Vendor Information

 

Information for Vendors

vendors
Doing Business With The University

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.

Purchasing Thresholds

The dollar value of the procurement is one of the factors influencing the procurement process. The placing of an advertisement along with the number of quotes and type of quotes obtained are both driven by the dollar value of the procurement. The State University of New York has established five purchasing thresholds.

About 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 individual procurements of more than $50,000 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.

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, vendors responding to a solicitation of $75,000 or more are required to complete a Vendor Responsibility Questionnaire, certifying that all information provided, such as financial, legal and organizational, is true and accurate. A finding of non-responsible will result in the rejection of a vendor proposal, or the termination of a contract. A vendor may file the Vendor Responsibility Questionnaire in hard copy format and which they must include with their proposal submission, or they may elect to file it online via the Office of the State Comptroller site.

Prior to completing either the hard copy or electronic version of the Vendor Responsibility Questionnaire, a New York State Vendor Identification Number must be obtained by either calling the OSC Help Desk at 866-370-4672 or by e-mailing them at [email protected]. The hard copy document will need to be printed and executed in the presence of a Notary Public and must be part of the submission. If the vendor completes the electronic version, they are required to file an Online Vendor Responsibility Notification Announcement with their submission. Please note that the Electronic Vendor Responsibility Questionnaire is good for up to six (6) months prior to the due date of a proposal.

Subcontractors who have been identified at the time of contract award and who will receive $75,000 or more during the life of the contract are required to obtain a New York State Vendor Identification Number by submitting a Form W-9 with the Office of Purchasing and Contracts. The Office of Purchasing and Contracts will provide the information to the OSC and the OSC will directly contact the subcontractor with a NYS Vendor Identification Number. Once the NYS Vendor Identification Number is obtained, the subcontractor may file the Vendor Responsibility Questionnaire in hard copy format or they may elect to file it online via the Office of the State Comptroller site. If the Vendor Responsibility Questionnaire is filed online, the subcontractor must notify the Office of Purchasing and Contracts by submitting an Online Vendor Responsibility Notification Announcement.

For more information see VendRep 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 10 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 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.

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 Bulletin G-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 Bulletin G-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 for additional information.

SPOTA Legislation

The University is required 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.

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.

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 Law - 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 ([email protected]), theRegulated Entity Vehicle Inventory Form and a Regulated Entity and Contractors Annual Report Form for heavy duty vehicles used in the performance of this Contract for the preceding calendar year.

Surety 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 Document Number 7555, "Construction Contracting" requires a Bid Bond, Payment (Labor and Material) Bond and a Performance Bond for construction contracts exceeding $20,000.

New York State Executive Law Article 15-A, 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.

The Small Business Administration defines a small business as one that is not dominant in its field of operation and qualifies as a small business concern under Title 13, Code of Federal Regulations, part 121.

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.

1. 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 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:

  1. Ownership
  2. Number of Employees
  3. Credit Information
  4. Work History
  5. Financial Information

For information on the Program, contact Ms. Huey-Min Chuang, Senior Director of Business & Economic Development, at (212) 803-3238 or [email protected].

In addition to the New York State Surety Bond Program, in 2007 the Surety and Fidelity Association of America ("SFAA") started the New York State Bonding Initiative with the ESD with the goal of addressing access to the bonding market for New York State small businesses, minority and women business enterprises. In 2008, the New York State Insurance Department was made a party to the agreement. The New York State Bonding Initiative is part of the Contractor Bonding Education and Mentoring Program (formerly known as the Model Contractor Development Program), which is designed to assist small businesses in improving company operations, making it easier to be bonded. The program also assists in assembling the necessary materials to successfully complete the bond application. Please contract Ms. Huey-Min Chuang, Senior Director of Business & Economic Development, at (212) 803-3238 or [email protected] or call the SFAA at (202) 778-3638 for information on this program.

2. Small Business Administration

The Small Business Administration (SBA) guarantees bid, performance and payment bonds issued by surety companies. A surety bond can be obtained directly from a surety company or from an agent representing a surety company.

The SBA has two surety bond programs, the Prior Approval Program and the Preferred Program.

The Prior Approval Program is for contracts up to $100,000 and awards are made to the following businesses that meet the SBA standards of being a small business:

  1. Socially and economically disadvantaged: businesses that are self-certified as veteran-owned, woman-owned, minority-owned and owned by a person with disabilities qualify for these loans.
  2. Historically Underutilized Business Zones ("HUBZone") Program: are at least 51% owned by U.S. citizens or a Community Development Corporation, an agricultural cooperative or an Indian tribe with its principal office located with a HUBZone; and with at least 35% of the employees residing in the HUBZone qualify for this loan type.
  3. 8(a) Business Development Program: a business must demonstrate a potential for success (generally be in business for 2 years); be unconditionally owned and controlled by one or more disadvantaged individuals who are U.S. citizens and who are of good character. A business can also qualify if it is owned by an Indian tribe.
  4. Veteran Related:
    1. Veteran Owned: veterans who are starting or have an existing business qualify for assistance
    2. 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.

