Table of Contents
Facility Management / Safety
January 18, 2017
Other Related Information
This procedure, along with other publications referenced throughout, is intended
to assist campuses in the execution of contracts/purchase orders for construction
services. The purpose of this document is to identify and clarify differences from
the general procurement procedures found in “Purchasing and Contracting”
procedure (Procedure Item #7553). Funding for projects under this Procedure
can come from monies either appropriated to SUNY or monies appropriated to the Construction
Campus Let - Campus managed construction projects funded by capital appropriated
to the Fund
Campus Funded - Campus managed construction projects funded by SUNY appropriations
or other funds including those from the Foundation, Research Foundation, Auxiliary
Service Corporation, Alumni Association, Income Fund Reimbursable (IFR) accounts or
Consultant - the Architect, Engineer, Landscape Architect, Surveyor or other designated
entity named by the University to design and/or inspect and/or generally administer
DOB - Division of Budget
Fund - State University Construction Fund
MWBE Minority or Woman Owned Business Enterprises
SDVOB ¿ Service Disabled Veteran Owned Business Enterprises
NYSCR - New York State Contract Reporter
OSC - Office of the State Comptroller
PLA Project Labor Agreement - A pre-hire collective bargaining agreement between
a contractor and a bona fide building and construction trade labor organization establishing
the labor organization as the collective bargaining representative for all persons
who will perform work on a public work project, and which provides that only contractors
and subcontractors who sign a pre-negotiated agreement with the labor organization
can perform project work.
This procedure addresses projects in two categories:
Contracts up to $20,000 (discretionary procurements) and
Contracts exceeding $20,000 (formal procurements, i.e. sealed bids).
All construction contracts must specify the term, contract amount and clearly
identify the scope of work. Contracts exceeding $20,000 are must be awarded to the
lowest responsible bidder through public letting, commonly referred to as a sealed
Health and Safety Requirements
Construction/ alteration projects must bear the seal of a licensed professional
and be designed by a registered Architect, Professional Engineer or Registered Landscape
Architect. All design work must be under the direct supervision of Architect, Professional
Engineer or Registered Landscape Architect
This requirement applies to projects that affect public or structural safety,
regardless of the dollar amount. It does not however apply to (1) farm buildings,
including barns, sheds, poultry houses and other buildings used directly and solely
for agricultural purposes; (2) residence buildings of gross area of fifteen hundred
square feet or less, not including garages, carports, porches, cellars or uninhabitable
basements or attics; or (3) alterations which do not affect the structural safety
or public safety costing ten thousand dollars or less for any building within the
city of New York and twenty thousand dollars or less for any building or structure
outside the city of New York. However, regardless of legal requirement, all contract
documents should generally bear the seal of a licensed professional.
Design work can be accomplished by a licensed professional on campus staff or
through a consultant services agreement.
All construction/renovation work shall comply with the New York State Uniform
Fire Prevention and Building Code.
Failure by responsible campus officials to fully carry out all necessary project
reviews for Code compliance might expose personnel to personal liability.
Minority and Women Owned Business Enterprise (MWBE) Utilization:
It is the University's policy to take affirmative action to ensure that
New York State certified minority and women owned business enterprises are given the
opportunity to participate in University construction contracts at competitive prices.
NYS Executive Law article 15A requires MWBE goals be incorporated on all construction
projects with an estimated value of $100,000 or more.
To ensure compliance with NYS Executive Law Article 15A, refer to requirements
outlined in SUNY Procedure
7557 (Participation by Minority Group Members and Women (MWBEs) with Respect to
State University of New York Contracts).
Service Disabled Veteran Owned Business Enterprise (SDVOB) Utilization
Consistent with the State University of New York (SUNY)’s commitment to,
and in accordance with, Article 17-B of the New York State Executive Law, contractors
are required to ensure that good faith efforts are made to include meaningful participation
by Service Disabled Veteran-Owned Businesses.
