New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter A - Regulations of the Board of Trustees › Part 316 - State University Of New York Rules And Regulations For Purchasing And Contracting › Section 316.2 - Objectives and standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is
				  the policy of the State University of New York to take affirmative action to
				  ensure that minority- and women-owned business enterprises (M/WBEs) are given
				  the opportunity to demonstrate their ability to provide the university with
				  commodities and services at competitive prices.
(b) It is the declared policy of the State
				  University that utilization of preferred sources occur whenever possible. In
				  accordance with the provisions of the State Finance Law, section
				  162 and section
				  184 of the State Corrections Law, the
				  university is required to make purchases of commodities and services from
				  preferred sources such as the correctional industries program of the New York
				  State Department of Corrections, approved charitable non-profit agencies for
				  the blind, any employment program serving mentally ill persons which is
				  operated by the New York State Office of Mental Health, any qualified
				  charitable non-profit-making agency for severely disabled persons approved by
				  the New York State Commissioner of Education, or veterans workshops operated by
				  the United States Department of Veterans Affairs and approved by the New York
				  State Commissioner of Education. Preferred sources must be considered whenever
				  purchases of commodities or services are required. Form, function and utility
				  requirements may be considered. Where a preferred source is to be used for the
				  provision of commodities or services, no competitive selection process or
				  publication in the New York State Contract Reporter is required. In the event a
				  specific preferred source is to be rejected, that source must be given prior
				  written notice with an explanation and an opportunity to respond.
(c) State University's basic procurement
				  objective is to secure the most appropriate materials, supplies, equipment,
				  services, and construction at the lowest available price, consistent with
				  quality requirements and delivery needs as will best promote the interests of
				  State University. Competitive bidding, whether formal (sealed bids or
				  proposals) or informal (quotations) should be used to the extent practicable.
				  All bids may be rejected at the discretion of the university. Purchases may be
				  made directly by a campus or pursuant to any contract let by the Office of
				  General Services, a consortium or any other State or Federal agency.
(d) Standard State contract clauses (Exhibit
				  A) are generally attached to all State University contracts and purchase
				  orders. In the alternative, purchase orders may contain a statement that the
				  provisions of Exhibit A are incorporated by reference. These clauses include
				  provisions mandated by State law, and also provide notice to vendors that they
				  must comply with the requirements of the MacBride Fair Employment Principles
				  and the provisions of the Omnibus Procurement Act. In addition, detailed
				  affirmative action provisions (Exhibit A-1) should be attached to every
				  contract, subcontract or purchase order exceeding $25,000, construction
				  contract exceeding $100,000, or construction subcontract exceeding
				  $25,000.
(e) The State University
				  may generally not purchase tropical hardwoods or products, as defined in the
				  State Finance Law, section
				  165(1), in any form for any
				  purpose. Any bid or response which calls for the use of any tropical hardwood
				  or wood product in its performance shall be considered
				  non-responsive.
(f) The State
				  University is required to purchase recycled, remanufactured or recyclable
				  commodities when such commodities meet form, function and utility requirements,
				  taking into consideration the cost of the commodity over its life cycle. The
				  State University shall also have the authority to determine that for reasons of
				  public health or safety, a recycled, remanufactured or recyclable commodity
				  should not be purchased. Such determinations shall be documented in the
				  procurement record. If the cost of a recycled commodity (but not recyclable or
				  remanufactured commodity unless also recycled) does not exceed the cost of a
				  commodity made without recycled content by 10 percent (or by 15 percent if over
				  50 percent of the recycled materials are generated from the New York State
				  waste stream), the recycled commodity must be purchased. For purposes of this
				  subdivision:
(1) a recycled commodity is a
				  commodity that has been manufactured from secondary materials as defined in the
				  Economic Development Law and that meets the secondary material content
				  requirements of the Office of General Services;
(2) a remanufactured commodity is a commodity
				  that has been restored to its original performance standards and function and
				  is thereby diverted from the solid waste stream, retaining, to the extent
				  practicable, components that have been through at least one life cycle and
				  replacing consumable or normal wear components; and
(3) a recyclable commodity is a commodity
				  that can be collected, separated, or otherwise recovered from the solid waste
				  stream for reuse, remanufacture or assembly of another commodity, through a
				  widely available and easily accessible program.