Making Purchases: How to Buy

---

Recent Changes to NYS Procurement Laws

---

Effective March 17, 2023 new legislation has been signed that restores OSC pre-approval authority on SUNY procurements valued at $75,000 or more. Learn more about these changes below:

• Memorandum to Campus on Procurement Law Changes
• Procurement Threshold Matrix
• Comparison of Procurement Law Changes

Purchasing Guidelines

---

The college’s basic procurement objective is to secure the most appropriate materials, supplies, equipment and services from the most reasonable and responsible sources, consistent with quality requirements and delivery needs as will best promote the interests of the college.

The practice of competitive bidding, whether formal (sealed bids or proposals) or informal (quotations), not only tends to assure reasonable prices, but also guards against favoritism, improvidence and fraud, and should therefore be used to the extent practicable, as provided herein. Purchases may be made directly by a campus or pursuant to any contract for commodities or services let by the Office of General Services or SUNY Systems Administration.

All purchases made using state funds are subject to the New York state finance law and rules and regulations promulgated by the Office of the State Comptroller (“OSC”). They are also subject to procedures developed by SUNY and/or the college.

OSC performs pre- and post-audits on various transactions processed by Regional Procurement Services. OSC has the authority to approve or deny payments and/or contracts.

Who is Authorized to Purchase?

---

Only the Director of Contracts and Purchasing Services is authorized to sign a purchase order or contract to commit a financial obligation on behalf of the college.

Contracts, agreements, licenses and any other contractual document requiring a college representative to sign must be reviewed and signed by the purchasing office. It is in violation of NYS finance laws to procure a service or commodity without acquiring necessary approvals and documents in advance. Individuals doing so without proper authorization may be subject to the imposition of discipline and may be held personally liable for any indebtedness that is ultimately held to be owed to the contractor/vendor.

Competitive Purchases

---

Regional Procurement Services has available a wide variety of primary and open market sources for competitive purchases. Below is a prioritized list of sources for making competitive purchases.

Making a Competitive Purchase

• Preferred Sources

  A preferred source is a designated vendor, who in an effort to advance certain social and economic goals, has received special provider status under New York state statute. The preferred sources are the Department of Correctional Services (Corcraft), Industries for the Disabled, Industries for the Blind and Office of Mental Health. The acquisition of commodities/services has been given exemption from statutory competitive procurement guidelines. It is the obligation of the university to procure goods and services from a designated preferred source provider whenever possible. Regional Procurement Services should be contacted in the early stages of any planned purchases (such as office furnishings) that may be affected by these regulations.  Note: OSC pre-approval is required for purchases valued at $75,000 or more from Preferred Sources.

  Corcraft
  Provides furniture including landscape, modular systems, desks chairs and file cabinets to name a few of the items.

  Industries for the Disabled
  Provides janitorial and housekeeping supplies and services, field marking paint, printed apparel as well as certain office and school supplies.

  National Industries for the Blind (formerly, Industries for the Blind)
  Provides file folders, post-it notes, transparencies, examination gloves and CD-R products to name a few.

  New York State Office of Mental Health
  Provides frames, benches, wastebaskets and plant stands.

• State Contracts

  On behalf of the state, the Office of General Services (OGS) negotiates contracts with vendors that provide discounted pricing to all State agencies. The college is obligated to purchase commodities from OGS State Contracts when they meet our form, function, and Utility requirements. SUNY is encouraged, but not obligated to purchase services from NYS contracts.

  THE OGS WEB SITE CAN BE USED TO DETERMINE IF A COMMODITY OR SERVICE IS AVAILABLE UNDER STATE CONTRACT.

  Contracts are available for a wide variety of commodities and services. Note: OSC pre-approval is required for purchases valued at $200,000 or more from OGS State Contracts.

• University-Wide Contracts

  SUNY Plattsburgh is able to utilize university-wide or multi-campus contracts for a wide variety of commodities and services. The college is obligated to use University-Wide contracts where possible.  Departments wishing to procure goods or services available from University-Wide Contracts from another vendor must obtain an exemption from the Assistant Vice Chancellor for Procurement. Please contact Regional Procurement Services for more information on the exemption process.

  For information on University Wide Contracts.

• Open Market Purchases

  A campus may purchase commodities or services directly from a responsible vendor of its choice after determining that it is NOT available from a Preferred Source, State Contract, or University-Wide Contract.

  For purchases over $2,500 written documentation should be maintained to support both the selection of the vendor and reasonableness of the price. The vendor selection and Price Justification Checklist is required to be submitted with the Jaggaer purchase requisitions for all purchases greater than $2,500 that are not being advertised or going through a formal bid.

  There are many other requirements that apply when making Open Market Purchases. These are summarized in the chart below.