Requirements for compliance to NYS Executive Law Article 17-B are outlined in the
procedure “Participation by Service-Disabled Veteran-Owned Business (SDVOBs)
with Respect to State University of New York Contracts” Procedure Item #7564).
Construction Contracts Not Exceeding $20,000
No formal bid solicitation is required for contracts that do not exceed $20,000.
Campuses may use Form 7554-01
to solicit sealed bids at their discretion.
Required Documentation (to be on file at the Campus)
Reasonableness of price must be established. Methods to establish reasonableness
of price include not limited to: an itemized campus estimate; comparing the quoted
price with the price for the same or similar services within the last six months;
comparing the price with other quoted prices; comparing the quoted price with prices
in various procurement publications; comparing the quoted price with cost to other
Prevailing Wage Rate Schedule
Obtain a Schedule of Prevailing Wage Rates from the New York State Department
of Labor. To do so, submit a Request for Wage and Supplement Information either online
at the NYS Dept. of Labor Web Site or by mail or fax to the Bureau of Public Works
Central Office in Albany, NY. Incorporate the wage schedule or a link to it online,
into the purchase order or contract.
Procurement Lobbying, the following forms are required: (applies >$15,000
in annualized expenditure)
Summary: Policy and Procedure of the State University of New York Relating
to State Finance Law §§139j and 139k (Form
A, Procedure 7552)
Affirmation with respect to State Finance Law §§139j and 139k (Form B, Procedure 7552)
Disclosure and Certification with respect to State Finance Law §§139j
and 139k (Form C, Procedure
State University of New York Procurement Lobbying Law Record of Contact (Form D, Procedure 7552)
Entity Representation Concerning Compliance with State Finance Law §§139j
Certificates of Insurance, the following forms are required:
ACORD 25 Certificate of Liability Insurance Form and the SUNY Certificate
of Insurance Requirements (Form
7554-12) in the amounts and types required in the specifications and in accordance
with Section 5.06 and 5.07 of the Construction
Certificate of Workers Compensation Insurances (as provided by insurance carrier
or licensed NYS insurance agent)
Certificate of Disability Benefits Insurance (as provided by insurance carrier
or licensed NYS insurance agent)
Purchase Order or Signed Contract with Acknowledgement
Scope of Work, requirements and schedule
If processed as a contract, the Campus Procurement Certification (Procedure
7553, Form XV)
Construction Contracts Exceeding $20,000
Pre Solicitation and Solicitation
Required Agency and Contractor Documentation (to be on file at Campus)
See Construction Procurement Checklist (Form
Construction Procurement Process
Pre Solicitation and Solicitation
For Campus Let Contracts, document the Project Justification and obtain Division
of Budget Approval (B1184) through the DOB’s online application system, the
Agency Spending Controls Application.
Assemble the Project Manual, including technical specifications and drawings,
Include the amount of deposit to be required for plans and specifications
in the bid documents.
Determine if a site visit/walk through will be made available and whether
it will be mandatory or optional. Include this information in the bid documents.
Obtain a Schedule of Prevailing Wage Rates from the New York State Department
of Labor. To do so, submit a Request for Wage and Supplement Information (Form PW39)
either online at the NYS Dept. of Labor Web Site or by mail or fax to the Bureau of
Public Works Central Office in Albany, NY. Incorporate the wage schedule or a link
to it online, into the Division 2 General Requirements document (Form 755408).
Insert Minority and Women Owned Business Enterprise (MWBE) goals into the
Information for Bidders document (Form
7554-06) in accordance with SUNY
Procedure 7557: “Participation by Minority Group Members and Women (MWBEs)
with Respect to State University of New York Contracts”. (applies >$100,000)
Include Services Disabled Veteran Owned Business goals in accordance with
SUNY Procedure 7564 “Participation by Service-Disabled Veteran-Owned Business
(SDVOBs) with Respect to State University of New York Contracts” (applies
Advertise, if the contract is estimated to be greater than $50,000
Place an advertisement in the New York State Contract Reporter (NYSCR).
