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ESF Contracts and Maintenance Agreements
Only the President, Vice President, Director of Business Affairs, Assistant Director of Business Affairs and Purchasing Manager are authorized to sign contracts and agreements for the college. Please review Flowchart for contracting procedure.
The practice of competitive bidding, whether formal or informal, not only tends to assure reasonable prices, but will guard against favoritism, improvidence, and fraud. Therefore, competitive bidding shall, to the extent practicable, be solicited and purchases shall be at the lowest available price consistent with quality requirements as will best promote the public interest.
On behalf of the State, the Office of General Services (OGS) negotiates contracts with vendors that provide discounted pricing to all State agencies.
The OGS web site is very useful in determining if a commodity or service is available under State Contract. Contracts are available for a wide variety of commodities and services.
For step by step instructions on how to search for contracts on the OGS web site, please click here.
Centralized State Contracts with the Office of General Services (OGS) Small Business; New York State Certified M/WBE's (Minority/Women Owned Business')
IFB = Invitation for Bid
Awarded on the basis of lowest price and responsible Offerer
Written documentation of how the winning bid was selected
RFP = Request for Proposal
Highly complex procurements
Competitive procurements where comparative evaluation of proposals is necessary
Written documentation of evaluation process, criteria and determination of basis of award
Sole Source = only one vendor can provide the commodities or services required
Written documentation must include:
- The unique nature of the requirement including a description of other models, brands, potential offers, etc., that were considered and explanation of their unacceptability
- The basis upon which it was determined that there is only one known vendor able to meet the need
- How the Campus determined the cost to be reasonable (i.e., a "fair market price" that could be anticipated had normal competitive conditions existed, and how that conclusion was reached)
Single Source = two or more vendors can supply the commodity or service required, but the Campus selects one vendor over the other based on a specific rationale.
Written documentation must include:
- The circumstances leading to the selection of the vendor, including alternatives considered.
- The rationale for selecting the specific vendor
- How the Campus determined the cost to be reasonable
Emergency purchases = an unanticipated, sudden and unexpected occurrence beyond the control of the College which threatens (1) the life, health, safety of welfare of any person, or (2) the continued public use or function of property of New York State.
Written explanation of the emergency must be signed by the President or Vice President for Administration.
CONSULTANT DISCLOSURE LEGISLATION
Chapter 10 of the Laws of 2006 amends the New York State Finance Law sections 8, 22 and 163 as well as Civil Service Law section 97 by requiring State contractors to report certain employment information to state agencies. As a result of these changes in law, State Contractors are required to disclose, by employment category, the number of persons employed to provide services under the contract, the number of hours worked and the amount paid to the contractor by the State as compensation for work performed by these employees. This includes information on any person working under any subcontracts with a State contractor.
Chapter 10 of the Laws of 2006 expands the definition of contracts for consulting services to include any contract entered into by a State agency for analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal, or similar services.
Chapter 10 also mandates that a vendor must report on the employment information as detailed above each year the contract is in effect. FORM B "Contractor's Annual Employment Report" must be used for the annual reporting requirement and is due by May 15th of each calendar year. FORM B must be submitted each year the contract is in effect and will capture historical information detailing actual employment data for the most recently concluded State fiscal year (April 1 - March 31)
Completing the Forms
Consultant Forms A and B (Word Forms and instructions) should be completed for contracts for consulting services in accordance with the following:
Scope of Contract: a general classification of the single category that best fits the predominate nature of the services provided under the contract.
Employment Category: the specific occupation(s), as listed in the O*NET occupational classification system, which best describe the employees providing services under the contract.(Note: To find a list of occupations access the O*NET database which is available through the Department of Labor on-line at online.onetcenter.org.)
Number of Employees: the total number of employees in the employment category employed to provide services under the contract during the Report Period, including part time employees and employees of subcontractors.
Number of hours (to be) worked: for Form A, the total number of hours to be worked, and for Form B, the total number of hours worked during the Report Period by the employees in the employment category.
Amount Payable under the Contract: the total amount payable or paid by the State to the State contractor under the contract, for work by the employees in the employment category, for services provided during the Report Period.
FORM A MUST BE COMPLETED AND RETURNED TO THE UNIVERSITY WITH YOUR BID PACKAGE. FORM B MUST BE COMPLETED AND SUBMITTED TO:
|NYS Office of the State Comptroller
Bureau of Contracts
110 State Street, 11th Floor
Albany, New York 12236
Attn: Consultant Reporting
By fax: (518) 474-8030 or
|NYS Department of Civil Service
Alfred E. Smith Office Building
Albany, New York 12239
Syracuse, New York 13210