The Preferred Program enables sureties to issue, monitor and service bonds without prior SBA approval with a 70% guarantee rate. The small business must take the following steps in this program:

  1. Find a surety company or agent and apply: A listing of surety companies is available online or by calling the Office of Surety Guarantees at (202) 205-6540.
  2. Go through the underwriting process: if the surety company deems you as being qualified for a SBA guarantee, the surety company will complete and submit the application to the SBA.
  3. Wait for SBA Processing: the SBA will review the application and if you qualify approve your application.

Insurance

insurance
General Information

Prior to any permit being issued or any contract, including purchase orders, being entered into, New York State procurement regulations require evidence the vendor carries various types of insurance. Except when specifically noted, the State of New York, the State University of New York and the University at Albany must be listed as endorsed additional insureds on all insurance policies.

The list of possible endorsed additional insureds is as follows:

  • State of New York

  • State University of New York

  • University at Albany

  • The Research Foundation for The State University of New York

  • Dormitory Authority of the State of New York

  • State University Construction Fund

  • University Auxiliary Services Inc.

  • The University at Albany Foundation

  • Student Housing Corporation

  • Fuller Road Management Corporation

  • University at Albany Alumni Association

  • University at Albany BioScience Development Corporation

The nature of the procurement will dictate the required types and minimum levels of insurance. In addition, the evidence to support the insurance is dependent on the insurance type. The insurance shall be kept in force for the duration and term of the agreement. The insurance required shall be obtained from insurance company (ies) licensed to do business in the State of New York.

The table below provides information on the types of insurance that apply to all procurements plus those where the insurance is dependent upon the nature of the procurement. If you have any questions or concerns regarding insurance needs, please contact the Office of Purchasing and Contracts at (518) 437-4579 before you engage a vendor in providing a commodity or service.

 

Insurance Required for All Procurements

Type

Definition

Minimum Level

Acceptable Documentation

Automobile Liability

Coverage, if an insured is legally liable for bodily injury or property damage caused by an automobile. The policy covers owned, leased, hired and non-owned vehicles.

$2,000,000 - each occurrence; Charter Bus Service requires a minimum of $5,000,000

UAlbany COI May 2013

Commercial General Liability

Covers claims of bodily injury or other physical injury or property damage. Such liability coverage shall include but not be limited toon-premises operations, independent contractors, products-completed operations, broad form property damage.

Please see table 1a or 1b below.

UAlbany COI May 2013

Disability

Disability benefits are temporary cash benefits paid to an eligible wage earner, when he/she is disabled by an off the job injury or illness. It provides for weekly cash benefits to replace, in part, wages lost due to injuries or illnesses that do not arise out of or in the course of employment. Disability benefits are also paid to an unemployed worker to replace unemployment insurance benefits lost because of illness or injury.

As required by New York State

Form CE-200 (Paper); Form CE-200 (Electronic); Form DB-120.1; Form DB-155

Workers' Compensation

Workers' compensation provides medical treatment, wage replacement and permanent disability compensation to employees who suffer job-related injuries or illnesses, and death benefits to dependents of workers who have died as a result of their employment.

As required by New York State

Form CE-200 (Paper); Form CE-200 (Electronic); Form C-105.2; Form GSI-105-2; Form SI-12; Form U-26.3

Note: Workers' Compensation and Disability Insurance are discussed below in further detail.

 

Required if Contractor's Policy Amounts for Automobile and/or Commercial General Do Not Meet Minimum Requirements

Type

Definition

Minimum Level

Acceptable Documentation

Excess/Umbrella Liability

Provides protection for catastrophic liability losses. Excess liability insurance is an umbrella policy that generally sits top of an automobile policy and commercial general liability policy. Payments start when a covered loss depletes the policy's per occurrence or aggregate limit.

Varies

UAlbany COI May 2013

 

Procurement Driven Insurance Needs

Type

Definition

Minimum Level

Acceptable Documentation

Builders Risk Insurance

Coverage that protects a person's or organization's insurable interest in materials, fixtures and/or equipment being used in the construction or renovation of a building or structure should those items sustain physical loss or damage from a covered cause.

This insurance only applies to Construction contracts that involve buildings or structures being constructed, erected, renovation or fabricated. The insurance does not apply to road construction. The Contractor shall provide a Builders Risk Insurance policy in an amount equal to the total insurable contract amount as calculated on the University's provided Builders Risk Insurance Value Form.
 

Varies

UAlbany COI May 2013 and Builders Risk Insurance Completed Value Form

Employer's Practices Liability Insurance

Covers discrimination, wrongful termination, sexual harassment and other employment related issues. It covers the Contractor plus the directors and officers of the Contractor. The Contractor's insurance company will derive the minimum amount of Employer's Practices Liability Insurance based on a number of factors, including business size, business type and associated risk of employment practices.

