a contact person designated by the University during the restricted period. Sales Tax Form: Contracts that have a lifetime value in excess of $100,000 require the vendor to file Form ST-220-CA and ST-220-TD with the University and the Tax Department, respectively. The vendor certifies that they are registered to collect NYS and local sales and compensating taxes. VendRep Review and VendRep Filing: All procurements require a review by the PA to ascertain whether the vendor is a responsible vendor prior to entering into the transaction. Procurements with a value of $75,000 or more require the vendor to certify that they are a responsible vendor by filing a Vendor Responsibility form either electronically or in hard copy.
In closing…. There are many levels of procurement, with unique requirements and regulations. Thank you for taking time to review this information. Additional training presentations can be found at our website at www.albany.edu/purchasingwww.albany.edu/purchasing