Campus Let ContractsConstruction Authority and ThresholdsFebruary 1, 2012

Construction Authorityas it applies to State Operated Campuses

Construction Authority and Funding

•What gives the authority to construct? • New York State Education Law (§355 and §376)

establishes the authority for design, construction and rehabilitation of SUNY facilities

•Who has that authority?• Campus Administered (Campus Let and Campus

Funded)• State University Construction Fund (Fund)• Dormitory Authority of the State of New York

(DASNY)• Office of General Services (OGS)• New York Power Authority (NYPA)

Unless authorized by specific legislation affiliated organizations (Foundations, ASC, Associations, ect.)are not authorized to hold

construction contracts for projects University property.

Construction Authority and Funding•Campus Let Contracts

• Campus managed construction projects funded by the Fund appropriations

• Capital Appropriation• Capital Appropriation via transfer to the 384

account• Emergency Capital Appropriation

•Campus Funded Contracts• Campus managed construction projects funded by

SUNY appropriations • Campus Funds (operating budget, income fund

reimbursable)• Other funds (Foundation, Research Foundation,

Auxiliary Service Corporation, Alumni Association, Grants)

Construction Authority and Funding

•State University Construction Fund (the Fund)• Capital Appropriation• Capital Appropriation via transfer to the 384

account• Emergency Capital Appropriation

•Dormitory Authority of the State of New York (DASNY)• Dormitory Income Fund Reimbursable• Dormitory Res Hall Revenue Bonds• Income Fund Reimbursable

Campus and other funds can be transferred to the Fund through the 384 appropriation account

Construction Authority and Funding

•Office of General Services (OGS)• Capital Appropriation• Capital Appropriation via transfer to the 384

account• Emergency Capital Appropriation• Campus Funds (operating budget, income fund

reimbursable)• Other funds (Foundation, Research Foundation,

Auxiliary Service Corporation, Alumni Association, Grants)

Construction Authority and Funding

•New York Power Authority (NYPA)• Capital Appropriation• Campus Funds (operating budget, income fund

reimbursable)• Other funds (Foundation, Research Foundation,

Auxiliary Service Corporation, Alumni Association, Grants)

Construction Authority and Funding

•Projects managed by SUNY affiliated organizations

• Alumni Association, Foundation, Research Foundation, Auxiliary Service Corporation, Special or Student Housing Foundation, ect.

• Other funds (Foundation, Research Foundation, Auxiliary Service Corporation, Alumni Association, Grants)

Contact your University Counsel if you’re interested in pursuing a project using this

method

Procurement Requirements and Thresholds for State Operated

Campuses

Procurement Requirements

DOB 1184

Competitive Bid Process

NYSCR Advertisement

Newspaper Advertisement

Vendor Responsibility

Procurement Lobbying

Certificate of Insurance

Campus Procurement Certification

Prevailing Wage Rates

Performance Bonds

Wick’s LawConsultant Reporting

SUNY Procedures

Directives & Bulletins

Legislation

Rules & Regs

Procurement Requirements

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10ACampus Procurement CertificationConsultant Reporting - OSC Form A

Newspaper AdvertisementMWBE Subcontractor GoalsVendor Responsibility Procurement LobbyingCertificate of Insurance

Consultant Contracts (Construction Related)Category

Most Qualified SelectionDOB 1184 (capital appropriations only)

NYSCR Advertisement

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Construction ContractsCategory

Competitive Bid Process

Bonds: Performance, Labor & Material

Campus Procurement Certification

MWBE Subcontractor Goals

Prevailing Wage Rates

Vendor Responsibility Procurement LobbyingCertificate of Insurance

DOB 1184 (capital appropriations only)

NYSCR AdvertisementNewspaper Advertisement

Wick's - Multiple Contracts Required

Competitive Bid (Construction)•Awards made by public letting to the lowest qualified bidder•Applicability: >$20,000

•NYS Education Law §376•Procedure Item #7554

Most Qualified Selection (Consultant)•Contracts are negotiated with the most qualified consultant•Applicability: >$25,000

•NYS Finance Law §136-A•Procedure Item #7555

View procedures on our website

B-1184•Division of Budget approval of contracts through the Agency Spending Controls Application (ASCA)•Applicability: capital projects >$20,000•DOB eBudget applications•Division of Budget Bulletin 1184