See Section V for detailed requirements.
For Campus Let contracts, advertise in an Albany, New York, newspaper and
in a local newspaper of general circulation.
For Campus Funded contracts advertise in a local newspaper of general circulation
Contact a reasonable number of local contractors (a minimum of 5. Describe
the project to be bid and invite the contractors to submit a bid proposal on the work.
It is recommended that campuses list the project with at least one Local Builder's
Exchange or Plan House.
Issuance of an Addenda
A written Addendum must be issued by the campus if the campus determines
the bid documents to be vague, incorrect, incomplete or inconsistent with its procurement
objectives, or if the campus determines that information must be added or changed.
The Addendum must be forwarded to all contractors who obtained copies of the Bidding
Documents from the campus, and to all locations where documents were sent for review
by prospective bidders. If sufficient bid time does not remain to incorporate each
Addendum into the bid, the Addendum should also extend the bid time to allow for the
same. Sequentially number and date each Addendum issued. Campuses must receive written
acknowledgment from each contractor of receipt of each addendum.
Questions that do not require an addendum to the bidding documents are to
be documented in a Question and Answer (Q&A) document. This Q&A document must
be forwarded to all contractors who obtained copies of the Bidding Documents from
the campus, and to all locations where documents were sent for review by prospective
On the designated day, time and place, all bids received up until that time
shall be publicly opened and read aloud in the presence of a campus staff witness.
When opening the bids the contractor's name, bid amount, and form of Bid Security
(certified check or a bid bond using Form
7554-10), or lack thereof, shall be read aloud. Bids cannot be withdrawn after
the designated day and time of the deadline for submission of bids.
Any bid received at the specified location after the time specified will be
considered a late Bid. A late Bid shall not be considered for award unless: (i) no
timely Bids meeting the requirements of the Bid Documents are received or, (ii) in
the case of a multiple award, an insufficient number of timely Bids were received
to satisfy the multiple awards; and acceptance of the late Bid is in the best interests
of the Campus. Delays in United States mail deliveries or any other means of transmittal,
including couriers or agents of SUNY or the Campus, shall not excuse late Bid submissions.
Similar types of delays, including but not limited to, bad weather, or security procedures
for parking and building admittance, shall not excuse late Bid submissions. Determinations
relative to Bid timeliness shall be at the sole discretion of the Campus President
or his/her designee.
Proposals that contain minor irregularities, such as those submitted without
a proper Bid Security, or in the wrong form, or executed improperly, shall be considered
informal. Informal proposals may be considered in selecting a low bidder where the
public interest will be promoted thereby. Consultation with University Counsel is
strongly recommended prior to accepting any informal bid.
Summarize the bids received on the Bid Tabulation (Form
Publish the bid results in the NYSCR.
Review the bids to determine if the bids are responsive. Forward a letter
of intent (Form 7554-14)
to the lowest responsive bidder which lists all documentation required from the contractor
prior to contract award.
Have the contractor obtain a Labor & Material Bond and Performance Bond
(unless the Performance Bond is waived, reference Section V, Part d Labor and Materials
Bonds may not be waived). Bonds are required to be acknowledged by a notary and to
be accompanied by a Financial Statement for the Surety and Power of Attorney.
Obtain proof of insurance on Form
7554-12. The insurance shall be in the amounts and types required in the specification,
naming the State of New York, the State University of New York, as additional insured,
with the campus designated as the Certificate Holder. The Insurance Policy expiration
dates must be current and cover the period within which the work will take place.
Obtain all other required documentation defined within the Construction
Procurement Checklist (Form
7554-00) including Procurement Lobbying Forms, Omnibus Procurement Act Forms,
MWBE and SDVOB Forms, and Vendor Responsibility Questionnaire (see Form
7554-06, Section 8 for details on how to complete the questionnaire).
Review the completed Vendor Responsibility Questionnaire (if completed online
use OSC’s Vend Rep System)
to ensure the contractor is responsible. For more information on Vendor Responsibility
please see the OSC
Guide to Financial Operations.
