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State Funded Purchasing and Contracts
 
Institutional Services |Purchasing and Contracts |State Funded Purchasing | Legal

Legal

State funded purchasing is subject to a number of federal and state laws, orders, bulletins, policies and procedures. The below table provides a brief description to these items plus a link providing additional informaiton. The table is organized in the following manner: (1) Federal Statutes; (2) Federal Executive Orders; (3) Federal OMB Circulars (4) NYS Laws; (5) NYS Governor's Executive Orders; (6) Division of Budget Bulletins; (7) Office of the State Comptroller A and G-Bulletins; (8) SUNY Policies and Procedures; (9) SUNY Contract Exhibit Clauses; and (10) Campus Policies. This listing is as of April 1, 2013.

Type of Regulation

Name of Regulation

Legal Section

Summary

Federal Statutes

Animal and Plant Health Inspection Service

7 CFR Part 331

Implements the provisions of the Agricultural Bioterrorism Protection Act of 2002 setting forth the requirements for possession, use, and transfer of select agents and toxins. The biological agents and toxins listed in this part have the potential to pose a severe threat to plant health or plant products. Works in conjuction with 9 CFR Part 121 and 42 CFR Part 73.

Federal Statutes

Animal and Plant Health Inspection Service

9 CFR Part 121

Implements the provisions of the Agricultural Bioterrorism Protection Act of 2002 setting forth the requirements for possession, use, and transfer of select agents and toxins. The biological agents and toxins listed in this part have the potential to pose a severe threat to public health and safety, to animal health, or to animal products. Works in conjunction with 7 CFR Part 331 and 42 CFR Part 73.

Federal Statutes

Export Controls

Department of Commerce - Bureau of Industry and Security

The Department of Commerce's Bureau of Industry and Security (BIS) regulates the export and reexport of most commercial items. Dual-use items that have both commercial and military or proliferation applications and commercial items are also subject to export controls

Federal Statutes

Export Controls

Department of Commerce - Commerce Control List

This list contains all of the items subject to the export licensing authority of the BIS as discussed above.

Federal Statutes

Export Controls

Department of State - International Traffic in Arms Regulations

Regulations dictating the information and material pertaining to defense and military related technologies which may only be shared with U.S. Persons unless authorization from the Department of State is received or a special exemption is used.

Federal Statutes

Export Controls

Department of Treasury - Office of Foreign Asset Control

The Office of Foreign Assets Control administers and enforces economic and trade sanctions based on US foreign policy and national security goals.

Federal Statutes

The Family Education Rights and Privacy Act

20 USC 1232g; 34 CFR Part 99

A Federal law protecting the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

Federal Statutes

Employment Eligibility Verification

E-Verify (FAR Clause 52.222.54)

Regulates federal contracts and subcontracts that meet specific criteria.

Federal Statutes

The Health Insurance Portability and Accountability Act of 1996

Public Law 104-191

HIPAA sets national standards for the security of electronic protected health information. The clauses found in SUNY Exhibit Z pertain to this law.

Federal Statutes

The Financial Modernization Act of 1999 (Gramm-Leach Bliley Act)

Public Law 106-102, 113 Stat 1338

Includes provisions to protect consumers’ personal financial information and the disclosure of such information by all institutions.

Federal Statutes

Possession, Use, and Transfer of Select Agents and Toxins

42 CFR 73

Sets forth the guidelines for the handling of select agents and toxins that have potential to pose a severe threat to public health and safety, to animal and plant health, or to animal and plant products. Works in conjunction with 7 CFR Part 331 and 9 CFR Part 73.

Federal Executive Order

Notification of Employee Rights Under Federal Labor Laws

Federal Executive Order 13496

Federal contractors and subcontractors are required to inform employees of their rights under the National Labor Relations Act.

Federal OMB Circulars

Cost Principles for Educational Institutions

Office of Management and Budget Circular A-21

Establishes principles for determining costs applicable to grants, contracts, and other agreements with educational institutions.

Federal OMB Circulars

Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations

Office of Management and Budget Circular A-110

Sets forth standards for obtaining consistency and uniformity among Federal agencies.