New York State Contract Reporter•Advertisement in the New York State Contract Reporter (NYSCR) at least 15 business days before the bid due date. •Individual ad for contracts in excess of $20,000•Quarterly ad for anticipated contracts >$10,000 but <$20,000•NYSCR Website•NYS Economic Development Law (§142)

Newspaper Advertisement (Construction)

•Campus Let contracts require a one day ad in an Albany paper and in a local paper of general circulation•Campus Funded contracts require an ad in a local paper of general circulation•Applicability: >$50,000

•NYS Education Law (§376) and Public Building Law (§8) •Contact a reasonable number of local contractors

• minimum of 5, if feasible

Albany Paper = Times Union

Minority and Women Owned Businesses•Applicability: >$100,000•Notify regional business associations

• Entrepreneurial Assistance Centers• New York State Small Business Development Center• Minority Business Development Centers

•Place ads in minority publications; Minority Commerce Weekly•Solicit from MWBE firms•Establish MWBE goals within the solicitation •Include MWBE goals in pre-bid meeting•Require MWBE/EEO Policy Statement, Work Plan and Contract Breakdown from contractors•Coordinate with contractors and provide assistance in identifying MWBE’s where possible

•NYS Executive Law Article 15A•SUNY Procedure #7557

Vendor Responsibility

•For all contracts vendors and contractors must be deemed responsible

•Contracts >$100,000 require• Contractor disclosure of all information relevant to

a responsibility determination• Completion of the Vendor Responsibility

Questionnaire• Agency certification of Vendor Responsibility• VendRep

• NYS State Finance Law §163 • OSC Procurement and Disbursement Guidelines G-2

21

Procurement Lobbying•Requires restrictions on contacts during the procurement process and vendor affirmation, certification and disclosure of compliance •Applicability: >$15,000

•NYS State Finance Law § 139-j•SUNY Procedure #7552

Certificate of Insurance•Required for ALL contracts and purchase orders •At a minimum, insurance limits must equivalent to the limits in the construction and consultant agreements

Campus Procurement Certification •SUNY procedures require a Campus Procurement Certification for all contracts (not purchase orders) •>$250,000 – signed by a Campus Vice President and uploaded to the “SUNY Procurement Officers” space in Confluence

Consultant Reporting•Annual reporting of all consultant contracts and purchase orders

• OSC Form A• OSC Form B

•NYS State Finance Law § 8 and § 163•OSC Procurement and Disbursement Guidelines G-226

Prevailing Wage Rates (Construction)

•Applicability: All contracts and purchase orders•Provide a copy to the prime contractor and incorporate it into the contract•Primes provides schedules to subcontractors•Prime provides copies of certified payroll to SUNY

•Request a wage schedule from the Department of Labor website

•NYS Labor Law, Article 8 & 9

Bonds (Construction)•Applicability: >$50,000•Performance Bonds

• May be waived when only one (1) payment is made to the contractor upon successful completion of the work

•Labor & Material Bonds cannot be waived•Multiple contracts for project - the entire project value must be fully bonded

•NYS State Finance Law § 139-f

Learn More. A Guidance Document on construction bonds is coming

soon.

Wicks Law (Construction)•Requires separate specifications and bids for;

• General Contracting• Plumbing: plumbing and gas fitting• Mechanical: steam heating, hot water heating,

ventilating and air conditioning apparatus• Electrical: electric wiring and standard illuminating

fixtures •Applicability by county

>$3M in Bronx, Kings, NY, Queens, and Richmond>$1.5M in Nassau, Suffolk, and Westchester>$0.5M in all other counties within the state

•NYS State Finance Law § 135

Wick’s Law (Construction)Campus Let Contracts

• Campuses may apply for a Wick’s Waiver with the Fund

Campus Funded Contracts• Not eligible for a Wick’s Waiver

Campus Let vs. Campus Funded

Campus Let

• Fund Appropriation• Fund project approval

and coding required• Eligible for Wick’s

Waiver• Advertisement in

Albany paper and a paper of general circulation

Campus Funded

• SUNY Appropriation • Subject to Wick’s• Advertisement in a

paper of general circulation