Authorization to Proceed: Contract work shall not begin until all necessary
signatures are obtained. Authorizing the start of work before all signatures are obtained
is beyond the scope of a State employee’s authority, and the employee may be
held personally liable.
Have three copies of the Agreement (Form
7554-09) signed by the contractor, with Notary Acknowledgement. Ensure that Exhibit
A, Exhibit A1, and the scope of work are incorporated into the contract. The campus
will retain two copies of the agreement (one at the Business Office and one at the
Facilities Office) and send one copy to the contractor.
Return the Bid Securities to all bidders as outlined in Section 6 (IB3) of
the Information to Bidders
in the Project Manual. Notify each bidder, in writing, of the bid results.
Retain or return the deposits on plans and specifications in accordance with
State Finance Law Article 9 §143.
Return the full deposit to the successful bidder.
For unsuccessful bidders:
The campus retains all deposits less than $50
For deposits greater than $50, return the deposit for one set of plans
to the bidder within 30 days.
If for any reason, the apparent low bidder cannot obtain the required bonds
or insurance, or informs you in writing that its bid was in error, or that it is unable
to meet the obligations of the contract, such bid may be rejected and the contract
awarded to the next lowest bidder. This situation must be documented and maintained
in the procurement record. Consultation with University Counsel is recommended under
Tie Bids: If a tie bid should occur, assemble the affected contractors.
Using the method defined in the Information for Bidders (Form
75540-6, Section 5) determine the successful bidder.
Fewer than three bids: When fewer than three bids are received on for a
contract exceeding $250,000 the campus must demonstrate that all reasonable steps
were taken to ensure that the opportunity for competitive bidding was maintained and
reasonableness of price was established. When fewer than three bids are received the
following steps must occur and be documented in the procurement record.
Conduct an independent review of the Invitation for Bid and determine
if it contained any restrictive, unclear, and/or ambiguous content which may have
Determine if sufficient time was provided to enable proper preparation
and submission of bids.
Determine if any other reason may have inhibited responses, including
contacting contractors who did not submit bids to determine their reasons for not
If any of the above conditions exist, or if there is any other irregularity,
the solicitation shall be re-advertised and the process repeated.
If none of the above conditions exist, the project may be awarded subject
to the Campus President, or designees, approval.
Campus Funded contracts are subject to the Wicks Law, which requires preparation
of four (4) separate specifications (plumbing, electrical, mechanical and all else).
Each of the specifications is to be competitively bid and awarded lowest responsible
bidder. The threshold for Wicks Law compliance is determined by a campus' geographical
location as follows .
$3 million for campuses in counties of the Bronx, Kings, New York, Queens,
and Richmond (HSC @ Brooklyn, Maritime and Optometry)
$1.5 million for campuses in the counties of Nassau, Suffolk and Westchester
(Farmingdale, Old Westbury, Purchase and Stony Brook)
$500,000 for all other counties within the state (all other state-operated
Campus funded projects for values under the applicable thresholds noted above
are subject to the Wicks Law requirements stated below.
The prime bidder must submit with its bid a separate sealed list that names
each subcontractor that the bidder will use to perform work on the contract, and the
agreed upon amount to be paid to each for the different trades.
The list of subcontractors and the amount they will each be paid should be
included with the Procurement Record. All non-selected bidders’ sealed envelopes
are to be returned to the bidders.
Campuses may seek an exemption from the requirements of Wicks Law for Campus
Let contracts. The campus is required to obtain a letter from the Fund verifying this
exemption and maintain it in the Procurement Record.
Campuses may also waive Wicks law compliance if enters into a Project Labor
Agreement (PLA). The intention to use a PLA must be specified in campus solicitation
document (RFP, IFB etc.) and cost and other criteria must be satisfied.
