When choosing vendors for state-funded purchases it is important to also promote New York State Purchasing initiatives. To do this, selection should follow the hierarchy below. For example, a vendor from the Open Market would be selected after considering State Preferred Sources, State Commodity Contracts and Certified Minority and Women-Owned Business Enterprise options.
1. State Preferred Sources: New York State Finance Law allows purchase of goods and services from preferred sources without competition and also allows that form, function and utility requirements may be considered. If a preferred source is to be rejected, that source must be given prior written notice with an explanation and an opportunity to respond. For a list of these preferred sources and their offerings, click here to download the PDF file.
2. State Commodity Contracts: The Office of General Services in Albany (OGS) awards statewide contracts for many commodities and services. For most items, an unlimited dollar amount can be purchased on a commodity contract without competition. The OGS website has contract information and search capability.
3. New York State Certified Minority and Women-Owned Business Enterprises (MWBE): SUNY, in tandem with the New York State Department of Economic Development, seeks to promote procurement from certified state minority and women owned business enterprises.
Purchasing has the discretionary authority to award a procurement up to $200,000 for MWBE as identified by the New York State Department of Economic Development in SUNY Procedure Numbers 7556 and 7557. As stated in Item 7553 (and consistent with NYS State Finance Law Section 163), where commodities or services are available from New York State certified M/WBEs, purchases may be made by the University in amounts not exceeding $200,000 without competitive bidding. However, the discretionary threshold to $200,000 for procurements from small, minority- and women-owned business does NOT apply to construction & construction-related services. The campuses are required to document in the procurement record support for both the reasonableness of the price and the selection of the vendor. Advertising requirements under NYS Economic Development Law still apply.
Purchasing retains the right to change/substitute a vendor/contractor on any and all departmental requisitions whereby a MWBE is found capable of supplying such commodities and/or services based upon identified form, function and utility at a predetermined reasonable price.
Binghamton University encourages minority participation in the procurement process and will implement a remedial outreach program to help ensure certified minority/women participation in the purchase of commodities and services. The intent is to adopt rules, and do all things necessary and convenient, to guide Binghamton University’s departments toward making procurements and expenditures for commodities, contractual services, construction and construction related services with certified minority/woman business enterprises in accordance with the SUNY MWBE goals. The University seeks to: increase certified minority/woman business participation by encouraging the use of current, new and diversified MWBE's into our marketplace; further develop procedures to be used by the University in identifying commodities, contractual services and other related services that could be provided by the certified minority/woman business community; and adopt a tracking process by which minority business enterprises are not rejected as unqualified without sound rational reasons based upon a thorough investigative process.
4. Open Market: Purchases may be from vendors that are not preferred source or on state contract, but are subject to state competitiveness requirements shown in Purchasing Procedures. One source for potential suppliers is the Thomas Register.
Open Market - Commercial, Institutional, Residential and Office Furniture Not On State Contract: All textiles shall meet the flammability requirements of National Fire Protection Association (NFPA) 260 update when tested in accordance with the methods of that standard. All upholstered products offered should also meet the requirements of California Technical Bulletin 117 Section A Part I and Section D Part III when tested in accordance with that method. Certified Laboratory Test Results or Certificate of Compliance with Flammability Requirements on ALL upholstering fabrics and foam shall be submitted to Purchasing with the Requisition/Purchase Order.
State Employees: Public Officers Law requires public notice (Contract Reporter) and a sealed competitive bid process for award of any transaction exceeding $25.00 when a state employee may be the vendor. This process should take about five weeks. State employees wishing to sell to the campus should complete Form A-1and return it to M. Loveria Felmet, Purchasing Department.
Vendors Requiring Bid Process For Purchases Exceeding $25.00
The following individuals, corporations, organizations, firms, and/or associations responded to the Inquiry To Determine Compliance With the Provisions of Public Officers Law Section 73(4) that they own or control more than 10% of the stock of the following corporations and also have members that are officers or employees of New York State. Procurements exceeding $25.00 may only be transacted after a sealed, competitive bid process if the vendors are:
Last Updated: 7/18/13