Effective January 1, 2006, The New York State Finance Law was amended to regulate efforts to influence the procurement process. All State facilities must abide by strict procedural requirements relating to the award of any contract/purchase order for goods or services in excess of $15,000.00.
All "contact" relating to potential awards in excess of $15,000.00 including telephone, electronic, mail or in-person between vendors or their representatives and the awarding State entity is now regulated. Only designated Agency personnel may have contact with the vendors or their representatives or lobbyist. In the case of Stony Brook University, the only designated contact person/s are Procurement Office Staff. It is strictly prohibited for anyone else to have contact with the vendors during the procurement "restricted period."
The restricted period starts when the end-user's department submits their State requisition to the Procurement Office and ends when an award (Purchase Order/Contract) is officially forwarded to the vendor. During this restricted period, all inquiries must be referred to the designated Procurement Office contact.
The New York State Finance Laws permit us to purchase available goods and services from certain "preferred sources" (NYS Department of Corrections Services, Industries for the Blind, Industries for the Disabled, Office of Mental Health and Veterans Industries) up to any dollar amount without competition.
In addition to departmental authorized signatures, the following approvals must be obtained prior to the submission of a purchase request to the Procurement Office:
- Door Locks approved by: Locksmith and Building Manager
- Radioactive, Biological Select Agents and Toxins (BSAT), approved by: Environmental Health & Safety, 2-6410
- Live Animals approved by: Director of DLAR
- Electronic Security Equipment approved by: Public Safety
- Space Heaters/Air Conditioners/Electric Fans approved by: Campus Operation and Maintenance
- Rehab or Repairs to Buildings and Facilities and Site Work Done by Outside Contractors approved by: Director of Campus Planning, Design and Construction
- Communication equipment (modems, walkie-talkies etc) approved by: Police Department, Lawrence Zacarese 2-6540
- Security Systems approved by: Don Coleman, Access Control Department
- All vehicle purchases must be reviewed and approved by: Neil Werner, Director of Transportation & Parking Operations, Zip 2001.
Requests covering the procurement of security systems and related items/services now require the approval of Campus Operation and Maintenance, and Access Control, prior to purchase and include all items related to the installation and operation of security systems. The definition of security related items includes the following:
- CCTV Systems (or parts or service thereof)
- Card Access door hardware, wire, card readers, cards (prox, Mg stripe or smart cards), access software, etc.
- Intrusion alarm systems components and replacement parts.
- Any request for electrified door access systems (even if they are for individual doors and not part of the campus-wide system).
- Requests for biometric ID systems used for security control.
- Interior security systems that track people or property.
- Computer alarm systems such as fiber optic system controlling several computers.
- This procedure takes effect immediately and will affect State and Research Procurement transactions.
If you have surplus, obsolete, unused equipment, consider trading it in against a future purchase. Many vendors will accept trade-in equipment and offer value for them. Contact Purchasing if you are interested.
Shipments are usually inspected by Central Receiving. If you opt to use the Optional Inspection Program, write "DO NOT INSPECT" on your requisition and the purchase order number will be identified with "D" suffix. Receiving will deliver these orders within 24 hours. Inspection is then the department's responsibility. Defective merchandise claims must be filed within 15 days of receipt of goods by Central Receiving.
Sole Single Source Purchase
Where competition would otherwise be required, but is not feasible due to the sole source, single source or emergency nature of a commodity or service, the campus must be able to justify and document the selection of the vendor and establish the reasonableness of the price. In accordance with the State Finance Law, exceptions to the general requirement for competitive selection shall only be made under unusual circumstances. The campus must maintain in its Procurement Record written justification supporting the sole source, single source or emergency determination. An example of substantiating single source procurement (limited number of suppliers) might be written documentation detailing prior substantial experience of the contractor in provision of the products or services customized to the SUNY environment or a certain service that only one contractor provides in addition to the service or technology being procured. An example of substantiating sole source procurement (only one supplier) would be written documentation detailing the unique nature of the requirement, how it was determined only one vendor could meet the need, and how it was determined the cost is reasonable. One method available to document the sole source status is to advertise in the Contract Reporter and only receive one response.
Current State Commodity and Service Contracts (P-Contracts)
The Office of General Services (Albany) awards Statewide term contracts for many commodities at reasonable prices. Departments should take advantage of these whenever possible. For most items, an unlimited dollar amount can be purchased without the need for further competition. State contracts are available to view on the Internet at http://www.ogs.state.ny.us/purchase/SearchBrowse.asp
Executive Order #134
Executive Order #134 directs all state agencies to procure and use cleaning products having properties that minimize potential impacts to human health and the environment consistent with the maintenance of the effectiveness of these products for the protection of public health and safety. The Procurement Office is working to identify "green" cleaning products for use on campus. At this time, there are several products that are available from OGS Contracts, please visit: www.ogs.state.ny.us/purchase. For information about green cleaning products available from the New York State Industries for the Disabled (NYSID), please visit: http://www.nysid.org. For information about green cleaning products available from the Industries for the Blind of New York State, Inc. (IBNYS) please visit: http://www.ibnys.org. For information about green cleaning products available from the Division of Industries (Corcraft) please visit: http://www.corcraft.org.
Public Officers Law
NYS State Employees doing Business with the State of New York
The New York State Public Officers Law prohibits companies/corporations, whose owner is a New York State employee with ten percent or more of stock in that company/corporation, from selling goods or providing services to the State of New York valued over twenty-five dollars.
Public Officer Law Section 4.(a) states, No statewide elected official, state officer or employee, member of the legislature, legislative employee or political party chairman or firm or association of which such person is a member, or corporation, ten percentum or more of the stock of which is owned or controlled directly or indirectly by such person, shall (i) sell any goods or services having a value in excess of twenty-five dollars to any state agency, or (ii) contract for or provide such goods or services with or to any private entity where the power to contract, appoint or re tain on behalf of such private entity is exercised, -directly or indirectly, by a state agency or officer thereof, unless such goods or services are provided pursuant to an award or contract let after public notice and competitive bidding.
This paragraph shall not apply to the publication of resolutions, advertisements or other legal propositions or notices in newspapers designated pursuant to law for such purpose and for which the rates are fixed pursuant to law.