Purchasing and Contracts

The Office of State Funded Purchasing and Contracts is responsible for assisting and advising departments in preparing and processing service, expenditure, revenue, consultant, and miscellaneous contracts. The office also assists and advises University faculty and staff with contract negotiations, document review, and other contractual and/or legal matters that require coordination and/or advice from the SUNY Counsel's office.

Formal contracts/agreements are required for all service and consultant arrangements in which (a) there is an exchange of monies between the University and the contractor (expenditure and revenue), (b) the terms and conditions of an agreement exceed those which can be represented on a Purchase Requisition; and (c) the University provides consideration other than money (the services of faculty and/or students, use of campus facility, etc.).

Contracts may also be required in certain situations, regardless of value, where (a) more than one payment is made to a contractor; (b) where the tasks performed by the contractor do not lend themselves to description on a regular purchase order; and (c) where the contractor imposes his/her contract on the University.

Contract Establishment

Depending on the complexity of the services or goods sought by the contract, it may be necessary to seek competition via a "Request for Proposals" (RFP). This document is created by the issuing department (with the assistance of the Office of State Funded Purchasing & Contracts, if necessary) and sets forth specifications, terms, and conditions that the University requires of any contractor interested in providing the requested goods and/or services. An RFP is typically issued for large dollar amount contracts, very technical purchases (such as computer or scientific equipment), or contracts that span a number of years.

In any situation in which it is necessary to enter into a contract, please contact the Office of State Funded Purchasing and Contracts as soon as possible for procedural information.

Departments planning to retain the services of a contractor may use standard consultant or service contracts developed by the Counsels Office of the State University and approved by the State Attorney General and the State Comptroller. Copies and samples of these standard contracts may be obtained from the Office of State Funded Purchasing and Contracts.

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Contract Authorization

In accordance with SUNY Procurement Policy, Item 7553, contracts and agreements entered into by the University may be signed ONLY by the University President, the Vice President for Finance and Business, or the Assistant Vice President for Finance and Business and Controller. Any other University employee who signs a contractor agreement may be held personally responsible for its performance (payment, liability, etc.).

All contracts, license forms, and agreements must be submitted to the Office of State Funded Purchasing and Contracts. After review by the Contract Officer, they are forwarded to the appropriate signatory and returned to the department or contractor, as required.

Contracts are initiated after the formal procurement process has been completed. Expenditure contracts with a value of under $75,000 and revenue contracts of less than $10,000 may be approved and signed by one of the three authorized campus signatories noted above. Contracts that exceed these respective amounts must be approved by the campus signatory and by the Offices of the State Attorney General and the State Comptroller. Departments should anticipate the time required for obtaining these approvals (approximately 8 to 12 weeks) and keep in mind that the University can assume no responsibility for the terms of a contract without the comptroller's approval. Under no circumstances should work be authorized under a contract until the contract has been approved and signed by all appropriate parties.

SUNY item 7553 Purchasing and Contracts (Procurement)

SUNY item 7554 Construction Contracting

SUNY item 7555 Construction - Related Consultant Contracting Procedures

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Not-For-Profit Contracting

New York State Executive Law and Estate Power and Trusts Law require, with certain exemptions that Not for Profit organizations maintain a current Charities Registration Filing. To this end, when a department indicates their desire to enter into a legal binding agreement with a Not-for-Profit it is necessary for the Office of Purchasing and Contracts to certify that the Not-for-Profit organization is current with all applicable filing requirements. The New York State Attorney General's Office certifies to the Not-for-Profits respective registration status.

An agreement between the University and a Not-for-Profit may not be executed unless the Attorney General's Office certifies to the Office of Purchasing and Contracts that the Not-for-Profit’s registration is in order.

Information regarding this process can be found at:
http://www.oag.state.ny.us/charities/charities.html

The necessary forms and additional information can be found at:
http://www.oag.state.ny.us/charities/forms/charindex.html

If you have specific questions relating to the registration, please contact the Office of the Attorney General at Charities.Bureau@oag.state.ny.us or by calling their main number at (212) 416 – 8000. If you would like to direct questions to the Office of Purchasing and Contracts, please call (518) 437-4579.

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Contracts/Contract Forms
1. Expenditure Contracts
  
  Expenditure contracts are subject to the same competitive bidding and/or quoting requirements as purchases. Therefore, the dollar limits are applicable to expenditure contracts. Additionally, revenue contracts exceeding $10,000 in revenue or in in-kind services must be approved by the State Attorney General and the Office of the State Comptroller and Vice Chancellor.
  
  See sample Expenditure Contract.
  
  Exhibit A (requires Adobe Acrobat Reader)
  
  Exhibit A1 (requires Adobe Acrobat Reader)
  
  Notary Form
  
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2. Consultant Contracts
  
  Payments to consultants of $2,500 or more require a consultant contract. Payments for less than $2,500 can generally be made by Purchase Order and Consultant Contract. Lecturers, guest speakers and performing artists providing services up to $2,500 may be paid through the honoraria process, honoraria forms are processed by the Accounting Office.
  
