SUNY Threshold Chart
SUNY Advertising and General Purchasing Limits1
The office of University counsel, in order to provide the campuses with appropriate legal advice on contracts entered into on behalf of the University, is responsible for review of all contracts prior to execution. Review by the office of University counsel shall be performed by personnel assigned to the office of University counsel unless otherwise provided in writing by the University counsel. Should you have questions, please contact your campus counsel.
Suggested language (approved by OSC) to use for advertisements in the NYS Contract Reporter for:
"SUNY intends to make an award under our discretionary authority, pursuant to NYS Education Law §355(5)(a), for the above noted commodity/product or service. A sealed bid will not be held. If you are interested in providing a proposal for the above commodity/product or service, you must contact the appropriately designated Campus contact in this advertisement within 15 business days of this Advertisement Notice."
"SUNY intends to make an award under our discretionary authority, pursuant to State Finance Law §163.6 and NYS Education Law §355(5)(a), for the above noted commodity/product or service. A sealed bid will not be held. This procurement opportunity is limited to New York State small businesses, businesses certified pursuant to Article 15-A of the New York State Executive Law and, if applicable, businesses selling commodities or technology that are recycled or remanufactured."
1 This abbreviated purchasing outline does not include all NYS and/or SUNY requirements. If procurement is valued at $15,000 or above, Vendor Responsibility forms, Procurement Lobbying Law forms, Tax & Finance Form ST220CA, and/or Consulting Services Reporting forms may also apply. Additionally, the purchasing thresholds do not apply to construction projects, see SUNY procedures 7554 and 7555 for that information.
2 Commodities include, but are not limited to, materials, equipment (including computer equipment), supplies and motor vehicles. Additionally "electronic information resources," which includes but is not limited to: electronic academic, professional and industry journals; electronic reference handbooks and manuals; and electronic research tracking tools, indexes and abstracts.
3 Services means, except with respect to contracts for state printing, the performance of a task or tasks and may include a material good or a quantity of material goods, and which is the subject of any purchase or other exchange. For this definition services shall not apply to those contracts for architectural, engineering or surveying services, or those contracts approved in accordance with prompt contracting and interest payments for not-for-profit orgaizations.
4 Effective October 13, 2010, the discretionary purchase threshold for procurements made from a NYS small business, a NYS certified minority- or women-owned (M or WBE) business or for recycled or remanufactured commodities or technology was increased to $200,000. Additionally, if purchases are made from the aforementioned vendors or for the aforementioned commodities or technology, SUNY does not need to solicit 3 quotes; however, reasonableness of price documentation is still required. NYS Economic Development Law §131 defines a small business as "one which is resident in this state, independently owned and operated, not dominant in its field and employs one hundred or less persons." An MBE or WBE is one certified pursuant to Article 15-A of NYS Executive Law.
5 AG & OSC approval is also required on purchases of non construction-related services above $125,000 if a bid protest has been received prior to the time the contract or purchase order is fully executed; the apparent low bid or best value is not selected; or the award is not made in accordance with the provisions of the IFB or RFP.
6 Printing limited to 2 year contract.
7 Foreign business enterprise is a business enterprise, including a sole proprietorship, partnership or corporation, which offers for sale, lease or other form of exchange, goods sought by the state agency or department and which are substantially produced outside New York state, or services sought by the state agency or department and which are substantially performed outside New York state.