Varies

UAlbany COI May 2013

Garage Liability

Covers liability for the premises and operations, products and completed operations. Contractor shall provide a Garage Liability policy, including Garagekeepers' liability insurance coverage, if any of the following occur:

  1. The University's vehicle is towed, repaired or garaged; or

  2. The University leases parking facility that it owns; or

  3. Contractor's business is the garaging business, including:

    1. Gas station;

    2. Repair shops;

    3. Vehicle storage;

    4. Parking lots.

$1,000,000 for garage operations; Garagekeepers - $100,000 for each vehicle in custody and $500,000 aggregate on direct primary basis.

UAlbany COI May 2013

Owners and Contractors Protective Liability Insurance

Provides coverage for bodily injury and property damage liability arising out of contractors operation for the University.

$3,000,000 per occurrence/$5,000,000 aggregate; (Bodily and Property Damage)

UAlbany COI May 2013

Pollution Legal Liability Insurance / Environmental Liability Insurance

Provides property owners and operators coverage for pollution conditions associated with owned/operated properties, disposal sites, contracting operations and transportation exposures. Coverage is required when the work involves pollution risk to the environment.

Please see table 1a or 1b below.

UAlbany COI May 2013

Professional Liability (Errors and Omissions)

Contractor is required to carry Professional Liability Insurance whenever the services provided are required to be certified, licensed or registered by a regulatory entity and/or where the provider's error in, judgment, planning, or design results in a financial loss to the University. Such insurance shall be maintained during the life of the Contract and for a period of three years after the completion of the Contract by the Professional and any professional subcontractor hired by the Professional.

Please see table 2a or 2b below.

UAlbany COI May 2013

Property Insurance (Contractor's Equipment)

Protection against the loss of owned, borrowed or rented equipment and tools. Contractor shall secure, pay for and maintain the necessary amount of Property Insurance. The failure to secure such insurance or maintain adequate coverage levels shall not render the additional insureds or their officers, agents and employees responsible for any losses; and the additional insureds, their officers, agents and employees shall have no such liability.

Varies

UAlbany COI May 2013

 

Table 1a - Minimum Levels for Commercial General Liability and Pollution Legal Liability for Below Procurement Types

Contract Value

Other Services

Up to $500,000

$1,000,000 / $2,000,000

$500,001 to $1,000,000

$2,000,000 / $3,000,000

Greater than $1,000,000

$3,000,000 / $4,000,000

Note: Other services include but are not limited to abatement, accounting, information technology, legal, maintenance, repair, replacement, removal, testing and other non-A&E services.

 

Table 1b - Minimum Levels for Commercial General Liability and Pollution Legal Liability for Below Procurement Types

Contract Value

Design (A/E)

Construction Management

Construction

Less than $5,000,000

$1,000,000 / $2,000,000

$2,000,000 / $3,000,000

$3,000,000 / $4,000,000

$5,000,001 to $10,000,000

$2,000,001 / $3,000,000

$3,000,001 / $5,000,000

$4,000,001 / $5,000,000

$10,000,001 to $50,000,000

$3,000,001 / $5,000,000

$5,000,001 / $10,000,000

$7,000,000 / $10,000,000

Greater than $50,000,000

$4,000,000 / $6,000,000

$10,000,000 / $15,000,000

$15,000,000 / $25,000,000

 

Table 2a - Minimum Levels for Professional Liability/Errors and Omissions for Below Procurement Types

Contract Value

Other Professional Services

Up to $500,000

$1,000,000 / $2,000,000

Greater than $500,001

$3,000,000 / $4,000,000

Note: Other professional services include but are not limited to accounting, legal, and services required to be licensed or registered by a regulatory entity.

 

Table 2b - Minimum Levels for Professional Liability/Errors and Omissions for Below Procurement Types

Contract Value

Design (A/E)

Up to $25,000,000

$3,000,000 / $5,000,000

Greater than $25,000,000

$4,000,000 / $6,000,000

Certificates of Insurance

Prior to any permit being issued or any contract, including purchase orders, being entered into for work, the University requires acceptable proof of insurance. The acceptable proof of insurance is driven by the insurance type.

As noted above, the University at Albany COI is acceptable proof of insurance for most insurance types. The University at Albany COI will be provided to the Contractor by the University's Office of Purchasing and Contracts. The Contractor's insurance agent will need to complete the necessary parts and execute the document. The University at Albany COI can be returned to the University by either the insurance agent or the Contractor. The New York State Workers' Compensation Board has mandated that certain forms from New York State licensed Disability and Workers' Compensation private insurance companies or from New York State agencies are acceptable. These forms are discussed below in the Disability and Workers' Compensation section.

All certificates of insurance must contain a thirty (30) day written notice of any cancellation, change, or termination of coverage. In addition, at the time the contract is entered into each insurance carrier must be rated at least "A-minus" in the most recently published A.M. Best Insurance Report. If an insurance carrier is not rated at least "A-minus", the vendor must replace that insurance carrier with an insurance carrier who meets the "A-minus" criteria. This must be done prior to the commencement of the contract. If during the term of the policy, a carriers rating falls below "A-minus", the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the University.