  Learn more about the Vendor Selection and Price Justification Checklist

Threshold for Open Market Sources

---

The total amount of the purchase represents the total financial obligation incurred by the college. In a multi-year contract, the obligation incurred over the entire contract term must be considered, rather than the annual amount alone.

This table has been developed to assist departments with understanding New York State Procurement Requirements. It provides a general overview of requirements when purchasing commodities, services, construction, and constructed-related services from the open market. Different rules govern the purchase from NYS Preferred Sources; New York State Centralized Contracts; as well as emergency, single source, or sole source procurements. Rules for these purchases can be found in the attachment under the table.

Purchase Amount	Advertising	Competitive Selection	Outside Prior Approval	M/WBE Goals
Purchases up to $2,500.00	No publication in New York State Contract Reporter required	No competitive selection required. However, the department should take steps to ensure price is reasonable and be able to justify, if requested.	No outside approval generally required	No M/WBE goals required
$2500.01 to $10,000.00	No publication in New York State Contract Reporter required	No competitive selection required. However, a Vendor Selection and Price Justification Checklist and supporting documentation (e.g. 3 quotes) provided to justify reasonableness of price and selection of vendor.	No outside approval generally required	No M/WBE goals required
$10,000.01 to $49,999.99	Quarterly publication in New York State Contract Reporter required	No competitive selection required. However, a Vendor Selection and Price Justification Checklist and supporting documentation (e.g. 3 quotes) provided to justify reasonableness of price and selection of vendor.	No outside approval generally required	M/WBE goals required for service, commodity, and construction-related service contracts exceeding $25,000.
$50,000.00 to $74,999.99	15-business day notice in New York State Contract Reporter required	Competitive selection required. Must solicit a minimum of three informal quotations from vendors.	No outside approval generally required	M/WBE goals required for service, commodity, and construction-related service contracts.
$75,000 to $125,000.00	15-business day notice in New York State Contract Reporter required	Competitive selection required. Must solicit a minimum of three informal quotations from vendors	Must be pre-approved by the attorney general and Office of State Comptroller	M/WBE goals required for service, commodity, and construction-related service contracts. Construction contracts exceeding $100,000 must also have MWBE goals
$125,000.01 or More	15-business day notice in New York State Contract Reporter required	Competitive selection generally required. Must solicit a minimum of five formal sealed bids or proposals.	Must be pre-approved by the attorney general and Office of State Comptroller	M/WBE goals required

For more detailed information download the Purchasing Threshold Matrix below.

Download the Purchasing Threshold Matrix

Expenditure/Reimbursement Guidelines

---

The following guidelines are intended to assist college personnel with determining if an expenditure is allowable from state funds. State funds include state purpose allocation, DIFR, IFR, and SUTRA funds. These guidelines have been established based upon guidance from the Office of the State Comptroller and SUNY System Administration. To satisfy state audit requirements, departments must be able to provide written justification regarding how the item purchased or service rendered is program or mission related and/or beneficial to the college.

Please address any questions regarding this document or items not addressed in this document to the budget and financial reporting office and/or the purchasing office. For questions regarding the use of SA funds, College Foundation funds, or Research Foundation funds, please contact the custodian of those funds.

Expenditure Guidelines for State Funds

Additional Important Information

---

Learn more about other considerations and requirements concerning your purchase.

• SUNY Procurement Policies & Procedures

  SUNY POLICY #6902 — SYSTEM-WIDE PRINT RESOURCE USE

  SUNY PROCEDURE #6903 — SYSTEM-WIDE PRINT RESOURCE USE, PROCEDURE

  SUNY Procedure #7550 — ACQUISITION AND DISPOSAL OF REAL PROPERTY INTERESTS, PROCEDURES FOR

  SUNY Procedure #7553 — Purchasing & Contracting (Procurement)

  SUNY Procedure #7554 — Construction Contracting

  SUNY Procedure #7555 — Construction-Related Consultant Contracting Procedures

  SUNY POLICY #7556 — PROCUREMENT OPPORTUNITIES FOR NYS Certified Minority- and women-owned businesses

  SUNY Procedure #7557 — Participation by MWBE with Respect to State University of New York Contracts

  SUNY POLICY #7558 — State University Procurement Card Policy and Guidelines

  SUNY POLICY #7559 — ANTI-SWEATSHOP POLICY

  SUNY PROCEDURE #7560 — ANTI-SWEATSHOP PROCEDURE

  SUNY PROCEDURE #7561 — CONTRACT AWARD PROTEST PROCEDURE

  SUNY PROCEDURE #7564 — Participation by Service-Disabled Veteran-Owned Business (SDVOBs) with Respect to State University of New York Contracts