Purchasing Procedures By Dollar Amount Thresholds:
State Purpose, IFR and Dormitory Funds
- No competition (i.e., quotes, bidding) need be shown for state contract items (pdf, 225KB) or items purchased from New York State Preferred Sources. New York State Finance Law §169 allows form, function and utility requirements to be considered for preferred source procurements. If a preferred source is to be rejected, that source must be given prior written notice with an explanation and an opportunity to respond.
- Multiple purchases of similar non-contract items made by one office or unit within twelve consecutive months beginning on the date of the first purchase are considered a single purchase in determining total dollar amount and appropriate purchasing procedure (Office of the New York State Comptroller Web Guide- 20KB, docx).
- Membership and Subscriptions should not exceed one year. All materials and benefits received from the membership or subscription are the property of Binghamton University and should be made available to all employees. (Office of the New York State Comptroller Web Guide- docx, 12KB).
- "A state employee who directs a vendor to start providing goods or services without an approved contract may be personally liable for any indebtedness that is ultimately held to be owed to the contractor" (Office of the New York State Comptroller Web Guide- docx, 12KB).
- When state funds and non-state funds are combined to make one purchase, state procedures apply to the total procurement amount. Even if only one dollar of the purchase is state funded, the state procedure applies.
- When a procurement spans multiple years (e.g., software licenses, maintenance agreements, etc.), state procedures apply to the total procurement amount over the entire term. For example, a three year maintenance contract at $20,000 per year requires advertising since the total procurement is $60,000.
- When vendors submit contracts to campus personnel for procurements such contracts, including terms and conditions, must be reviewed by University Counsel prior to signature.
- When vendors submit contracts to campus personnel for procurements exceeding $2,500 such contracts (and amendments) must be signed by one or more of the following authorized University signatories: Vice President of Administration, Assistant Vice President for Administrative Affairs, University Counsel, Director of Purchasing, and Purchase Associates.
- A vendor providing services on campus may be asked to provide a Certificate of Insurance naming State University of New York, SUNY Binghamton and State of New York as additional insureds. For liability limits contact Purchasing.
Requester may choose vendor without obtaining quotes from competition.
Requester may use the New York State Procurement card for most non-travel expenditures.
$2,500.01 To $50,000
Award is based upon reasonableness of price or comparative quotations. Written documentation of reasonableness of price or written quotations are required with requisition submission. Send requisition quotes, with the printed approved requisition or the approved requisition number written on the quotes, to Purchasing. If there is no competition available, send a sole source justification or reasonableness justification with requisition or requisition number written on it to Purchasing. Note: $20,000 and up construction and construction related contracts must advertise in the New York State Contract Reporter.
- Reasonableness of Price can be determined by (but not limited to):
- Comparing the quoted price with the price for the same or similar item or services within the last six months
- Comparing the quoted price with prices in various wholesale/retail publications
- Reviewing the commodity and/or service that was previously accepted by the University at a similar price
- Comparing the price as offered with the current market value of the same product.
$50,000.01 To $250,000*
Formal Bid required. Must advertise in New York State Contract Reporter. Allow 6-7 weeks to process.
$50,000.01 To $200,000 Certified Minority Women Owned Business Enterprise (MWBE)
Must be advertised in the NYS Contract Reporter as a notification of the opportunity with competition limited to NYS Small Businesses and businesses certified pursuant to Article 15-A of the New York State Executive Law.
$250,000.01 + **
Formal Bid Required with Approval by Office of the State Comptroller required. Must advertise in New York State Contract Reporter. Allow 10-13 weeks turnaround.
* Transactions exceeding $100,000 require vendor's certification of responsibility (Office of the New York State Comptroller Web Guide- docx, 16KB).
* *Certain exceptions, such as bids that have been protested, require OSC approval at over $125,000.
Minority/Women's Business Enterprise Goal Development Process
Effective immediately, according to a policy mandated by New York State and SUNY, any purchase over $25,000 must go through a special process to determine whether or not Certified Minority and/or Women owned Businesses Enterprises (CMWBE's) can participate in the procurement or fully supply the goods or services. We are required to attain a CMWBE utilization goal of purchasing 21% of all of our goods and services from CMWBE's. Due to the nature of this new process, please plan your purchases accordingly as anything over the $25,000 threshold will have a longer turnaround time due to additional SUNY and Empire State Development (ESD) approvals. Please note that this process does not apply to any item you are purchasing off of NYS contract. Therefore, please contact the Purchasing Dept. if you have questions regarding NYS contracts or CMWBE's.
If goals must be assigned to the project and/or commodity and/or service, the Purchasing Office will do so. The opportunity to bid on the project will be presented with the goals that the contractor must put in a "good faith effort" to meet.
Utilization Plan: After the bids are received and a responsible bidder is determined, the bidder/contractor is required to submit an MWBE utilization plan with their bid which would then be forwarded to the Purchasing Office. Approval may take up to thirty (30) days or longer if the utilization program as submitted is considered inadequate. After approval a purchase order can be issued or contract signed. If the utilization plan is unapproved and no resolution can be agreed upon, we move to the next qualified vendor/contractor to restart this portion of the process.
BID PROTEST PROCEDURE
A protesting party may submit a protest to Binghamton University Purchasing Director concerning a pending or awarded contract within 10 business days after the protesting party knows or should have known of the facts which form the basis of the protest. Click Here For Bid Protest Procedure.