A campus use of a PLA must be done in consultation and with prior review and
approval by its Campus Counsel
New York State Contract Reporter Advertisement Requirements
Up to $10,000, no publication required
$10,000 to $49,999, a quarterly publication of a list of projected procurements
by commodity and or serves is required. This must include an explanation of how to
apply for placement on bidder’s lists and the procedure for providing advance
notice by mail to those on the campus bidders list.
$50,000 and above, an individual notice for each proposed procurement must be
published at least 15 business days in advance of the date on which a bid or proposal
is due, unless a shorter period is specifically authorized by law. The New York State
Contract Reporter accepts only online submissions through its web site.
If the contract is estimated to be under the advertisement requirement and the
low bid is over that threshold all bids must be rejected and the project re-advertised.
A waiver of competitive solicitation and prior publication in the Contract
Reporter is allowed provided adequate documentation is provided to support the declaration
that advertisement in the NYSCR is not feasible and reasonableness of prices is established.
The declaration shall be signed by the campus President, or President’s designee
and sent to OSC for approval. Consultation with University Counsel is strongly recommended
in this situation.
For more details on exemptions to NYSCR advertising requirements see SUNY
Procedure “Purchasing and Contracting (Procurement) (Document
For those projects which were granted an exemption from the pre-award publication
requirements the campus must provide OSC with proof confirming that the Department
of Economic Development has been requested to publish the notice of the exemption
in the New York State Contract Reporter. The notice must state the reason for the
exemption and be placed as soon as practical.
Waiver of Performance Bond:
Bonds for Performance and Labor and Materials are required for contracts greater
If the campus deems it appropriate, a Performance Bond may be waived on a project
when there is to be only one (1) payment made to the contractor. If the Performance
Bond is waived, payment shall occur only after successful completion of the work and
acceptance by the campus.
If a Performance Bond is waived, retainage may be increased to 20%. All potential
bidders must be notified prior to submission of bids if the Performance Bond is waived
and if the retainage is increased.
UNDER NO CONDITION SHALL A LABOR AND MATERIAL BOND BE WAIVED.
If during the course of the project unforeseen conditions arise which alter
the Agreement or the Scope of Services a formal amendment to the contract shall be
executed. Amendments are intended to cover changes to the existing scope of services
which are within the intent of the original project. For changes increasing the contract
value, the following shall be included in the procurement record.
Applicable campus approvals
DOB B1184 approval (if applicable)
Vendor Responsibility (if applicable, see OSC website for applicability requirements)
Change description / scope
Signed amendment with acknowledgment (Form
If a change is outside the intent of the original project a separate procurement
shall be executed.
Changes Process: If a consultant was hired to prepare contract documents and
oversee construction, all change orders shall be executed with the help and participation
of the consultant.
Submit for applicable campus approval a written description of the proposed
change, the reason for the change, and its impact on the project budget and basic
If applicable, obtain Division of Budget B1184 approval.
Describe in writing to the contractor, on a Request for Cost Change Proposal
the addition to, or deletion from the work of the project. As noted on the form, attach
any pertinent backup material needed to adequately specify and quantify the proposed
change (i.e., drawings and/or additional specifications).
Review the contractor’s response and assess for reasonableness of price.
Negotiate a reasonable price with the contractor.
Obtain approval from the campus President or President’s designee.
Sequentially number each Contract Amendment
Upon receipt of the proper approvals, initiate a change order using Form
7554-17. Have the contractor, the consultant, and a senior campus officer sign
three (3) copies of the Change Order. The campus will retain two copies of the change
order (one at the Business Office and one at the Facilities Office) and send one copy
to the contractor.
Payments to the Contractor
Payments to the contractor shall be made in accordance with Article IV of the
Construction Agreement. The following documentation must be reviewed and approved
by the campus prior to authorizing payment.
Data supporting the application for payment, where applicable.