Disability Insurance and Workers' Compensation Insurance

Prior to any permit being issued or any contract, including purchase orders, being entered into for work in which employees of a business will be engaged in hazardous employment the University must obtain acceptable proof that a business has secured disability insurance coverage and workers' compensation insurance for all its employees. This requirement applies to NYS businesses and to non-New York State businesses with employees working in New York.

 

Disability Insurance

Disability benefits are temporary cash benefits paid to an eligible wage earner, when he/she is disabled by an off the job injury or illness. It provides for weekly cash benefits to replace, in part, wages lost due to injuries or illnesses that do not arise out of or in the course of employment. Disability benefits are also paid to an unemployed worker to replace unemployment insurance benefits lost because of illness or injury. Disability benefits include cash payments only.

Paragraph 8 of Section 220 of the New York State Workers' Compensation dictates the steps the University is to take prior to entering into any contract, including purchase orders. Paragraph 8 of Section 220 reads as follows:

  1. The head of a state or municipal department, board, commission or office authorized or required by law to issue any permit for or in connection with any work involving the employment of employees in employment as defined in this article, and notwithstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that the payment of disability benefits for all employees has been secured as provided by this article. Nothing herein, however, shall be construed as creating any liability on the part of such state or municipal department, board, commission or office to pay any disability benefits to any such employee if so employed.

  2. The head of a state or municipal department, board, commission or office authorized or required by law to enter into any contract for or in connection with any work involving the employment of employees in employment as defined in this article, and notwithstanding any general or special statute requiring or authorizing any such contract, shall not enter into any such contract unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that the payment of disability benefits for all employees has been secured as provided by this article.

In order to comply with New York State Disability Insurance regulation, a business must provide evidence to the University one of the following:

  1. they are legally exempt; or

  2. they have obtained coverage from insurance carrier; or

  3. they are self-insured or part of a group insurance plan.

Proof that the business falls into one of the three above categories must be provided prior to any permit being issued or any contract, including purchase orders, being entered into.

  1. Legally Exempt: A business is legally exempt from disability insurance if it is a sole proprietorship, or a partnership, or a one or two person corporation with those individuals owning all of the stock and holding all the officerships with each person owning at least one share of stock and between them all shares of stock in the corporation. Regardless of the structure of the business it must not have any employees, day laborers, leased employees, borrowed employees, part-time employees, unpaid volunteers (including family members) or subcontractors. In addition, businesses with no New York State locations are exempt. The only acceptable proof of legal exemption is a Form CE-200 Certification of Attestation of Exemption from Workers' Compensation and/or Disability Benefits Coverage which is provided by the Workers' Compensation Board. A new CE-200 must be completed for each and every new or renewed permit, license or contract issued by the University. The CE-200 can be completed online.

  2. Coverage from Insurance Carrier: Private insurance carriers licensed to write New York State disability benefits insurance policies and New York State licensed agents of those insurance carriers can provide the University with Form DB-120.1 Certificate of Disability Benefits Insurance. This is the only acceptable form of proof of insurance coverage. Insurance brokers are not authorized to issue the DB-120.1.

  3. Self-Insured: If a business is self-insured they will need to provide the University with Form DB-155 Certificate of Disability Benefits Self-Insurance, as evidence that they are self-insured. In order to obtain Form DB-155 from the Workers' Compensation Board Office of Self-Insurance the business must have been approved by the Board. The business will need to contact the Board's Office of Self-Insurance 518-402-0247. The Board's Office of Self-Insurance will complete the DB-155. Additional information can be obtained by contacting the Board's Office of Self-Insurance at 518-402-0247.

 

Workers' Compensation

Workers' compensation provides medical treatment, wage replacement and permanent disability compensation to employees who suffer job-related injuries or illnesses, and death benefits to dependents of workers who have died as a result of their employment. Employers must continuously provide for workers' compensation benefits to all employees.

Section 57 of the New York State Workers' Compensation dictates the steps the University is take prior to entering into any contract, including purchase orders. Section 57 reads as follows:

"Restriction on issue of permits and the entering into contracts unless compensation is secured.

  1. The head of a state or municipal department, board, commission or office authorized or required by law to issue any permit for or in connection with any work involving the employment of employees in hazardous employment defined by this chapter, and notwithstanding any general or specific statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that compensation for all employees has been secured as provided by this chapter. Nothing herein, however, shall be construed as creating any liability on the part of such state or municipal department, board, commission or office to pay any compensation to any such employee if so employed.

  2. The head of a state or municipal department, board, commission or office authorized or required by law to enter into any contract for or in connection with any work involving the employment of employees in a hazardous employment defined by this chapter, notwithstanding any general or special statute requiring or authorizing any such contract, shall not enter into any such contract unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that compensation for all employees has been secured as provided by this chapter.

In order to comply with New York State Workers' Compensation regulation, a business must provide evidence to the University one of the following:

  1. they are legally exempt; or

  2. they have obtained coverage from insurance carrier; or

  3. they are self-insured or part of a group insurance plan.

