- Doing Business With The Research Foundation
- Form W-9
- Minority and Women-Owned Business Enterprises
- Procurement Debriefing
- Bid Award Protest
- OSHA Legislation
- Prevailing Wages
Doing Business with The Research Foundation
In an effort to best meet the needs of the campus and those of the vendor community, the Office of Research Funded Purchasing and Contracts maintains a vendor database of pertinent information on vendors seeking to do business with the University. If you would like to be added to the vendor database please complete the Vendor Registration Form.
It is the responsibility of the Research Foundation to collect from each vendor which it does business with a Form W-9. Prior to any purchase order being issued or any contract being finalized a Form W-9 must be on file with the Office of Research Funded Purchasing and Contracts. Sole proprietors who are not U.S. citizens and businesses organized/incorporated outside of the United States are required to complete and submit an IRS Form W-8BEN.
Minority and Women-Owned Business Enterprises
The White House's Office of Management and Budget Circular A-110 calls for receipients of federal awards, contracts and grants to make positive efforts to utilize small businesses, minority-owned firms, and women's business enterprises, whenever possible. When searching for minority and women-owned business enterprises the Office of Research Funded Purchasing and Contracts often utilizes the New York State Division of Minority and Women-Owned Business Development listing of NYS certified MWBEs. Information on becoming a NYS certified minority or women-owned business enterprise could be obtained at the New York State Division of Minority and Women-Owned Business Development.
It is the policy of the Office of Research Funded Purchasing and Contracts to notify, in writing, every non-winning responder of his or her right to schedule a debriefing with the Purchasing Associate in charge of this procurement. The debriefing opportunity will be limited to the responder's evaluation results as they apply to their proposal and not as a comparison to the winning responder. To schedule a debriefing the non-winning responder may contact the Purchasing Associate in charge of this procurement within 5 business days of the date of the non-selection letter.
Bid Award Protest
Protests concerning a Proposed Bid Award must be received, in writing, in the Office of Research Funded Purchasing and Contracts, within five business days of the date of the notice of award. The protest must contain a statement of all grounds for disagreement including a description of remedies sought. All supporting documentation must be included at the time of filing.
In consultation with the Assistant Director, the Purchasing Associate shall conduct an extensive review of the records and ascertain whether or not the protest has merit. The Purchasing Associate will then deliver a recommendation to the protestor. A decision shall be sent to the protesting party within 30 business days of receipt of the protest. In the event of an unfavorable decision, the protester shall be given the right to appeal to the decision. The notice to appeal of the Purchasing Associate's decision must be received by the Director of Institutional Services within 15 business days after the date of the decision.
Chapter 282 of the Laws of 2007, codified as Labor Law Section 220-h mandates that every worker employed in the performance of a public work project of at least $250,000 shall be certified as having completed an OSHA 10 safety training course. The clear intent of this provision is to require that all employees of public work contractors receive such training prior to the performing any work on the project.
All contractors and subcontractors must attach a copy of proof of completion of the OSHA 10 course to the first certified payroll submitted to the contracting agency and on each succeeding payroll where any new or additional employee is first listed.
Proof of completion may include but is not limited to:
- Copies of bona fide course completion card; or
- Training roster, attendance record of other documentation from the certified trainer pending the issuance of the card; or
- Other valid proof.
A certification by the employer attesting that all employees have completed such course is not sufficient proof that the course has been completed.
Any questions regarding this statute may be directed to the New York State Department of Labor, Bureau of Public Work at 518-485-5696.
You can access the legislation by clicking New York State Senate Legislation S-1537.
This provision is an addition to the existing prevailing wage rate law, Labor Law Section 220, Section 220-h. It requires that on all public work projects of at least $250,000, all laborers, workers and mechanics working on the site, be certified as having successfully completed the OSHA 10-hour construction safety and health course. It further requires that the advertised bids and contracts for every public work contract of at least $250,000, contain a provision of this requirement.
NOTE: The OSHA 10 Legislation only applies to workers on a public work project that are required under Article 8 to receive the prevailing wage.
Please visit the New York State Department of Labor OSHA 10 section for information concerning the OSHA 10 requirements. For information on OSHA 10-hour Construction Safety and Health courses. Please visit the New York State Department of Labor website for additional information.
Many of the Research Foundations grants are subject to varying federal guidelines on prevailing wages. Among the laws governing prevailing wages, which the Research Foundation may be subject to, are the Davis-Bacon Act; the McNamara-O'Hara Service Contract Act; and the Walsh-Healey Public Contracts Act.
The Davis-Bacon Act requires all contractors and subcontractors performing work on construction contracts or federally assisted contracts in excess of $2,000 to pay the prevailing wage. The prevailing wage rate is determined by the Secretary of Labor for inclusion in covered contracts.
Congress has added Davis-Bacon prevailing wage provisions to approximately 60 laws-"related Acts"-under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance. (Examples of the related Acts are the Federal-Aid Highway Acts, the Housing and Community Development Act of 1974, and the Federal Water Pollution Control Act.) Generally, the application of prevailing wage requirements to projects receiving federal assistance under any particular "related" Act depends on the provisions of that law.
Covered contractors must maintain payrolls and basic records and submit certified weekly payrolls. Records to be maintained include:
- Name, address, and social security number of each employee;
- Each employee's work classification(s);
- Hourly rate(s) of pay (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof);
- Daily and weekly numbers of hours worked;
- Deductions made; and
- Actual wages paid.
Contractors can utilize Form WH-347 to satisfy the reporting requirements.
The McNamara-O'Hara Service Contract Act applies to every contract entered into by the United States, the principal purpose of which is to furnish services to the United States with service employees. The Act requires contractors and subcontractors performing services on covered federal contracts in excess of $2,500 to pay service employees in various classes no less than the monetary wage rates and to furnish fringe benefits found prevailing in the locality, or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement. Safety and health standards also apply to such contracts.
The same records as maintained under Davis-Bacon are to be maintained under the McNamara-O'Hara Act.
The Walsh-Healey Public Contracts Act requires contractors engaged in the manufacturing or furnishing of materials, supplies, articles, or equipment to the U.S. government to pay employees who produce, assemble, handle, or ship goods under contracts exceeding $10,000, the federal minimum wage for all hours worked and time and one half their regular rate of pay for all hours worked over 40 in a workweek.
The payrolls and the basic records pertaining thereto shall be maintained during the course of the work and preserved for a period of three years thereafter.