Federal OMB Circulars

Audits of States, Local Governments, and Non-Profit Organizations

Office of Management and Budget Circular A-133

Sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non-profit organizations expending Federal awards.

New York State Law

Reports of Appointing Officers; Official Roster

Civil Service Law - Section 97

Sets the rules for hiring an employee and the record keeping required by the department.

New York State Law

Public Employees Fair Employment Act

Civil Service Law - Article 14

Establishes the rules for public employment including right to organize, dispute resolution in collective bargaining, and strike prohibition.

New York State Law

Articles Manufactured to be furnished to the state or subdivisions thereof.

Corrections Law - Section 184

The Commissioner of Corrections is authorized to direct the production of goods by the inmates. Such goods are to be made available to the variuos state agencies.

New York State Law

Waiver of Immunity from Liability

Court of Claims Law - Sec 8

Waives the state's right to immunity.

New York State Law

Procurement Opportunities Newsletter

Economic Development Law - Section 142

Lays out the rules for the advertising of the University's procurements in the New York State Contract Reporter. OSC G-Bulletin 107B discusses OSC role in the advertising process.

New York State Law

Procurement Opportunities Newsletter

Economic Development Law - Section 143

The results of all individual procurements advertised in the New York State Contract Reporter must be posted in the paper.

New York State Law

Powers and Duties of Trustees - Administrative and Fiscal Functions

Education Law - Section 355

Establishes the Trustees managerial responsibilities over SUNY, including the certain purchasing and contracts function.

New York State Law

Purposes of Fund

Education Law - Section 372

Lays out the purposes of the State University Construction Fund

New York State Law

General Powers and Duties of Fund

Education Law - Section 373

Provides the powers and duties of the State University Construction Fund.

New York State Law

Capital Construction Planning

Education Law - Section 375

Covers the capital construction planning needed including standards, design and municipal regulations.

New York State Law

Construction Contracts

Education Law - Section 376

Procedures for State University Construction Fund to follow in the letting of campus construction contracts.

New York State Law

Architecture - Special Provisions

Education Law - Section 7307

Deals specifically with architectural issues.

New York State Law

Use of Ultra Low Sulfur Diesel Fuel and Best Available Technology by the State

Environmental Law - Section 19-0323

Contractors must certify and warrant that all heavy duty vehicles comply with the specifications and provisions of this section and any regulations promulgated pursuant thereto.

New York State Law

General Duties

Executive Law - Section 63

Lays out the basic duties of the Attorney General.

New York State Law

Minority and Women Business Enterprise

Executive Law Article 15-A

All procurements require a Good Faith Effort by the University towards NYS Certified MWBEs. SUNY Policy and Procedures 7556 and 7557 elaborate on SUNY responsibilities under this Article. Works with Exhibit A-1 (011413).

New York State Law

Duties of the Comptroller

Finance Law - Section 8

Spells out the duties of the State Comptroller in the procurement process.

New York State Law

Indebtness Not to be Contracted Without Appropriation

Finance Law - Section 41

The amount of a state contract cannot exceed the amount appropriated.

New York State Law

Accounting Systems; Approval of Contracts

Finance Law - Section 112

Spells out OSC's responsibilities for establishing an accounting system and approval of state contracts.

New York State Law

Cash Advance Accounts

Finance Law - Section 115

OSC may approve cash advance accounts. Accounts for the purchase of materials, supplies or services shall not exceed $250.

New York State Law

Separate Specifications for Contract Work for the State

Finance Law - Section 135 (Wicks Law)

Requires separation of construction bid proposals in excess of $500,000 for plumbing, HVAC, and electrical work.

New York State Law

Contracts in Pursuance of Appropriations

Finance Law - Section 136

Contracts entered into are not to exceed the amount appropriated for the work.

New York State Law

Retained Percentages

Finance Law - Section 139

A contract clause to be inserted into all contracts in which the contractor supplied a performance bond that allows the state to retain 5% of each progress payment.

New York State Law

Payment on Public Work Projects

Finance Law - Section 139f

Lays out the steps needed for a contractor to receive payment on public works projects and the payment of the subcontractors on the project.

New York State Law

Obligations with Respect to procurement contracts with New York State and Foreign Business Enterprises

Finance Law - Section 139i

Spells out the steps needed for awards to non NYS businesses over $1,000,000.

