Campus Let Contracts
Construction Authority
and Thresholds
February 1, 2012
Construction Authority
as 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
Rules &
Regs
Legislation
Directives
& Bulletins
SUNY Procedures
Procurement Requirements
Consultant Contracts
(Construction Related)
Category
1
2
3
4
5
6
7
8
9
10A
Most Qualified Selection
DOB 1184 (capital appropriations only)
NYSCR Advertisement
Newspaper Advertisement
MWBE Subcontractor Goals
Vendor Responsibility
Procurement Lobbying
Certificate of Insurance
Campus Procurement Certification
Consultant Reporting - OSC Form A
Construction Contracts
Category
1 Competitive Bid Process
2 DOB 1184 (capital appropriations only)
3 NYSCR Advertisement
4 Newspaper Advertisement
5 MWBE Subcontractor Goals
6 Vendor Responsibility
7 Procurement Lobbying
8 Certificate of Insurance
9 Campus Procurement Certification
10 Prevailing Wage Rates
11 Bonds: Performance, Labor & Material
12 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-221
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