The practice of competitive bidding, whether formal or informal, not only tends to assure reasonable prices, but will guard against favoritism, improvidence, and fraud. Therefore, competitive bidding shall, to the extent practicable, be solicited and purchases shall be at the lowest available price consistent with quality requirements as will best promote the public interest.
All purchases must be justifiable and show reasonableness of cost.
0 - $2,500.00
The Campus may purchase commodities or services from a responsible vendor. While no
competition is required the department should take the steps to ensure that prices
are reasonable.
$2,500 - $14,999
The Campus may purchase commodities or services from a responsible vendor. While no
competition is required the department should take the steps to ensure that prices
are reasonable. Written documentation should be maintained to support the selection
of the vendor and the reasonableness of the price. (3 quotes is preferred)
$15,000 - $50,000
The Campus may purchase commodities or services from a responsible vendor. While no
competition is required the department should take the steps to ensure that prices
are reasonable. Written documentation should be maintained to support the selection
of the vendor and the reasonableness of the price. (3 or more quotes is preferred)
The Procurement Lobbying Law became effective January 1, 2006, constitutes a significant
legislative effort to regulate lobbying on government procurement contracts. The legislation
will have substantial impact on the Campus's procurement activities to obtain commodities
and services and to undertake real estate transactions. The legislation enacts two
new sections to the State Finance Law ("SFL"), §§139-j and 139-k. Generally, the law
distinguishes between permissible and impermissible contacts between a potential vendor,
or a person acting on behalf of the vendor, including its lobbyist, and the officers
and employees of the procuring campus. An impermissible contact is an attempt to influence
the award, denial or amendment of a contract in excess of $15,000, or contact with
personnel other than a contact person designated by the campus, during the "restricted
period" (the time commencing with the earliest written notice of the proposed procurement
and ending with the final contract award). A permissible contact involves the normal
flow of information between a campus and all competing vendors (e.g. the vendor's
submission of an offer or participation in post-award contract negotiations). The
campus must record all contacts, both permissible and impermissible, which occur during
the restricted period, and, generally, must deny an award of a purchase order or contract
to a vendor involved in a knowing and willful impermissible contact. The campus is
developing guidelines and procedures regarding permissible contacts and procedures
for the reporting and investigation of impermissible contacts. The campus's procurement
record must demonstrate compliance with these new requirements. In order to comply
with the provisions of the new law any campus procurement over $15,000 should be reviewed
with the Purchasing Associate prior to any request. A campus procurement over $15,000
would start by a solicitation request such as a fax requesting a price, a similar
e-mail request, or advertisement of the procurement from this office. Should any bidder
contact any campus staff after the initial solicitation or advertisement, it must
be reported to the Purchasing office to be included in the procurement record. The
campus Purchasing Department will provide guidance for each procurement. State Contracts
(also known as "P" contracts) do not apply to the new provisions of the law so campus
business practices utilizing those contracts are unaffected. For more information
on State Finance Law ("SFL"), §§139-j and 139-k, click here. For a quick link to explain the law, click here.
NOTE: Procurement Staff are the only Campus Designated Contacts, and may designate
other campus staff for specific types of procurements.
$50,001 - $125,000
A minimum of three bids or proposals, written proposals, or written quotations, must
be solicited from responsible vendors offering such commodities or services. The procurement
must be advertised in the NYS Contract Reporter and respondents given the opportunity
to submit a quote.
$125,001 - $250,000 + up
A minimum of five sealed bids or proposals must be solicited from responsible vendors
through an Invitation for Bid (IFB) or a Request for Proposal (RFP). The procurement
must be advertised in the NYS Contract Reporter and respondents given the opportunity
to quote. Contracts competitively bid over $250,000 may require approval by the New
York State Attorney General and the New York State Comptroller.
1. The Campus may elect to purchase any commodities or services, regardless of amount
from an existing Office of General Services (OGS) contract or a "PREFERRED SOURCE"
(CorCraft, Industries for the Blind etc.) without the need to solicit competitive
bids or proposals.
2. Purchases from Small, Certified Minority or Women Owned Businesses, or for Recycled
or Remanufactured commodities or technology: Exemption from bidding up to $200,000
(campus must still document reasonableness of price) for the purchase of commodities
or services from New York State small businesses or certified Minority or Women-owned
Business Enterprises or for the purchase of commodities or technology that are recycled
or remanufactured. Contract Reporter advertising required. Contact the Purchasing
Associate for further information.
3. The NYS Office of General Services and SUNY Contracts must be considered and utilized prior to using another procurement method of following an IFB or an RFP process.
A protesting party may submit a protest in accordance with the State University of New York Contract Award Protest Procedure.
An EMERGENCY situation is an unanticipated, sudden, and unexpected occurrence beyond the control of the campus which threatens:
a) the life, health, safety, or welfare of any person, or
b) the continued public use or function of property of the State of New York.
A CRITICAL situation is defined as a situation, excluding an emergency, that will or has occurred which impacts a significant campus operation requiring immediate campus action. A campus departments failure to properly and timely plan, in advance, for all procurements which then result in a situation in which normal procurement practices cannot be followed will not constitute a critical situation.
The campus procurement staff may assist in determining if a purchase is an Emergency purchase, a Critical purchase, or non-emergency/non-critical operating purchase.
Refreshments such as coffee, tea, juice, sodas, donuts, bagels, alcoholic beverages, etc. are not proper state charges for state employees either while on campus or in travel status off-campus.
Lunches for state employees are not a standard reimbursable expense while on campus or in travel status off-campus.
Breakfasts and/or dinners are not a reimbursable expense while on campus.