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The materials below consist of regulations of the State University of New York Board of Trustees. However, it is not the Official Compilation of the Codes, Rules, and Regulations of the State of New York. Readers are advised to refer to the Official Compilation ( 8 NYCRR Part et seq )in case of questions.

PART 316

STATE UNIVERSITY OF NEW YORK RULES AND REGULATIONS FOR PURCHASING AND CONTRACTING

Sec.

316.1

Application

316.2

Objectives and standards

316.3

Authority to execute contracts

316.4

Contracting and purchasing materials, supplies, equipment, services and construction

§ 316.1 Application.

(a) These rules and regulations are promulgated pursuant to authority vested in the State University of New York Board of Trustees in section 355 of the Education Law, as amended by chapters 552-555 of the Laws of 1985, and shall apply to all purchases and contracts made by the State-operated campuses and System Administration of State University. These procedures apply to consultant contracts but not to employment contracts.

(b) The chancellor or designee is authorized to establish such guidelines and procedures, consistent herewith, as may be necessary for the proper administration of State University purchasing and contracting.

(c) The conflict of interest and code of ethics provisions of sections 73 and 74 of the Public Officers Law shall apply to all purchasing activities of the State University under these rules and regulations. Campuses are therefore required to inquire as to the status of entities with which they intend to contract or lease. If an officer or employee of the State University owns or controls over 10 percent of an entity with which the State University desires to do business, a formal public competitive selection process must be used before a valid agreement may be entered into with such individual or organization, in order to comply with provisions of POL 73.

§ 316.2 Objectives and standards.

(a) It is the policy of the State University of New York to take affirmative action to ensure that minority- and women-owned business enterprises (M/WBEs) are given the opportunity to demonstrate their ability to provide the university with commodities and services at competitive prices.

(b) It is the declared policy of the State University that utilization of preferred sources occur whenever possible. In accordance with the provisions of the State Finance Law, section 162 and section 184 of the State Corrections Law, the university is required to make purchases of commodities and services from preferred sources such as the correctional industries program of the New York State Department of Corrections, approved charitable non-profit agencies for the blind, any employment program serving mentally ill persons which is operated by the New York State Office of Mental Health, any qualified charitable non-profit-making agency for severely disabled persons approved by the New York State Commissioner of Education, or veterans workshops operated by the United States Department of Veterans Affairs and approved by the New York State Commissioner of Education. 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 New York State Contract Reporter is required. In the event a specific preferred source is to be rejected, that source must be given prior written notice with an explanation and an opportunity to respond.

(c) State University's basic procurement objective is to secure the most appropriate materials, supplies, equipment, services, and construction at the lowest available price, consistent with quality requirements and delivery needs as will best promote the interests of State University. Competitive bidding, whether formal (sealed bids or proposals) or informal (quotations) should be used to the extent practicable. All bids may be rejected at the discretion of the university. Purchases may be made directly by a campus or pursuant to any contract let by the Office of General Services, a consortium or any other State or Federal agency.

(d) Standard State contract clauses (Exhibit A) are generally attached to all State University contracts and purchase orders. In the alternative, purchase orders may contain a statement that the provisions of Exhibit A are incorporated by reference. These clauses include provisions mandated by State law, and also provide notice to vendors that they must comply with the requirements of the MacBride Fair Employment Principles and the provisions of the Omnibus Procurement Act. In addition, detailed affirmative action provisions (Exhibit A-1) should be attached to every contract, subcontract or purchase order exceeding $25,000, construction contract exceeding $100,000, or construction subcontract exceeding $25,000.

(e) The State University may generally not purchase tropical hardwoods or products, as defined in the State Finance Law, section 165(1), in any form for any purpose. Any bid or response which calls for the use of any tropical hardwood or wood product in its performance shall be considered non- responsive.

(f) The State University is required to purchase recycled, remanufactured or recyclable commodities when such commodities meet form, function and utility requirements, taking into consideration the cost of the commodity over its life cycle. The State University shall also have the authority to determine that for reasons of public health or safety, a recycled, remanufactured or recyclable commodity should not be purchased. Such determinations shall be documented in the procurement record. If the cost of a recycled commodity (but not recyclable or remanufactured commodity unless also recycled) does not exceed the cost of a commodity made without recycled content by 10 percent (or by 15 percent if over 50 percent of the recycled materials are generated from the New York State waste stream), the recycled commodity must be purchased. For purposes of this subdivision:

(g) When letting contracts for the purchase of food products, the State University may require products that are grown, produced, harvested or processed in New York State.

(h) MacBride Fair Employment Principles. State University purchases must comply with the requirements of section 165(5) of the State Finance Law. The section establishes the MacBride Fair Employment Principles as standards for employment in Northern Ireland. Every prospective university vendor will be required to stipulate that either it has no business operations in Northern Ireland, or it will conduct its business in Northern Ireland in accordance with the MacBride Principles relating to non-discrimination in employment and freedom of workplace opportunity and shall permit independent monitoring of its compliance with such principles. Refusal to stipulate to one of the above will result in further review of the vendor's proposal, as follows:

(j) Section 165(6) requires the Commissioner of the Empire State Development agency to maintain a list of states which discriminate against New York vendors. State agencies are prohibited from soliciting proposals from, or entering into contracts with, businesses from such states. Such prohibition is subject to waiver, in writing, by a campus president, if in the best interest of the State.

§ 316.3 Authority to execute contracts.

The State University Board of Trustees has authorized the chancellor, and the chancellor's designees on the State University system administration staff, as well as chief administrative officers at State-operated campuses and their duly appointed designees, to execute specific types of contracts, revocable permits and agreements for and in the chancellor's name, place and stead, in accordance with guidelines to be issued by the chancellor.

§ 316.4 Contracting and purchasing materials, supplies, equipment, services and construction.

(a) New York State Contract Reporter.

(b) Competitive selection process.

(c) Competitive bid or proposal considerations.

(d) Notification. Campuses are encouraged to notify all offerors as to whether they are successful or unsuccessful. Upon request, it is recommended that an unsuccessful offeror should be provided a debriefing as to why it was unsuccessful.

(e) External agency contract and purchase order approvals.