New York State Law

Restrictions on Contacts During the Procurement Process

Finance Law - Section 139j

Covers permissible and impermissible contacts during the procurement process. SUNY Policy and Procedure 7552 further discusses the contact restrictions.

New York State Law

Disclosure of Contacts and Responsibility of Offerers

Finance Law - Section 139k

Covers the disclosure requirements of vendors during the procurement. SUNY Policy and Procedure 7552 further discusses the disclosure responsibilities of vendors.

New York State Law

Disposition of Deposit Accompanying Bid

Finance Law - Section 140

Rules for withdrawal of bid and return of deposit.

New York State Law

Definitions

Finance Law - Section 160

Definitions under Article 11 of the State Finance Law

New York State Law

State Procurement Council

Finance Law - Section 161

Sets the make up of the state procurement council plus establishes their duties.

New York State Law

Preferred Sources

Finance Law - Section 162

Establishes the need to solicit the preferred sources prior to any other vendor.

New York State Law

Purchasing Services and Commodities

Finance Law - Section 163

The main governing law for state purchasing.

New York State Law

Procurement Record

Finance Law - Section 163 (1)f

Defines "procurement record".

New York State Law

Consultant Disclosure Legislation

Finance Law - Section 163 (4)g

Requires the contractors in selected fields doing business with the University, to file an initial report and an annual report for the life of the contract.See OSC Bulletin G-226 or additional information.

New York State Law

Process for Conducting State Procurements

Finance Law - Section 163 (5)

Lays out the procurement process.

New York State Law

Discretionary Buying Threshold

Finance Law - Section 163 6

Sets the threshold and the basic requirements for purchasing

New York State Law

Determination of Threshold Amount

Finance Law Section 163 (6)b

Purchases of the same commodity or service over a rolling 12 month period must not be divided.

New York State Law

Soliciting and Accepting Offers

Finance Law - Section 163 (9)

Establishes policies procedures for purchases not made with Preferred Sources and those outside of discretionary thresholds.

New York State Law

Single Source

Finance Law Section 163 (10)b (ii)

Single source procurements are to be posted on the internet.

New York State Law

Purchasing Restrictions

Finance Law - Section 165 (1) (2)

Except for special circumstances, severely restricts the purchase of the listed tropical hardware by the University.

New York State Law

Purchasing Commodities for State Use

Finance Law - Section 165 (3) (a) (b)

Sets for the guidelines for purchasing recycled items.

New York State Law

MacBride Fair Employment Principles

Finance Law - Section 165(5)

Only those contractors who follow non-discriminatory employment policies in Northern Ireland will be able to enter into contracts with the University.

New York State Law

Discriminatory Jurisdictions

Finance Law - Section 165(6)

Prohibits the use of state funds with businesses domiciled in states which discriminate against NYS businesses.

New York State Law

Purchase of Apparel

Finance Law - Section 165(7)

Establishes labor standards applicable to the manufacture of apparel procured by the University.

New York State Law

Iran Divestment

Finance Law - Section 165-a

Effective April 12, 2012, prohibits doing business with vendors who provide goods or services to the Iranian Energy Sector of $20,000,000 or more or provide credit of $20,000,000 for a term of 45 days or more that is used to purchase goods and services for the Iranian Energy Sector. OSC G-Bulletin 252 also covers divestment in the Iranian Energy Sector.

New York State Law

Transfer and Disposal of Personal Property

Finance Law - Section 167

Spells out the methods of disposal of state property which is no longer useful.

New York State Law

Definitions for Interest Payments on Certain Amounts Owed by State

Finance Law - Section 179 - e

Provides definitions of important terms used for interest payments owed to third parties by state agencies.

New York State Law

Notification of Unauthorized Acquisition of Private Information

General Business - Section 899-aa

Creates the rules that vendors handling private information must follow. The clauses found in Exhibit S pertain to this law.

New York State Law

Industrial Development

General Municipal Law - Article 18A (Title 1)

Among other areas lays out the funding, powers, record keeping, and tax exempt status of IDAs.

