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Procurement Debriefing
It is the policy of the University 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.
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Bid Document Protest - University
A protest concerning a Bid Document must be received, in writing, in the Office of Purchasing and Contracts, at least 10 business days before the date for the receipt of bids or at least 48 hours before the date for the receipt of bids if there are less than 10 days between date of issuance of the bid and the date for the receipt of bids. 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 10 business days after the date of the decision.
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Bid Award Protest - University
Protests concerning a Proposed Bid Award must be received, in writing, in the Office of Purchasing and Contracts, within 10 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 45 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 10 business days after the date of the decision.
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Contract Protest - Office of the State Comptroller (OSC)
Once a contract has been awarded a vendor can file a Protest Directly with OSC if (1) the University has not provided notice of protest procedures in the solicitation document; or (2) the facts giving rise to the protest are not known or could not have been known by the date the protest was to be filed with the University.
This protest must contain the specific factual and/or legal allegations that the vendor is challenging in the awarding of the contract and it must be filed within 10 business days of notice of award. If notice of award is not known, the protest must be filed prior to the OSC Bureau of Contracts approval of the award. A copy of the protest shall be delivered to the University and to the successful bidder, if known. The successful bidder may file a response with OSC with copies being sent to the University and to the protesting party. OSC G-Bulletin 232 provides additional information.
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University Protest Appeal - Office of the State Comptroller (OSC)
An Appeal of a Protest may be made to OSC if the protesting party files a protest directly with the University and the University determines the protest is without merit. The protesting party has 10 business days from the date of the University's determination to file an appeal with OSC. A copy of the appeal to OSC must be delivered to the University. OSC will evaluate the merits of the protest and the University's determination in making its decision. They may obtain relevant information from outside sources. OSC G-Bulletin 232 provides additional information.
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Qualified Personnel Services Contracts
Pursuant to Executive Order 6, the University makes available its current Qualified Personal Services Contracts.
If you would like a copy of any of any of the information listed, please send a check payable to The University at Albany in the amount listed under Total Copying Cost of the contract that you are interested in to: The University at Albany, Office of Purchasing & Contracts, 1400 Washington Avenue, Management Services Center, Room 302, Albany, NY 12222, Attention: Qualified Personal Services Contract. Please enter the contract number in the memo field of the check. Requests will not be processed until the bank has cleared the payment.
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OSHA Legislation
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.
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SPOTA Legislation
The University is require to
- Collect and maintain payroll records for five years from the date of completion of the work.
- Designate in writing an individual in their employ to be responsible to collect certified payrolls and review for facial validity. This person’s name must be posted in a conspicuous location at the project site. Contact your University project manager for the campus designee.
A contractor that willfully fails to file payroll records to the University shall be guilty of a Class E Felony and subject to a civil penalty of up to $1,000 per day.
The filing of payrolls to the University is a condition of payment.
Willful underpayments can be punished as a criminal offense ranging from a Class A Misdemeanor to a Class C Felony as follows:
- An employer failing to pay prevailing wages in an amount less than $25,000 will be guilty of a Class A Misdemeanor.
- An employer failing to pay prevailing wages in an amount greater than $25,000 will be guilty of a Class E Felony.
- An employer failing to pay prevailing wages in an amount greater than $100,000 will be guilty of a Class D Felony.
- An employer failing to pay prevailing wages in an amount greater than $500,000 will be guilty of a Class C Felony.
- Second violators within a five year period would be required to surrender their profits and would forfeit their right to receive further payment on the project.
Any person who willfully fails to file the requested payroll records within ninety days of a demand by the fiscal officer shall be guilty of a Class A Misdemeanor, provided, however, that a person who violates this subdivision after having previously been convicted of violating this subdivision within the past five years shall be guilty of a Class E Felony.
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Prevailing Wages
On each pay stub contractors and subcontractors are required to provide written notice to all laborers, workers or mechanics of the prevailing wage rate for their particular job classification. In the event that the required information will not fit on the pay stub, an accompanying sheet or attachment of the information will suffice. They are required to post a notice at the beginning of the performance of every public work contract on each job site that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers or mechanics of their right to contact the Department of Labor if he/she is not receiving the proper prevailing rate of wages and/or supplements for his/her particular job classification. The required notification will be provided with each wage schedule, may be downloaded from the Department of Labor website or made available upon request by contacting the Bureau of Public Work at 518-457-5589.
This provision is an addition to the existing prevailing wage rate law, Labor Law Section 220, paragraph a of subdivision 3-a.
The prevailing wage bill passed the Assembly and the Senate in June of 2007 and became effective in February 2008.
