New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter V - State University of New York
Subchapter A - Regulations of the Board of Trustees
Part 316 - State University Of New York Rules And Regulations For Purchasing And Contracting
Section 316.4 - Contracting and purchasing materials, supplies, equipment, services and construction
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 316.4
Current through Register Vol. 46, No. 12, March 20, 2024
(a) New York State Contract Reporter.
(1)
Contracts up to $10,000, contracts from preferred sources, and emergency, sole
or single source contracts require no prior publication. Post-publication is
required for those contracts described in paragraph (5) of this
subdivision.
(2) Contracts from
$10,000.01 to less than $20,000 require quarterly publication of a list of
projected procurements by commodity and/or service, together with an
explanation of how to apply for placement on any bidder lists and the procedure
for providing advance notice by mail to those on the campus bidders
list.
(3) Contracts from $20,000 to
$30,000 for commodities purchased under the authority of the New York State
Office of General Services require no publication.
(4) Contracts for all other purchases from
$20,000 and above require publication at least 15 business days in advance of
the date on which a bid or proposal is due, unless a shorter period is
specifically authorized by law.
(5)
Campuses receiving an emergency, sole or single source exemption from
publication must subsequently publish a notice of either the letting or award
of the purchase/contract, and the reasons for such exemption, in the New York
State Contract Reporter.
(b) Competitive selection process.
(1) Up to $50,000, a campus may purchase
commodities or services directly from a responsible vendor of its choice
without formal competitive bidding. While no competitive bidding is required, a
campus should take the steps necessary to ensure that prices are
reasonable.
(2) Over $50,000 up to
$125,000, a campus must solicit a minimum of three informal quotations or
proposals from responsible vendors.
(3) Over $125,000, a campus must solicit a
minimum of five sealed bids or proposals.
(4) The following types of
contracts/purchases are exempt from the above bidding requirements:
(i) purchases from existing New York State
Office of General Services centralized State contracts;
(ii) sole source, single source or emergency
contracts;
(iii) contracts under
which the university provides consideration other than money;
(iv) Intercollegiate Athletics NCAA Division
1 Program procurements up to $250,000, upon written determination that
competition is not feasible due to the unique nature of the program or
circumstances. Such determination must be consistent with standard NCAA
Division 1 practices used for intercollegiate athletics programs nationally.
The selection must be justified and the prices demonstrated to be reasonable
and competitive;
(v) purchases not
exceeding $125,000 from small business and certified minority-and women-owned
business enterprises, and of a commodity or technology that is recycled or
manufactured, provided that the campus shall purchase from a responsible vendor
and should take steps necessary to ensure that prices are reasonable;
and
(vi) the purchase of New York
State labeled wine, produced by a winery licensed in accordance with the
requirements of section
76 of the Alcoholic Beverage Control Law
shall be exempt from competitive requirements, regardless of amount. For the
purposes of this subparagraph, New York State labeled wine is made from grapes,
at least 75 percent of the volume of which were grown in New York
State.
(c) Competitive bid or proposal considerations.
(1) The University only awards contracts to
responsible vendors. In the event a question of responsibility exists, the
vendor is given the opportunity to submit a proposal. During the evaluation
period, a review of that vendor's responsibility will be made a part of the
final evaluation and award process.
(2) Where factors in addition to cost will be
evaluated when making a contract award, offerors must be apprised of the
relative importance or weight of the cost criteria compared with all non-cost
criteria.
(3) The following
provisions are required to be included in State solicitations.
(i) Every offer shall be firm and not
revocable for a period of 60 days from the bid opening, or such other period of
time specified in the solicitation. Subsequent to such 60-day or other
specified period, an offer may be withdrawn in writing.
(ii) Any response to a solicitation which
proposes or requires the use of any tropical hardwood or wood product in the
performance of a contract shall be deemed non-responsive.
(4) Evaluation of proposals. When cost
factors (e.g., extended warranty coverage, maintenance, supply costs, etc.) are
to be considered in an Invitation for Bids (IFB) in addition to the base bid
price, each such factor must be identified in the IFB. When evaluating bids,
the cost of each such factor must be calculated and added to the base in order
to determine the lowest price.
(d) Notification. Campuses are encouraged to notify all offerors as to whether they are successful or unsuccessful. Upon request, it is recommended that an unsuccessful offeror should be provided a debriefing as to why it was unsuccessful.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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