N.Y. Comp. Codes R. & Regs. tit. 8 § 316.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 316.4 - Contracting and purchasing materials, supplies, equipment, services and construction

(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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 316.4