Proof that the business falls into one of the three above categories must be provided prior to any permit being issued or any contract, including purchase orders, being entered into.

  1. Legally Exempt: A business is legally exempt from workers' compensation insurance if it is a sole proprietorship, or a partnership, or a one or two person corporation with those individuals owning all of the stock and holding all the officerships with each person owning at least one share of stock and between them all shares of stock in the corporation. Regardless of the structure of the business it must not have any employees, day laborers, leased employees, borrowed employees, part-time employees, unpaid volunteers (including family members) or subcontractors. In addition, businesses with no New York State locations are exempt. The only acceptable proof of legal exemption is a Form CE-200 Certification of Attestation of Exemption from Workers' Compensation and/or Disability Benefits Coverage which is provided by the Workers' Compensation Board. A new CE-200 must be completed for each and every new or renewed permit, license or contract issued by the University. The CE-200 can be completed online.

  2. Coverage from Insurance Carrier: Private insurance carriers licensed to write NYS workers' compensation insurance policies, their licensed NYS Agents or the New York State Insurance Fund can provide proof of workers' compensation insurance. Private insurance carriers must provide the University with Form C-105.2, Certificate of Workers' Compensation Insurance. Insurance brokers are not authorized to issue it.

    If the business obtains workers' compensation from the New York State Insurance Fund, the business must provide the University with Form U-26.3, Certificate of Workers' Compensation Insurance. Upon receipt the University will verify the coverage by going to the New York State Insurance Fund site and entering the requested information.

  3. Self-Insured: A business can be either self-insured or be part of a group self-insurance policy. If a business is self-insured, they are to provide the University with Form SI-12, Certificate of Workers' Compensation Self-Insurance which is obtained from the Workers' Compensation Board Office of Self-Insurance. The Board must have approved the business for self-insurance. In order to obtain Form SI-12. The business will need to contact the Board's Office of Self-Insurance 518-402-0247. If the business is part of a group self-insurance policy the must provide Form GSI-105.2, Certificate of Participation in Workers' Compensation Group Self-Insurance, as evidence. Form GSI-105.2 must be completed by the Insurance Administrator of the Group and provided to the University by the Insurance Administrator of the Group. Additional information can be obtained by contacting the Board's Office of Self-Insurance at 518-402-0247.

 

Disability and Workers' Compensation Forms

For a sample of the above listed forms, please click on the name of the form listed below.

Disability Insurance Forms:

  • CE-200 (Paper): Certification of Attestation of Exemption from Workers' Compensation and/or Disability Insurance

  • CE-200 (Electronic): Certification of Attestation of Exemption from Workers' Compensation and/or Disability Insurance

  • Form DB-120.1: Certificate of Disability Benefits Insurance

  • Form DB-155: Certificate of Disability Benefits Self-Insurance

Workers' Compensation Forms:

  • CE-200 (Paper): Certification of Attestation of Exemption from Workers' Compensation and/or Disability Insurance

  • CE-200 (Electronic): Certification of Attestation of Exemption from Workers' Compensation and/or Disability Insurance (Electronic)

  • Form C-105.2: Certificate of Workers' Compensation Insurance

  • Form GSI-105-2: Certificate in Participation in Workers' Compensation Group Self-Insurance

  • Form SI-12: Certificate of Workers' Compensation Self-Insurance

  • Form U-26.3: Certificate of Workers' Compensation Insurance 

Role of Purchasing and Contracts

As the office of record for contracts entered into by the University the Office of Purchasing and Contracts plays a central role in verifying a business's workers' compensation and disability insurance coverage.

These responsibilities include obtaining the proper documentation prior to entering into a contract/purchase order, verifying that the information provided is correct and maintaining the documents as part of the overall procurement record. Under no circumstances will the Office of Purchasing and Contracts issue a contract/purchase order without the proper documentation being received and verified.

Among the steps that the Office of Purchasing and Contracts takes is to determine if the business which is being contracted with will be utilizing employees or independent contractors. If it is determined that the business is using employees the business will need to provide evidence of workers' compensation and disability insurance. If independent contractors are performing the work the independent contractor will need to provide evidence that they either have workers' compensation insurance and disability insurance or are legally exempt, as defined above, from carrying workers' compensation insurance and disability insurance. Regardless of the status of the workers the Office of Purchasing and Contracts will not enter into any contract/purchase order without proof of disability insurance and workers' compensation or proof of exemption.

Upon receipt of documentation the Office of Purchasing and Contracts verifies the authenticity of the document with the insurance carrier and/or the Workers' Compensation Board. The Workers' Compensation Board allows users to verify if a vendor is exempt from carrying workers' compensation or disability insurance or whether the information showing coverage is correct.

Delay in providing proper documentation will result in a delay in the contract being finalized and in the work being started.

Surety Bonds

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.

The Information for Vendors section contains additional information on surety bonds.

Online Ordering Registration

online
Online Ordering Systems

To register for online ordering with State funds, or to update a current profile, please email [email protected]. For RF accounts, please contact Sponsored Programs Administration.

We offer a number of online ordering systems that enable users to place orders from state contracted vendors directly.

