Business Affairs
Purchase Requests/Thresholds/Protests
- General Information
- Purchase Requests / Thresholds / Protests
- Citibank VISA Procurement Card
- Single and Sole Source Procurements
- Vendors
Requisitioning Supplies, Equipment, and Services
Initiating purchase requests, requisition status, developing
specifications, and judging quality of materials, equipment or services
received
must, in many instances, be done by the ultimate end-user of the
material,
equipment or services. The type of service rendered to this campus by
Purchasing
will depend largely upon the needs and requirements of the
requisitioner.
Purchases can be made utilizing State-appropriated funds, Income fund reimbursable accounts, and Dormitory operating funds. Using these resources purchase requests can be processed through several mediums: (1) Direct handling through Purchasing (manual completion of the requisition form) and/or (2) Procurement Card - directly assigned to an employee; (3) Departmental encumbering at the desktop utilizing the SUNY WEB procurement application. This application will be up and running in July 2010.
Guidelines for Processing Paper Requisitions
Directly through Purchasing
Requisition forms must be completed in triplicate and approved by
center director, chairperson or dean. Please be sure that the account
number of the department to be charged is listed thereon. The first two
copies of the forms are then sent to Purchasing for processing. The
third copy (pink) is retained by the department. Purchasing will assign
an order number. In the event that delivery is not made in a reasonable
length of time, please contact Purchasing.All purchases must include the
PO# (purchase order #) on the invoice and packing slip. Purchase order
numbers are an
essential part of Document Inventory Control, therefore it is very
important, when placing an order, to ensure the vendor indicates the
correct PO# on all
billing and shipping documents.
Requisition Status
If you call Purchasing to check on the status of a department's
requisition please have available the department account number and
requisition number. Requisitions are processed daily by Purchasing and
are tracked by department and requisition number.
Procurement Definitions
Requisition
A requisition is the form departments use to request Purchasing to
purchase specified commodities and/or services.
Purchase Order
A purchase order is the document that requests a vendor/supplier to
furnish to the campus specified commodities/services. A purchase order
is processed by Purchasing based on a requisition received from a
department.
Quotation
A quotation is the current price/s and pertinent information needed
from a vendor/supplier for which they will furnish specified commodities
and/or services.
Request for Quotation
A Request For Quotation form is used to acquire the price/s and
pertinent information needed from a vendor/supplier before placing a
purchase
order. Purchasing can supply electronic forms to fax or e-mail.
State Term Contract(s)
A State term contract is a negotiated agreement between the State of
New York and a vendor for the delivery of specific commodities, at a
specific price, for a specified period of time. The Office of General
Service (OGS) negotiates term contracts under which all New York State
agencies may purchase their
requirements for standard commodities that are in common use without
the need for quotations or formal bidding.
Preferred Source
Department of Correctional Services, Industries for the Blind,
Industries for the Disabled, and Veteran's Workshops. The campus is
required by law to attempt to use preferred sources first before
considering other sources. Other sources may be used (State Contracts,
open bidding) when the preferred source does not meet the form, fit or
utility of the requirements.
Confirming Orders
Confirming requisitions are considered “after the fact” orders and
usually represent a request to pay for materials, supplies, or equipment
already received. They are against state Finance Law.
Blanket Purchase Orders
Specified dollar amounts are allocated to a purchase order for goods
and services that are provided on an as-needed basis. Payments are made
when the
materials are provided and invoiced.
Procurement Guidelines & Competitive
Bidding
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.
State Regulations on bidding practices per “SUNY
Purchasing/Contracting
Procedures.”
SUNYIT Procurement Guidelines Dollar Limit
Requirements
$
0 - $2,500
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 - $10,000
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 Quotes)
$10,000 - $20,000
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. Required
notification to the campus’s
bidder list must allow the vendor’s timeto respond and subsequent
opportunity
to quote. Placement on the Campus bidder list is outlined
by the Bidders
List Policy, which includes the quarterly listing in the NYS Contract
Reporter. As an alternative to the above,
notification of the pending purchase in the NYS Contract Reporter is
acceptable. These contract reporter respondents must be given
the opportunity to submit a
quote. This option is at the Purchasing
Associates discretion. Written documentation should be
maintained to
support the selection of the vendor and the reasonableness of the
price. (3 or
more Quotes)
A new law, Procurement Lobbying Act, 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 an 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 Purchasing to be included in the procurement record. Purchasing 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 go to:
http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html
or for a quick link to explain the law go to:
http://www.ogs.state.ny.us/aboutogs/regulations/advisoryCouncil/Faq.htm
$20,000 - $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.