MWBE Compliance Report (Form 75571-11)
SDVOB Compliance Report (Form 7564-111)
Contractors Certification (Form
7554-13 or OSC Forms AC 2947, AC 2948 & AC 2958) from the prime contractor,
all subcontractors, and all subsubcontractors. (Applies to first payment only)
Proof of OSHA 10 hour Training Courses (Applies to contracts over $250k;
provide 1 copy for each employee with the application for first payment. If additional
employees are added proof must be provided with the next application for payment)
A Release (Form
7554-18), from the prime contractor. (Applies to final payment only)
A Tax clearance letter, if the prime contractor is out-of-state. (Applies
to first and final payments only)
Tax clearance is required for the first and last payments made to out-of-state
prime contractors. To obtain the clearance, phone the Department of Taxation and Finance
Contract Offset Unit, with the contractor’s Federal I.D. number and the contract
number. A response will be faxed directly to the campus.
When an emergency exists a waiver of the selection process may be granted. An
emergency declaration is to be signed by the campus President, or President’s
designee. Exemption from advertisement must be approved by OSC. In situations where
it is not feasible to advertise in the NYSCR, an exemption may be requested from OSC
in accordance with the NYSCR exemption process set forth in this procedure. Reasonableness
of price must be demonstrated and a formal agreement or amendment must be executed
before work may begin.
An emergency exemption relieves the campus of the solicitation and selection
requirements set forth in this procedure. All other applicable requirements, documentation,
and approvals set forth in this procedure apply.
A Construction Emergency is defined as “damage to, or a malfunction
in buildings or property of the State of New York caused by an unanticipated, sudden
and unexpected occurrence which involves a pressing necessity for immediate repair,
reconstruction or maintenance in order to permit the safe continuation of a necessary
public use or function, or to protect the property of the State of New York, or the
life, health or safety of any person.”
An “Emergency” as it applies to these Procedures shall comply
with the above definition in that the circumstances requiring professional assistance
shall be “unanticipated, sudden and unexpected” and the situation threatens
“the safe continuation of a necessary public use or function, or action is necessary
to protect the property of the State of New York, or the life, health or safety of
Overview of Initiation/Approval Process for Emergencies:
Identify the emergency. Document the time, date, place, location and what
occurred. If applicable, indicate whether the emergency was caused by an insured/noninsured
outside entity. Indicate why it conforms to the above emergency definition and why
alternative actions are not viable in this situation.
Have the campus President, or President’s designee, approve and sign
the written emergency declaration. If the estimated contract value is in excess of
$50,000 fax a copy of the signed emergency declaration to OSC to request an exemption
from advertisement in the NYSCR. The text of the declaration must formally request
If feasible contact at least three contractors. Document for the procurement
record the process used to select the contractor.
Reasonableness of price must be established by obtaining a minimum of three
(3) verbal or written quotes. In soliciting verbal quotes, the potential contractors
must be informed of the contractual obligations required of them if their proposal
is accepted. If the scope of the emergency work can be reasonably quantified, a lump
sum quote should be requested. If the scope of the emergency work cannot be reasonably
quantified, a cost plus fixed fee quote should be requested.
Authorize the contractor to proceed with the work. Verbal authorization must
be followed by written authorization.