Business Cards, Envelopes, Letterhead:

Industrial Supplies:

Laboratory Chemicals & Supplies:

You will receive login information directly from the vendors.

You must be authorized to place orders using state accounts. The authorized signatures list is managed by the Accounting Office. If you are not an authorized signatory for the state account(s) provided, you will need to either provide an approver who is an authorized signatory or have an authorized signatory complete the Online Ordering Account Authorization Form.

If your orders require approval from an authorized signatory, select "yes" on the online ordering registration form and boxes will appear to enter the approver's information. Please note, all scientific orders require final approval from Procurement Services (this will happen automatically, you do not need to enter this information).

Effective December 17, 2018, Procurement Cardholders must use their p-card to pay for Staples / Proftech purchases. Please follow these detailed instructions on how to add your p-card information to your profile. If you receive a new pcard, please contact Procurement Services to update your Staples profile. Staples profiles using p-cards do no require an approver.

Letterhead, Business Cards & Envelopes

The University has established an online storefront with Pugs Print for letterhead, envelopes and business cards preformatted with the University logo and word mark.

The layout and design of University Stationery Items cannot be altered or modified in any form. Stationery fonts, logos, and designs are all to be produced with adherence to the University Graphic Identity Manuals. For more information, please contact the Office of Communications and Marketing.

Business cards may also be ordered from The Rapid Copy Center.

Lab Supplies

The University currently takes advantage of the New York State Office of General Services' contracts for lab supplies to provide desktop ordering of commonly used items.

Those items requiring special approvals such as radioactive materials, lasers, syringes and live vertebrates (lab animals) may not be ordered using the online system.

Please note that this ordering system is also separately available for RF Accounts.

Preferred Sources

All State agencies, including SUNY, are required to purchase approved products and services from preferred sources when those products and services are in the form, function and utility required by the agency.

Note: Vendors interested in partnering with a Preferred Source should contact the Preferred Source directly.

Purchases from Preferred Sources take precedence over all other sources of supply and competitive procurement methods.

"It is the declared policy of the University that utilization of preferred sources (Corcraft, Industries for the Blind of New York State, Inc., New York State Industries for the Disabled, Inc., New York State Office of Mental Health) occur whenever possible. In accordance with the provisions of the NYS Finance Law §162 and NYS State Corrections Law §184, preferred sources must be considered whenever purchases of commodities or services are required. Form, function and utility requirements may be considered. Where a preferred source is to be used for the provision of commodities or services, no competitive selection process or publication in the Contract Reporter is required. In the event a preferred source is to be rejected, that source must be given prior written notice with an explanation and an opportunity to respond."

From SUNY Procedure 7553: Purchasing and Contracting (Procurement)

For commodities only, NYS Finance Law §162 directs SUNY to buy from Preferred Sources in this order:
 

preferred
Corcraft

New York State Department of Corrections and Community Supervision
Division of Industries
550 Broadway
Albany, New York 12204-2802
Phone: (518) 436-6321 or (800) 436-6321
FAX: (518) 436-6007 or (800) 898-5895

For information about recycled or remanufactured products available from the DOCS Division of Industries (Corcraft) please visit the Corcraft website.

New York State Preferred Source Program For People Who Are Blind

New York State Preferred Source Program For People Who Are Blind
136 State Street, Floor 2
Albany, NY 12207
Phone: (518) 621-0621 or (800) 421-9010

For information about recycled or remanufactured products available from the NYS Preferred Source Program for People who are Blind (NYSPSP) please visit the NYSPSP website.

New York State Industries for the Disabled

New York State Industries for the Disabled
11 Columbia Circle Drive
Albany, New York, 12203
Phone: (518) 463-9706 or (800) 221-5994
Fax: (518) 463-9708

For information about recycled or remanufactured products available from the New York State Industries for the Disabled (NYSID), please visit the NYSID website.

Vendor Terms & Conditions

terms
Notice To Vendors

All purchase orders from New York State agencies are exempt from certain Federal taxes and New York State local sales taxes pursuant to Article 28 and 29 of the New York State Tax Law.

All such purchase orders must be accepted in lieu of tax exemption certificates, the vendor retaining a copy to prove that the sale was exempt. Do not include taxes from which the State is exempt when submitting invoices.

All invoices or New York standard vouchers submitted for payment must include a Payee Identification Number. That number is defined as either a Federal Employer Identification Number or Social Security Number. Failure to include this number may delay your payment.

Payment To Contractors

The Contractor shall provide complete and accurate billing invoices to the University in order to receive payment for its services. Billing invoices submitted to the University must contain all information, including contract and purchase order number and supporting documentation required by the University and the Office of the State Comptroller (OSC). Payments to Contractors requires the Contractor to submit an invoice that adheres to OSC’s “Proper Invoice” requirements.