New York State Law

Public Work

Labor Law - Article 8

Regulates the hours and wages to be paid by contractors to their workers on public works projects.

New York State Law

Project Labor Agreements

Labor Law - Section 222

Defines project labor agreement, lays out the various contracts that encopmass PLAs and exempts contracts utilizing PLAs from Wicks.

New York State Law

Prevailing Wages for Building Service Employees

Labor Law - Article 9

Sets forth the wages payable by contractors to their employees providing building service work.

New York State Law

Building Construction, Demolition and Repair Work

Labor Law - Article 10

Sets forth the parameters of equipment used in the construction, demolition and repair of buildings.

New York State Law

Local Development Corporations

Not for Profit Law - Section 1411

Purpose and powers of local (not-for-profit) development agencies.

New York State Law

Power and Duties of Commissioner

Printing and Public Documents Law - Section 3

The OGS Commissioner sets the standards for all of the state printing.

New York State Law

Right to Annul Contracts

Printing and Public Documents - Section 8

Gives state agencies the right to annul contracts for failure or non-performance of the vendor.

New York State Law

Responsibilities of State Agencies

Printing and Public Documents Law - Section 12

Sets forth the documents the University is to submit to the state legislative and state library on an annual basis.

New York State Law

Definitions

Public Authorities Law - Section 1676

Defines the terms dormitory and authority and lists all organizations whose housing units qualify as a dorms under the law.

New York State Law

Dormitories at Certain Educational Institutions Other Than State Operated Institutions and Statutory or Contract Colleges Under the Jurisdiction of the State University of New York

Public Authorities Law - Section 1680

Defines educational institution and lists all institutions which qualify as an educational institution under this statute.

New York State Law

Procurement Contracts

Public Authorities Law - Section 2879

Sets forth the guidelines for organizations qualified as public authorities or a public benefit corporation to follow during the procurement process.

New York State Law

Iranian Energy Sector Divestments

Public Authorities Law - Section 2879-c

In conjunction with section 165-a of the State Finance Law, prohibits doing business with vendors who provide goods or services to the Iranian Energy Sector of $20,000,000 or more or provide credit of $20,000,000 for a term of 45 days or more that is used to purchase goods and services for the Iranian Energy Sector. OSC G-Bulletin 252 also covers divestment in the Iranian Energy Sector

New York State Law

General Powers and Duties of the Commissioner of General Services

Public Buildings Law - Section 3

Lays out the powers and duties of the OGS Commissioner in acquiring land in the city of Albany and serving as leasing agent in Albany County.

New York State Law

Lease of Buildings in Albany County

Public Buildings Law - Paragraph 12 - Section 3

Sets the leasing standards for the University.

New York State Law

Lease of State Owned Real Property

Public Buildings Law - Section 14

Establishes the rules for the University to lease property.

New York State Law

Powers and Duties; Leases

Public Lands Law - Section 3

OGS has the duty and power for the general care and superintendence of all state land.

New York State Law

Disposition of Moneys Received from Sale of Certain State Lands and Sand and Gravel Thereon

Public Lands Law - Section 23

All funds received by the OGS Commissioner on the sale of state land shall be deposited into the state treasury to the credit of the capital construction fund.

New York State Law

Abandonment of State Real Property

Public Lands Law - Section 30a

Rules a state agency follows for abandoened land.

New York State Law

Sale of Unappropriated State Lands; Notice and Place of Public Sales

Public Lands Law - Section 33

The OGS Commissioner shall be responsible for the sale of state land.

New York State Law

Defense and Indemnification of State Officers and Employees

Public Officers Law - Section 17

State employees shall be indemnified by the state so long as the employee follows the provisions in this section.

New York State Law

Business or Professional Activities

Public Officers Law - Article 4, Section 73 (4)

Regulates business done between an entity associated with a state employee and the state.

New York State Law

Business or Professional Activities

Public Officers Law - Article 4, Section 73 (8)a (i)(ii)

Prohibits former state employees from appearing, practicing, rendering services, or communicate for compensation with their former state agency for two years after termination.

New York State Law

Code of Ethics

Public Officers Law - Article 4, Section 74

Regulates the type of outside business interests and conduct of state employees.