Projects over $100,000 must be capitalized in accordance with SUNY's capitalization
Form and Instructions
7004 Capitalization Policy and Depreciation Policy for Capital Assets
7554-00 - Construction Procurement Checklist (word)
7554-00 - Construction Procurement Checklist (pdf)
7554-01 - Request for Proposal, less than $20K
7554-02 - Pre Bid Cost Estimate
7554-03 - Notice to Bidders and Newspaper Advertisement
7554-04 - Bid Tabulation
7554-05 - Project Manual Cover and Table of Contents
7554-06 - Information for Bidders
7554-07 - Contractor Proposal
7554-08 - Division 1 General Requirements
7554-09 - Construction Agreement
7554-10 - Bid Bond & Acknowledgment
7554-11 - Labor & Materials and Performance Bonds w/Acknowledgment
7554-12 - Certificate of Insurance Instructions and Checklist
7554-13 - Contractor, Subcontractor, and Sub-subcontractor's Certification (AC2947)
7554-14 - Letter of Intent
7554-15 - Contractor's Application and Certification for Payment
7554-16 - Request for Cost Proposal (Change Order)
7554-17 - Contract Change Order
7554-18 - Contractor Release
State Finance Law §§139-j and 139-k from SUNY
Procedure Item #7552 “Procurement Lobbying Procedure for State University
of New York” (applies >$15,000)
Form A -
Summary: Policy and Procedure of the State University of New York Relating to State
Finance Law §§139-j and 139-k
Form B -
Affirmation with respect to State Finance Law §§139-j and 139-k
Form C -
Disclosure and Certification with respect to State Finance Law §§139-j and
Form D -
State University of New York Procurement Lobbying Law Record of Contact
Entity Representation Concerning Compliance with State Finance Law §§139-j
Procurement Forms from SUNY Procedure
Item #7553 “Purchasing and Contracting (Procurement)
Form I Omnibus
Procurement Act of 1992 (applies >$1,000,000)
Form II Omnibus Procurement Act of 1992,
Out of state firms (applies >$1,000,000)
Form XIII Public
Officers Law Compliance
Form XV -
Campus Procurement Certification
Exhibit A -
Standard Contract Clauses
- Affirmative Action Clauses
Affirmative Action and Minority & Women Owned Business Enterprises from
Item #7557 “Participation by Minority Group Members and Women (MWBEs)
with Respect to State University of New York Contract (applies >$100,000)
and Service Disabled Veteran-owned Business Enterprise from SUNY Procedure Item #7564
“Participation by Service-Disabled Veteran-Owned Business (SDVOBs) with
Respect to State University of New York Contract (applies >$100,000)
Form 7557-107 -
M/WBE Utilization Plan
Form 7557-104 -
MWBE-EEO Policy Statement
– SDVOB Utilization Plan
OSC’s Vendrep - Online
System or Link
to paper forms (form applies > $100,000)
7553 - Purchasing and Contracting (Procurement)
7555 - Construction-Related Consultant Contracting Procedures
7557 - Participation by Minority Group Members and Women (MWBEs) with Respect to State University
of New York Contracts
7561 - Contract Award Protest Procedure
7563 - Minor Critical Maintenance Procedure
7564 - Participation by Service-Disabled Veteran-Owned Business (SDVOBs) with Respect to
State University of New York Contracts
Other Related Information
7552 - Procurement
Lobbying Procedure for State University of New York
The following link to New
York State Laws is provided for users' convenience. Any questions regarding
applicability of the law should be directed to University Counsel.
NYS Public Officers Law
Article 4 - (§§60 - 79) Powers and Duties of Public Officers
§73(4) (Business or professional activities)
§74 (Code of ethics)
NYS Education Law
Article 8 – (§§350 - 365) State University and State Financial Assistance
for Higher Education
§355 (Powers and duties of trustees.)
§376 (Letting of construction contracts)
Article 147 – Architecture
§7307 (Architecture – Special Provisions)
NYS State Finance Law
Article 9 - (§§135 - 146) Contracts
§139i (Obligations with respect to procurement contracts with New York state
and foreign business enterprises)
§139j (Restrictions on contacts during the procurement process)
§139k (Disclosure of contacts and responsibility of offerers)
Article 8 (§§125 - 128) Fiscal Supervision of Certain Institutions
Article 11 (§§160 - 168) State Purchasing
NYS Executive Law
Article 15-A - (§§310-318)
Participation by Minority Group Members and Women with Respect to State Contracts
NYS Labor Law
NYS Tax Law
January 2017 – updates to incorporate the Service Disabled Veteran Business
Enterprises Procedure 7564
November 2015 – updates adopt the ACORD 25 form as the required certificate
of insurance form.
April 16, 2015 - Comprehensive updates to Procedure 7554 were issued. Updates included
updates for legislative changes, clarification of documentation requirements and updated
Procedure 7554 was issued April 20, 2007. Procedures were based on and updated from
legacy Office for Capital Facilities Procedure 530.8.
There are no appendicies relevant to this procedure.