Payments for invoices submitted by the Contractor shall only be rendered electronically. Such electronic payment shall be made in accordance with ordinary New York State procedures and practices. The Contractor shall comply with OSC procedures to authorize electronic payments. In order to receive payment from the State, Contractor is required to complete and submit to OSC either an Electronic Payment Authorization Form - Individuals or an Electronic Payment Authorization Form - Governments, Vendors and Not-for-Profits.The Contractor acknowledges that it will not receive payment on any invoices submitted under this contract if it does not comply with OSC's electronic payment procedures.

Summary Of Prompt Payment Provisions

Section 179 of the State Finance Law requires New York State to pay vendors in a manner consistent with accepted business practices. Specifically, the law requires that when vendors are not paid within 30 calendar days (excluding legal holidays) after delivering acceptable goods/services and a proper invoice, interest will begin to accrue. Interest will be calculated using the "overpayment rate" set by the Commissioner of Taxation and Finance. Interest will only be paid when it exceeds $10 per invoice and when payment is made directly by the State rather than through an intermediary organization such as the Trustee for Certificates of Participation, issued pursuant to Article 5-A of the State Finance Law.

Privacy Notification

The authority to request personal information from you including identifying numbers such as Federal social security and Federal employer identifying numbers, and the authority to maintain such information is found in Section 5 of the Tax Law. Disclosure of this information by you is mandatory. The principal purpose for collecting the information is to enable the Department of Taxation and Finance to identify individuals, businesses and other entities affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by the Tax Law.

The personal information is requested by the Purchasing Unit of the agency issuing the purchase order. The information is maintained in New York State's Central Accounting System by the Director of State Accounts, Office of the State Comptroller, AESOB, Albany, New York 12236.

New York State is an Equal Opportunity/Affirmative Action Employer.

Shipping Instructions
  • Delivered goods must be identical to samples furnished with proposals.

  • Duplicate invoices with shipping receipts attached must be sent to the "Bill To" address shown on the front of this copy.

  • New York State is not liable for overshipments, which will be returned at the vendor's expense.

Terms And Conditions

The following terms and conditions and any specifications, drawings, and additional terms and conditions which may be incorporated by reference or appended thereto are part of this purchase order. By accepting the order or any part thereof, the Contractor agrees to and accepts all terms and conditions.

  1. The cash discount period available to University shall commence on the date of the receipt of acceptable merchandise or on the date receipt of the invoice, whichever may be the later.
  2. In the event of Contractor's failure to deliver as and when specified, University reserves the right to cancel this order or any part thereof without prejudice to its' other rights, and Contractor agrees that University may return part or all of any shipment so made and may charge Contractor with any loss or expense sustained as result of such failure to deliver.

    Additionally, any order placed by the University may be canceled for convenience at any time by the University upon (30) thirty-calendar day's written notice without penalty or other early termination charges. In the event that an order is canceled either for cause or for convenience, Contractor shall be entitled to payment for authorized services rendered and materials provided prior to the termination date, and subject to offsets, if any, for claims by University against the Contractor. In no event shall the University be liable for lost profits; incidental, consequential or special damages based upon the exercise of the University's cancellation rights.

    This provision should not be understood as waiving the University's right to terminate the contract or stop work immediately for unsatisfactory work, but is supplementary to that provision. Should the contractor fail to perform as required, the University reserves the right to award the contract to another vendor and as a result should additional costs be incurred the original Contractor will be liable for these additional costs.
  3. In the event any article sold and delivered hereunder shall be covered by any patent, copyright, or application therefore, Contractor will indemnify and save harmless the University from any and all loss, cost, or expense on account of any and all claims, suits, or judgments on account of the use or sale of such article in violation of rights under such patent, copyright, or application.
  4. Contractor guarantees that the design and performance of all items being purchased conform to the requirements of applicable insurance and government health and safety regulations, including regulations administered by Occupational Safety and Health Administration and Environmental Protection Agency.
  5. Contractor agrees not to use the name of the University or to quote the opinion of any University's employees in any advertising without obtaining the prior written consent of the University.
  6. University may at any time insist upon strict compliance with these terms and conditions not withstanding any previous custom, practice, or course of dealing to the contrary.
  7. Contractor agrees to indemnify, defend and hold harmless University, its' trustees, officers, agents and employees, of, from and against any and all claims and demands which may arise in any way out of the furnishing of goods or services hereunder, including, without limitation, claims and negligent or willful act of the University, its' officers, agents or employees.
  8. It is the policy of the University to give favorable consideration to those suppliers who do not discriminate against any employee or applicant for employment because of race, creed, color, or national origin.
  9. Exhibit A (021114): Standard Contract Clauses - State University of New York, Exhibit A - 1 (011413): Affirmative Action Clauses - State University of New York, Exhibit S: Security, Non-Disclosure and Confidentiality and Exhibit Z: HIPAA Business Associate Requirements are hereinafter considered part of this purchase order, as if fully incorporated herein. Contractor signifies acceptance of the terms and conditions set forth in Exhibit A, Exhibit A-1, Exhibit S and Exhibit Z by delivery of the goods and/or services or by acceptance of payment. A copy of Exhibit A, Exhibit A-1, Exhibit S and Exhibit Z may be obtained from the University. 
  10. 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.