New York State Law

Certification of registration to collect sales and compensating use taxes by certain contractors, affiliates and subcontractors

Tax Law - Section 5-a

Sets the parameters that contracts must certify that they collect sales tax.

New York State Law

Green Building Credit

Tax Law - Section 19

Renovation and new construction must conform to the Green Building code. See Executive Order 111.

New York State Law

Notification; Person Without Valid Authorization has Acquired Private Information

Technology Law - Section 208

Requires the University to disclose any breach of security to any NYS resident whose private information was or is reasonably believed to have been acquired without valid authorization.

New York State Law

Disability Insurance

Workers' Compensation Law - Section 8

Prior to entering into any purchase order or contract, a vendor must show acceptable proof of carrying NYS Disability or be legally exempt.

New York State Law

Workers' Compensation

Workers' Compensation Law - Section 57

Prior to entering into any purchase order or contract, a vendor must show acceptable proof of carrying NYS Workers' Compensation Insurance or be legally exempt.

New York State Executive Orders

Executive Order 4 - Establishing a State Green Procurement and Agency Sustainability Program

Governor Paterson - Executive Order 4

Establishes green purchases guidelines for state agencies.

New York State Executive Orders

Executive Order 6 - Ensuring the Cost-Effectiveness of Contracts for Personal Services

Governor Paterson - Executive Order 6

Subject certain consultant contracts to specific reporting requirements.

New York State Executive Orders

Executive Order 18 - Restricting the Use of Bottled Water at State Facilities and Promoting Executive Agency Sustainability

Governor Paterson - Executive Order 18

Except for limited circumstances, prohibits the use of state funds for the purchase of bottled water. Please see Kevin Wilcox's memo for additional information.

New York State Executive Orders

Executive Order 88 - Directing State Agencies and Authories to Improve the Energy Efficiency of State Buildings

Governor Cuomo - Exectutive Order 88

Seeks a reduction in avearge source energy use intensity in State-owned and managed buildings by April 2020 of at least 20% from an average source energy use baseline set in the 2010/2011 fiscal year. Replace Governor Pataki's Executive Order 111.

New York State Division of the Budget Bulletin

Agency Contracts, Non- Personal Service and Capital Spending Controls

Budget Bulletin B-1184

Sets forth the cost control measures that the University and all other state agencies are to follow. Capital spending contracts and non-personal services contracts are to receive strict scrutiny prior to being entered into by the University.

New York State Office of the State Comptroller A Bulletins

Voucher Preparation Changes for MWBE Reporting

OSC Bulletin A-301 R1

Details the correct method to complete a voucher to ensure payments made to MWBEs are properly classified. Provides examples of discretionary and non-discretionary payments.

New York State Office of the State Comptroller G Bulletins

Procurement and Contracting

OSC Bulletin G-107B

Sets the advertising bounds for procurements. This G-Bulletin is based on Economic Development Law Section 142.

New York State Office of the State Comptroller G Bulletins

Procurement Thresholds

OSC Bulletin G-225

Summarizes the discretionary purchasing abilities of state agencies.

New York State Office of the State Comptroller G Bulletins

Consultant Disclosure Legislation

OSC Bulletin G -226

Certain consultant contracts are subject to intial and ongoing reporting requirements. Based on section 163 (4) g of the Finance Law.

New York State Office of the State Comptroller G Bulletins

Contract Award Protest Procedures

OSC Bulletin G-232

Procedures to be used by a vendor to protest an award made by the University.

New York State Office of the State Comptroller G Bulletins

Collection of Substitute Form W-9

OSC Bulletin G - 240

A Form W-9 must be provided by the vendor prior to entering into a contract or purchase order.

New York State Office of the State Comptroller G Bulletins

Electronic Payment

OSC Bulletin G - 240

All vendors are required to submit an Electronic Payment Authorization Form to OSC.

New York State Office of the State Comptroller G Bulletins

Iran Divestment Act of 2012

OSC Bulletin G-252

Effective April 12, 2012, prohibits doing business with vendors who provides goods or services to the Iranian Energy Sector of $20,000,000 or more or provide credit of $20,000,000 for a term of 45 days or more that is used to purchase goods and services for the Iranian Energy Sector. State Finance Law section 165-a also covers divestment in the Iranian Energy Sector.