The procurement must be advertised in
the NYS Contract Reporter and respondents given the
opportunity to submit
a quote. Written documentation should be maintained to support the
selection of
the vendor and the reasonableness of the price. (recommend 3 or more
quotes)
Note: Construction procurement is not part of this guideline.
$50,000 - $125,000
At the Purchasing Associates
discretion, 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 quote.
$125,000 - $250,000 + up
A minimum of five sealed bids or
proposals must be solicited from responsible vendors. The
procurement must be advertised in
the NYS Contract Reporter and respondents given the
opportunity to quote.
Contracts competitively bid over $250,000 must be approved by AG &
Comptroller.
Exemptions & Important Notes
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” (Corr
Craft, Industries for the
Blind etc.) with out the need to solicit competitive bids or
proposals.
Minority Women Business
Enterprises (MWBE) and New York State Small Businesses
Purchases from Small, Certified
Minority or Women Owned Businesses, or for Recycled or Remanufactured
commodities or technology:
Exemption from bidding $20,000 to $125,000 (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.
Sole & Single Source Contract
or Emergency Contracts
Where competition would otherwise be
required, but is not feasible due to the sole source, single source or
emergency
nature of a commodity or service, the campus must be able to justify
and
document the selection of the vendor and establish the reasonableness
of the
price. In accordance with State Finance Law, exceptions to the
general
requirement for competitive selection shall only be made under
unusual circumstances.
Workers’ Compensation Law --
Sections 57 & 220 Subd. 8
In accordance with the Worker's
Compensation law no permit, license, or contract (Purchase orders are
included)
shall be issued without proof of worker's compensation and disability
benefits
compliance. This covers construction, services and commodities.
Procurement Protests
Protest Procedures
The following protest procedure is
the administrative remedy for protesting procurement decisions.
Any bidder or proposer submitting a bid or proposal in response to a solicitation may protest the award or decision to award a contract by submitting by certified mail such protest setting forth the basis thereof in writing to the Director of Procurement no later than ten calendar days after notice of the award or announcement of the decision to award on Procurement's website or actual knowledge by the protester that a decision by Procurement to award to other than the protester has been made whichever occurs first, addressed as follows:
Director of Business Affairs
SUNY Institute of Technology
100 Seymour Road
Utica, NY 13502
The written protest should be received in the Business Affairs office not later than 4:30 p.m. on the tenth day. If the tenth day falls on a weekend or an official holiday, the ten-day period expires at 4:30 p.m. on the next regular workday.
The protest should contain, at a
minimum, the following:
- Name and address of the protester including telephone and fax numbers and email address;
- The solicitation title and number;
- The contract or purchase order title and number, if available;
- A statement concerning the protester's interest in the award or non-award of the contract and/or purchase order;
- A detailed statement of the basis for the protest including any supportive documents and information;
- The relief requested and the reason there for.
The Director of Business Affairs should, within 3 business days of receipt of the protest, notify the Vice President of Administration who will be the Protest Officer.
The Protest Officer should review the protest and supportive documents and issue a written decision within 5 business days of the notification where feasible. The Protest Officer may take any action or make any requests he or she deems necessary in order to investigate the protest including extending the time to issue a decision in order to obtain all evidence and other pertinent information. The protester will be provided a copy of the written decision. This decision will be final unless within three business days of receipt of the written decision the protester appeals to the President of SUNYIT or her/his designee. The appeal should be in writing and sent certified mail to the Director of Business Affairs as follows:
Director of Business Affairs
SUNY Institute of Technology
100 Seymour Road
Utica, NY 13502
No evidence or information may be introduced or relied upon in the appeal that has not been presented to the Protest Officer. The Director of Business Affairs will review the appeal and supportive documents and the decision of the Protest Officer with the President (or designee) and issue a written decision within 5 business days of receipt if feasible. The Director may take any action or make any requests he or she deems necessary including extending the time to issue a decision in order to render a decision on the appeal. The decision of the Director of Business Affairs or her/his designee shall be conclusive and final. A bidder’s only recourse is to contact the New York State Comptroller for further review.
For more information about Purchasing Requests, Thresholds, and Protests contact the Purchasing Associate, Mike Durr, Kunsela Hall, Room A237; (315) 792-7342.