Purchasing and Contracts

In an effort to best meet the needs of the campus and those of the vendor community, the Office of 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.

Form W-9

Pursuant to the NYS Office of the State Comptroller mandate, it is the responsibility of the University to collect from each vendor which we do 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 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-8 in addition to the Form W-9.

Small Business Development Office

The University has many resources to help small businesses including the Small Business Development Office.

Minority and Women-Owned Business Enterprises

Vendors who are interested in becoming certified as a minority or women-owned business enterprise can get information from the Division of Minority and Women-Owned Business Development of Empire State Development.

New York State Contract Reporter

The University is required to publish bids of $20,000 or more in the New York State Contract Reporter. This newspaper is published hard copy and electronically by Empire State Development and contains solicitations from most State Government Agencies. On a quarterly basis the University publishes a list of possible procurements and a vendor form is printed in order for suppliers to be added to our vendor file for possible future bids. The electronic version can be accessed via the New York State Contract Reporter.

Vendor Responsibility – Office of the State Comptroller

Section 163 of the NYS Finance Law requires that all contract awards be made only to responsive and responsible vendors. In order to determine responsibility, responders to any solicitation are required to complete a Vendor Responsibility Questionnaire, and to certify that all information is true and accurate. A finding of non-responsibility will result in the rejection of a vendor proposal, or the termination of a contract.

A vendor may file the Responsibility Questionnaire either in hard copy format and include it with their proposal submission or they may elect to file it on-line. The hard copy document can be accessed and completed by clicking here. Once the form is completed it will need to be printed, executed in the presence of a Notary Public and become part of the proposal submission. The electronic version can be accessed via the Office of State Comptroller.

VenRep System Checklist– Steps to Start and Effectively Use the VenRep System

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.

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 15 business days after the date of the decision.

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 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.

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.

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.

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.

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.

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.

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.