New York State Office of General Services

Appendix B - General Specifications

Appendix B - General Specifications

Clauses that are to be incorporated in all state procurements.

SUNY Policies and Procedures

State University of New York Rules and Regulations for Purchasing and Contracts

8 NYCRR 316

Details SUNY Purchasing and Contracts requirements including objectives and standards, authority to execute contracts and the procedures required for purchasing various items.

SUNY Policies and Procedures

Use of Facilities by Non-Commercial Organizations

SUNY Document Number 5603

Provides the procedures for permitting non-commercial organizations to utilize campus facilities.

SUNY Policies and Procedures

Use of University Facilities by Emerging Technology Enterprises

SUNY Document Number 5604

Provides the policy and guidelines for the granting emerging technology enterprises use of campus facilities.

SUNY Policies and Procedures

Use of University Facilities by Commercial Enterprises

SUNY Document Number 5605

Provides the policy and guidelines for the University to follow in granting commercial enterprises use of campus facilities.

SUNY Policies and Procedures

Procurement Lobbying Procedure for the State University of New York

SUNY Document Number 7552

Works in conjunction with SFL 139j and 139k in laying the documents that need to be kept in regard to contacts made during the procurement process.

SUNY Policies and Procedures

Purchasing and Contracts

SUNY Document Number 7553

Established the procurement process that the University is to follow.

SUNY Policies and Procedures

Construction Contracting

SUNY Document Number 7554

Covers all aspects of a construction contract procurement.

SUNY Policies and Procedures

Construction Related Consultant Contracting Procedures

SUNY Document Number 7555

Provides the procedures for construction related contracts.

SUNY Policies and Procedures

Procurement Opportunities for New York State Certified Minority-and Women-Owned Businesses

SUNY Document Number 7556

Sets forth the principle that the University will take affirmative action. Works with Executive Law Article 15-A.

SUNY Policies and Procedures

Participation by Minority Group Members and Women (MWBEs) with Respect to State University of New York Contracts

SUNY Document Number 7557

This procedure sets forth guidelines to assist state-operated campuses procuring from NYS certified minority- or women-owned businesses. Works with Executive Law Article 15-A.

SUNY Policies and Procedures

State University Procurement Card Policy and Guidelines

SUNY Document Number 7558

Establishes the process and policy for the handling of among other items the duties of the cardholder, voucher payments and the handling of disputes. The Accounting Department oversees all aspects of the procurement card.

SUNY Policies and Procedures

Anti-Sweatshop Policy

SUNY Document Number 7559

The University requires contractors to certify that they adhere to fair labor conditions.

SUNY Policies and Procedures

Anti-Sweatshop Procedure

SUNY Document Number 7560

Establishes the certification that the University is to get from contractors as to their following of fair labor conditions.

SUNY Policies and Procedures

Contract Award Protest Procedure

SUNY Document Number 7561

Sets guidlines for the protest of contract awarded by the University.

SUNY Contract Exhibits

Exhibit A (021114)

Standard Contract Clauses - State University of New York

Contains standard clauses that are part of all University contracts.

SUNY Contract Exhibits

Exhibit A - 1 (011413)

Affirmative Action Clauses - State University of New York

Contains Affirmative Action clauses that are part of all University contracts. Works with Executive Law Article 15-A.

SUNY Contract Exhibits

Exhibit S

Security, Non-Disclosure and Confidentiality

Contains clauses which contractors must adhere to in regard to disclosure of information pertaining to the University, its employees and students. The General Business Law Section 899-aa is the governing law of these clauses.

SUNY Contract Exhibits

Exhibit Z

HIPAA Business Associate Requirements

Lays out the requirements that contractors doing business with the University must adhere to in regard to the disclosing of medical records of employees and students of the University. For additional information see the Health Insurance Portability and Accountability Act.

Campus Policy

Conditions for the Occasional Use of University at Albany Facilities by Non-Commercial Entities

Revocable Permit Application

Permits issued for short time use of campus facilities by non-commercial organizations. SUNY documents 5603, 5604 and 5605 are the governing policies for the utilization of campus facilities.


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