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Procurement 101: Guidelines and Resources for NYS Purchasing

This course provides an overview of the procurement process in New York State, including discretionary purchasing, procurement requirements, and guidelines. It also covers the agency purchasing flowchart and methods of bidding.

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Procurement 101: Guidelines and Resources for NYS Purchasing

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  1. Presenter’s Contact Information Larry Klein Procurement Services group Office of General Services larry.klein@ogs.state.ny.us (518) 474-1350 OGS Website www.ogs.state.ny.us

  2. Agenda • Welcome and Introductions • Course Overview – Purchasing 101 • Session Time • Ask Questions

  3. Resources • Glossary of Terms • Governing NYS Laws, Rules, Regulations • and Other References and Resources • Discretionary and Prior Approval • Thresholds • Procurement Requirements • Procurement Guidelines • Appendix A • Agency Purchasing Flowchart

  4. The Procurement Process • Determining your need • Discretionary Purchasing Levels • NYS Certified M/WBE • IFB or RFP

  5. The Agency Purchasing Flowchart • Choices and decisions at each step • Remember the Procurement Record

  6. Process a Request for a Needed Commodity or Service • Determine • Form, function, and utility determination • Availability from preferred source • offerings/Purchase from preferred source • Check list of OGS Centralized Contracts/ • Purchase from OGS Centralized Contract • Discretionary Purchase

  7. Discretionary Purchases • Not subject to State’s formal competitive bidding • requirements • $50,000for State agencies ($85,000 for OGS) • $50,000 to $100,000 if purchased from NYS small • business, M/WBE or recycled/remanufactured • products • Guidelines on website at: • http://www.ogs.state.ny.us/procurecounc/pdfdoc/DiscretionaryPurchasingGuidelines.pdf

  8. Discretionary Purchases • Under $50,000 ($85,000 - OGS): • Procurement record must support • selection of vendor and reasonableness of • price • Must advertise in Contract Reporter • $15,000+ for State Agencies* • ($30,000+ for OGS) • *see OSC handout

  9. Formal Competition • Choosing a Method of Bidding • IFB or RFP? • Be sure you know what your agency really • needs • Write a specification that gets to what is • needed but is not unduly restrictive

  10. IFB Essentials • Responsive and responsible offerors • Contract Reporter insertion • Fully defined method of award • Be prepared for tie bids and other • glitches

  11. If a “Low Bid” Award is Not Feasible • Use the RFP Process • Define the project • Explain general parameters that will • determine “best value”

  12. Whether IFB or RFP Level Playing Field

  13. What is the Contract Reporter? • Online listing of bid opportunities worth • $15,000+ for State Agencies ($30,000+ for OGS) • Maintains a level playing field; • Official source of New York State • government bid solicitations; and • Procurement resource for the business • community.

  14. What Am I Responsible For? • NYS agencies, public authorities, and public benefit corporations are required to publish: • Bid solicitations of $15,000+ for State Agencies ($30,000+ for OGS); • Quarterly anticipated procurements of $5,000 - $15,000 (Agencies) and $10,000 - $20,000 (SUNY/CUNY); • Instructions of how to be placed on bid lists (with quarterly report); and a minimum of 15 business days must elapse between publication notice and date bid or proposal is due. • http://www.osc.state.ny.us/agencies/gbull/g-107b.htm • Knowing and following applicable statute: Economic Development law Article 4-C.

  15. Contact Information Visit www.nyscr.org

  16. How Do I Submit a Bid Solicitation Online? • Contact your agency administrator to • establish a user profile for you. • Go to www.nyscr.org. • View the tutorials, user guide, FAQs. • Become familiar with the site and • submit a “test ad” (just delete it after • successful submission).

  17. What if I Have an Exemption? • Guidelines may be found at the NYS • Contract Reporter website: • Article 4-C • OSC Bulletin No. G-107B • Procurement Opportunities Newsletter • OSC approves/denies exemption • Bid info must still appear in the Contract • Reporter (w/o proposal due date).

  18. How to Do a Search in the MWBE Directory • Website Address: • www.empire.state.ny.us

  19. Prevailing Wage Rates What are they? Prevailing Wage Rates are the wages and supplements to be paid and/or provided to laborers, workers and mechanics employed on a public work project.

  20. Prevailing Wage Rates When should they be used? Prevailing Wage Rates must be used on any public work project. Generally, projects for construction, reconstruction or maintenance done on behalf of a public agency (entity) are public work.

  21. Where to Find Prevailing Wage Rate Information The annual determination is available on the Department of Labor website: www.labor.state.ny.us

  22. Questions and Answers ?

  23. Presenter’s Contact Information Larry Klein Procurement Services Group Office of General Services larry.klein@ogs.state.ny.us (518) 474-1350 OGS Website www.ogs.state.ny.us

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