  Sample Consultant Contract
  
  Exhibit A (requires Adobe Acrobat Reader)
  
  Notary Form
  
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3. Extra Service
  
  Occasionally departments contract for specific services with contractors who are also State employees. In these cases, the University cannot enter into a direct contract with that contractor/employee. Such cases are handled as "Extra Service" and must be processed through the University Office of Human Resources. In this circumstance, the State employee (even if he/she is not a University employee) receives payment in the form of a regular paycheck for the extra service work performed.
  
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4. Memorandum of Understanding
  
  Occasionally departments contract for specific services with State agencies. These services are usually defined and agreed to in a Memorandum of Understanding (MOU).The MOU sets forth many of the same elements as a contract (for example, services to be provided, payments to be rendered, performance timetables, etc.). Memorandums of Understanding can only be entered into between two State Agencies. The most notable difference is the exchange of compensation which can be handled by a journal transfer.
  
  * Effective January 1, 2005 you must include a budget with your MOU document.
  Sample Memorandum of Understanding
  Sample Budget
  
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5. Revenue Contracts
  
  Revenue contracts are created when the University will receive monetary compensation for providing a service to a company or municipality. The contract would be based on a detailed proposal outlying the services requested deliverables, time frames and payment schedule. A justification will be required to substantiate the dollar value of the contract. These contracts require the signature of the Dean in addition to that of the University Controller. Revenue contracts with a value of $10,000. or more over the life of the contract will require prior approval of the Attorney General and State Comptroller of the State of New York. Proposals must be in agreement with State and SUNY contract terms.
  
  Sample Revenue Contract
  
  Exhibit A (requires Adobe Acrobat Reader)
  
  Notary Form
  
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6. Documentation
  
  Prior to submitting a contract to the Office of State Funded Purchasing and Contracts for review and approval, contractors should sign the contract document. Depending on the dollar amount of the contract, three to five contracts with original signatures may be required. Please call the Office of State Funded Purchasing and Contracts for additional information.
  
  For most contracts, contractor signatures must be acknowledged by a Notary Public. In addition, all contracts must incorporate New York State standard contract clauses.
  
  Notary Form
  
  New York State standard contract clauses:
  
  Exhibit A (requires Adobe Acrobat Reader)
  
  Exhibit A1 (requires Adobe Acrobat Reader)
  
  If you are unable to view either or both of the above exhibits, please contact the Purchasing and Contracts Office for a hard copy.
  
  Along with the contractor's signed copies of the contract, the following documentation should be submitted to the Office of State Funded Purchasing and Contracts:
  1. A requisition in the amount of the money to be encumbered for the current fiscal year, noting a valid University account number.
  2. Justification for the use of a consultant, which specifies why University staff cannot provide the consulting services, why this particular consultant is able to provide the services, and the qualifications of the consultant. In addition a statement justifying the reasonableness of price will be required.
  3. Any waivers which may be required by your department and/or division. In addition, if a contract is a sole source, a written statement to document the choice of vendor must be submitted. This explanation should detail why the vendor is uniquely qualified to provide the goods or service and provide proof that the cost is reasonable. If the value of the contract exceeds $20,000 the sole source statement is forwarded by the Office of State Funded Purchasing and Contracts to the State Comptroller for approval. The contract cannot be awarded until the sole source receives Comptroller approval.
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Contract Amendments

Contracts may be amended for any variety of reasons, but most typically to extend dates, increase or decrease costs, or change services. Changes to a contract or agreement must follow the same process as the original contract (i.e. signatures and Office of the State Comptroller approval if the original was processed through that office). Please contact the Office of State Funded Purchasing and Contracts for instructions regarding contract amendments.

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Facility Use

The State University has a policy for the use of University-controlled facilities by non-commercial organizations whose use is consistent with University purposes and is not in conflict with normal operations of the campus. Please contact the supervisor of the particular area in order to obtain specific instructions.

The procedure requires that the University issue a Revocable Permit authorizing the organization to use University facilities in accordance with campus policies and procedures. Use of facilities in excess of 30 days will require additional SUNY approvals. If the estimated value of the permitted use exceeds $10,000 it will require prior approval of the New York State Attorney General and Office of the State Comptroller.

In order to receive a revocable permit a user will be required to indemnify the University, provide insurance and pay any use or damage fees.

The Facilities Use procedures are identified as SUNY item 008 and can be viewed in its entirety at the following links:

Use of Facilities by Non-Commercial Organizations

Use of University Facilities by Emerging Technology Enterprises

Use of University Facilities by Commercial Enterprises

A revocable permit form for occasional users (less than 30 days)

Exhibit A (requires Adobe Acrobat Reader)

Notary Form

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Price Escalation CPI

Please visit http://www.bls.gov/home.htm