    Prior to completing the Vendor Responsibility Questionnaire, a New York State Vendor Identification Number must be obtained by either calling the New York State Office of the State Comptroller at 866-370-4672 or by e-mailing them at [email protected].

    Failure to complete either the Vendor Responsibility Questionnaire (hard copy) or electronic version online at New York State Office of the State Comptroller Online Services webpage and to respond to requests for additional information may disqualify the vendor from evaluation. A positive responsibility finding must be present for a contract to be awarded. A finding of non-responsibility will result in the rejection of a vendor proposal, or the termination of a contract.
  11. State Finance Law 139-j and 139-k, includes and imposes certain restrictions on communications between the University at Albany and an offerer during the procurement process. Other than to designated staff, an offerer is restricted from making contacts from the earliest notice of intent to solicit offers through final award and approval of the Procurement contract by the University at Albany and, if applicable, Office of the State Comptroller ("restricted period"), unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law 139-j (3) (a).

    Designated staff is identified on the first page of solicitations and/or as a signatory of a purchase order. University at Albany faculty and staff are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the offerer pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a 4 year period; the offerer is debarred from obtaining governmental procurement contracts. For further information on procurement lobbying requirements please visit the Advisory Council on Procurement Lobbying of the Office of General Services.
  12. The New York State Tax Law requires that, for transactions meeting certain criteria, each Contractor who wishes to do business with state agencies must certify that it is registered with the Tax Department for the purpose of collection and remittance of sales and use taxes. The New York State Tax Department provides a Question and Answer booklet concerning Tax Law Section 5-a.
  13. It is the policy of the University at Albany, SUNY that utilization of preferred sources occur whenever possible. In accordance with State Finance Law and Corrections Law, the University is required to make purchases of commodities and services from preferred sources. Preferred sources must be considered whenever purchases of commodities or services are required.
  14. It is the policy of the University at Albany, SUNY to take affirmative action to ensure that minority and women owned business enterprises are given the opportunity to demonstrate their ability to provide the University with commodities, services and printing at competitive prices.
  15. Federal Executive Order 13496 requires Contractors to comply with 29 CFR Part 471, Appendix A to subpart A on all purchase orders with a value of $10,000 and which are funded from a federal contract with a value of more than $100,000. This compliance is required on any sub-tier entity meeting the prescribed eligibility/threshold requirements.
  16. New York State Environmental Law - Section 19-0323 requires Contractors to certify and warrant that all heavy duty vehicles, as defined in ECL section 19-0323, to be used by the Contractor, its Agents or Subcontractors under this purchase order, comply with the specifications and provisions of ECL section 19-0323 and any regulations promulgated pursuant thereto.

    Contractor shall with first payment request submit Regulated Entity Vehicle Inventory Form and Regulated Entity and Contractors Annual Report Form to the project contact at the University.

    In addition, annually, but no later than March 1st, Contractor shall complete and submit directly to the University's Office of Environmental Health and Safety via electronic mail ([email protected]), the Regulated Entity Vehicle Inventory Form and Regulated Entity and Contractors Annual Report Form at the DEC website for heavy duty vehicles used in the performance of this purchase order for the preceding calendar year.
  17. If this purchase order is marked as "E-Verify", it is subject to E-Verify regulation (48 C.F.R. 52.222-54). Contractors who are not sole proprietorships must register or designate an agent ("Designated Agent") within 30 calendar days of the earlier of the date that work begins or date of receipt of contract/purchase order to with E-Verify. Contractors who are sole proprietorships, which are defined as businesses having no employees, day laborers, borrowed employees, part-time employees, unpaid volunteers (including family members) or subcontractors, are not subject to E-Verify. All personnel assigned to work on the items on this purchase order are required to be reviewed for their eligibility to work in the United States. Within 31 calendar days of the earlier of the date that work begins or date of receipt of contract/purchase order, the Contractor or its Designated Agent must provide the University with a copy of its E-Verify Maintain Company page and the E-Verify Company ID Number. The failure to provide either your or your Designated Agents Maintain Company page or E-Verify Company ID within 31 calendar days of the earlier of the date that work begins or date of receipt of contract/purchase order will result in a notice of stoppage of work and a suspension of payments. Throughout the term and duration of the contract, the Contractor must follow all rules and regulations relating to E-Verify to ascertain the eligibility of your employees maintain and keep current all requirements necessary for access to the E-Verify system.
  18. The Contractor certifies that it and any of its subcontractors are not on the "Entities Determined To Be Non-Responsive Bidders/Offerers Pursuant to The New York State Iran Divestment Act of 2012" list ("Prohibited Entities List") posted on the OGS website.

    During the term of the Contract, should the University receive information that a person (as defined in State Finance Law §165-a) is in violation of the certification(s), the University will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the University shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the Contractor in default. Additionally, Contractor is advised that should it seek to renew or extend a Contract awarded in response to the solicitation, it must again certify at the time the Contract is renewed or extended. The University reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract.
  19. General Specifications