1. Construction Authority and Thresholds
Campus Let Contracts
Construction Authority and Thresholds
February 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 facilities
Who 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 Contracts
Campus managed construction projects funded by the Fund appropriations
Capital Appropriation
Capital Appropriation via transfer to the 384 account
Emergency Capital Appropriation
Campus Funded Contracts
Campus managed construction projects funded by SUNY appropriations
Campus 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 Appropriation
Capital Appropriation via transfer to the 384 account
Emergency Capital Appropriation
Dormitory Authority of the State of New York (DASNY)
Dormitory Income Fund Reimbursable
Dormitory Res Hall Revenue Bonds
Income Fund Reimbursable
Campus 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 Appropriation
Capital Appropriation via transfer to the 384 account
Emergency Capital Appropriation
Campus 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 Appropriation
Campus 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 organizations
Alumni 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

10. SUNY Procedures Procurement Requirements NYSCR Advertisement
Rules & Regs
Legislation
Directives & Bulletins
SUNY Procedures
NYSCR Advertisement
Procurement Lobbying
Performance Bonds
Competitive Bid Process
Certificate of Insurance
Consultant Reporting
Wick’s Law
DOB 1184
Vendor Responsibility
Prevailing Wage Rates
Newspaper Advertisement
Campus Procurement Certification

11. Procurement Requirements

12. View procedures on our website
Competitive Bid (Construction)
Awards made by public letting to the lowest qualified bidder
Applicability: >$20,000
NYS Education Law §376
Procedure Item #7554
Most Qualified Selection (Consultant)
Contracts are negotiated with the most qualified consultant
Applicability: >$25,000
NYS Finance Law §136-A
Procedure Item #7555
View procedures on our website

13. New York State Contract Reporter
B-1184
Division of Budget approval of contracts through the Agency Spending Controls Application (ASCA)
Applicability: capital projects >$20,000
DOB eBudget applications
Division of Budget Bulletin 1184
New York State Contract Reporter
Advertisement 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 $20,000
Quarterly ad for anticipated contracts >$10,000 but <$20,000
NYSCR Website
NYS 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 circulation
Campus Funded contracts require an ad in a local paper of general circulation
Applicability: >$50,000
NYS Education Law (§376) and Public Building Law (§8)
Contact a reasonable number of local contractors
minimum of 5, if feasible
Albany Paper = Times Union

15. Minority and Women Owned Businesses
Applicability: >$100,000
Notify regional business associations
Entrepreneurial Assistance Centers
New York State Small Business Development Center
Minority Business Development Centers
Place ads in minority publications; Minority Commerce Weekly
Solicit from MWBE firms
Establish MWBE goals within the solicitation
Include MWBE goals in pre-bid meeting
Require MWBE/EEO Policy Statement, Work Plan and Contract Breakdown from contractors
Coordinate with contractors and provide assistance in identifying MWBE’s where possible
NYS Executive Law Article 15A
SUNY Procedure #7557

16. Vendor Responsibility
For all contracts vendors and contractors must be deemed responsible
Contracts >$100,000 require
Contractor disclosure of all information relevant to a responsibility determination
Completion of the Vendor Responsibility Questionnaire
Agency certification of Vendor Responsibility
VendRep
NYS State Finance Law §163
OSC Procurement and Disbursement Guidelines G-221

17. Certificate of Insurance
Procurement Lobbying
Requires restrictions on contacts during the procurement process and vendor affirmation, certification and disclosure of compliance
Applicability: >$15,000
NYS State Finance Law § 139-j
SUNY Procedure #7552
Certificate of Insurance
Required for ALL contracts and purchase orders
At 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 Confluence
Consultant Reporting
Annual reporting of all consultant contracts and purchase orders
OSC Form A
OSC Form B
NYS State Finance Law § 8 and § 163
OSC Procurement and Disbursement Guidelines G-226 .

19. Prevailing Wage Rates (Construction)
Applicability: All contracts and purchase orders
Provide a copy to the prime contractor and incorporate it into the contract
Primes provides schedules to subcontractors
Prime provides copies of certified payroll to SUNY
Request a wage schedule from the Department of Labor website
NYS Labor Law, Article 8 & 9

20. Learn More. A Guidance Document on construction bonds is coming soon.
Bonds (Construction)
Applicability: >$50,000
Performance Bonds
May be waived when only one (1) payment is made to the contractor upon successful completion of the work
Labor & Material Bonds cannot be waived
Multiple contracts for project - the entire project value must be fully bonded
NYS State Finance Law § 139-f
Learn More. A Guidance Document on construction bonds is coming soon.

21. Wicks Law (Construction)
Requires separate specifications and bids for;
General Contracting
Plumbing: plumbing and gas fitting
Mechanical: steam heating, hot water heating, ventilating and air conditioning apparatus
Electrical: electric wiring and standard illuminating fixtures
Applicability 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 state
NYS State Finance Law § 135

22. Wick’s Law (Construction)
Campus Let Contracts
Campuses may apply for a Wick’s Waiver with the Fund
Campus Funded Contracts
Not eligible for a Wick’s Waiver

23. Campus Let vs. Campus Funded
Fund Appropriation
Fund project approval and coding required
Eligible for Wick’s Waiver
Advertisement in Albany paper and a paper of general circulation
Campus Funded
SUNY Appropriation
Subject to Wick’s
Advertisement in a paper of general circulation .