Please view a copy of a PUBLIC WORKS PROJECT poster that must be posted at your job site.
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Single Source Procurement
A single source procurement is defined as a purchase from a supplier, because of limiting circumstances, who is chosen without soliciting for the minimum number of bids and proposals, despite the fact that competition exists.
Paragraph 10b(ii) of Section 163 of the New York State Finance Law stipulates that state agencies shall, for all single source procurement contracts, make available for public inspection on the agency website, a summary of the circumstances and material and substantial reasons why a competitive procurement is not feasible.
Please feel free to view the latest listing of the University's Single Source Procurements as of March 31, 2013.
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Emissions Reduction
The Diesel Emissions Reduction Act of 2006 requires contractors to certify and warrant that all heavy duty vehicles, as defined in New York State Environmental Conservation Law (ECL) section 19-0323, used by the contractors, their agents or subcontractors, comply with the specifications and provisions of section 19-0323 and any regulations promulgated pursuant thereto. Contractors unless specifically waived by Department of Environmental Conservation are required to use the Best Available Retrofit Technology and Ultra Low Sulfur Fuel. Qualification for a waiver under this law will be the sole responsibility of the contractor.
With its first payment request contractor shall submit a Regulated Entity Vehicle Inventory Form and a Regulated Entity and Contractors Annual Report Form to the project contact at the University.
Annually, but no later than March 1st, contractors shall complete and submit directly to the University's Office of Environmental Health and Safety via electronic mail (ECall@uamail.albany.edu), the Regulated Entity Vehicle Inventory Form and Regulated Entity and Contractors Annual Report Form for heavy duty vehicles used in the performance of this Contract for the preceding calendar year.
Surey Bond Program
A surety bond provides a guarantee that the work contracted for will be completed. Often referred to as a performance bond, the surety bond guarantees that the contractor has the financial resources to complete the job from start to finish.
The University will often require a contractor to obtain a surety bond as of the start date of work on a University project. The bond must remain in full force and effect throughout the life of the project.
There are four types of surety bonds:
1. Bid Bond: Ensures the bidder on a contract will enter into the contract and furnish the required payment and performance bonds if awarded the contract.
2. Payment Bond (Labor and Material Bond): Ensures suppliers and subcontractors are paid for work performed under the contract.
3. Performance Bond: Ensures the contract will be completed in accordance with the terms and conditions of the contract.
4. Ancillary Bond: Ensures requirements integral to the contract, but not directly performance related, are performed.
Section III of SUNY Procedure 7554, “Construction Contracting” requires a Bid Bond, Payment (Labor and Material) Bond and a Performance Bond for construction contracts exceeding $20,000.
Article 15A of the New York State Executive Law, defines a small business as a business which is a resident New York state, is independently owned and operated, not dominant in its field and employs, based on its industry, a certain number of persons as determined by the director of the Division of Minority and Women's Business Development (“DMWBD”), but not to exceed three hundred, taking into consideration factors which include, but are not limited to, federal small business administration standards pursuant to 13 CFR part 121 and any amendments thereto. The director of the DMWBD may issue regulations on the construction of the terms in this definition.
Empire State Development and the United States Small Business Administration have established separate surety bond programs to assist small businesses in obtaining surety bonds allowing them to bid on projects that they might not otherwise be able to.
A. Empire State Development
One of the missions of Empire State Development (“ESD”) is to enhance private business investment and growth to spur job creation and support prosperous communities across New York State through the use of loans, grants, tax credits and other forms of financial assistance.
The New York State Surety Bond Program (“Program”) is one way ESD seeks to accomplish the above mission. The Program provides technical and financial assistance to aid eligible contractors in securing a surety bond. In order to determine eligibility, the contractor must complete a Pre-Application Assessment Form.
If based on the answers to the Pre-Application Assessment Form, the contractor is found to be a suitable candidate for the Program, the contractor will need to complete and submit an Application for the New York State Surety Bond Assistance Program.
The information required to complete the Application includes:
· Ownership
· Number of Employees
· Credit Information
· Work History
· Financial Information
a. Veteran Owned: veterans who are starting or have an existing business qualify for assistance.
b. Service-Disabled Veteran Owned: a business must have a service connected disability that has been determined by the Department of Veterans Affairs or Department of Defense; the business must be assigned to the North American Industry Classification System code assigned to the procurement; at least 51% of the business must be unconditionally owned by the disabled veteran; the disabled veteran owner must control the management and day to day operations of the business; and the disabled veteran owner must hold the highest officer position in the business.
