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Campus Let Contracts Regional Training Session

Campus Let Contracts Regional Training Session . Insert Date . for State Operated Campuses. Objective Increase knowledge and understanding of: Procurement Requirements Consultant Selection Financial Management of Capital Funds. Office for Capital Facilities OCF Newsletter OCF Website

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Campus Let Contracts Regional Training Session

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  1. Campus Let Contracts Regional Training Session Insert Date for State Operated Campuses SUNY Office for Capital Facilities

  2. Objective • Increase knowledge and understanding of: • Procurement Requirements • Consultant Selection • Financial Management of Capital Funds SUNY Office for Capital Facilities

  3. Office for Capital Facilities • OCF Newsletter • OCF Website • Guidance Documents • Listservs Visit our Website • Campus Let Contracts Program • Community College Capital Program • Environmental Health and Safety • Energy Management and Planning • Residence Hall Capital Program • Environment Health and Safety • Office for Sustainability SUNY Office for Capital Facilities

  4. SUNY Office for Capital Facilities

  5. Procurement Requirements and Thresholds for State Operated Campuses SUNY Office for Capital Facilities

  6. Construction Authority and Funding • New York State Education Law (§355 and §376) establishes the authority for design, construction and rehabilitation of SUNY facilities on SUNY property • Who has that authority? SUNY Office for Capital Facilities

  7. Construction Authority and Funding • Who does NOT have the authority to procure design and construction work? • Research Foundation • Campus Foundation • Auxiliary Service Corporation • 3rd party occupants (Barnes & Noble, Starbucks, Sodexo, Marriott) • Campus-affiliated corporations Learn more, see Guidance Document CLC-3 SUNY Office for Capital Facilities

  8. Procurement Requirements SUNY Office for Capital Facilities

  9. Procurement Requirements See Handout #1 Polices and Procedures • 7553 – Purchasing • 7552 – Procurement Lobbying • 7554 – Consultants • 7555 – Construction • 7556 and 7557 – MWBE SUNY Office for Capital Facilities

  10. Campus Let Design Project SUNY Office for Capital Facilities

  11. Campus Let Construction Project SUNY Office for Capital Facilities

  12. Most Qualified Selection (Consultant) • Contracts are negotiated with the most qualified consultant • Applicability: >$25,000 • SUNY Procedure #7555 NYS Finance Law §136-A SUNY Office for Capital Facilities

  13. Competitive Bid (Construction) • Awards made by public letting to the lowest qualified bidder • Applicability: >$20,000 • SUNY Procedure #7554 NYS Education Law §376 SUNY Office for Capital Facilities

  14. Campus Let • (Campus Administered) • Campus Funded Campus Let vs. Campus Funded • Capital Appropriation, including 384 • Project Initiation: Campus Administered Procedures apply • Eligible for Wick’s Waiver • Advertisement in Albany paper and a paper of general circulation • Operating Appropriation and other campus funding • Project Initiation: Campus process applies • Subject to Wick’s • Advertisement in a paper of general circulation SUNY Office for Capital Facilities

  15. B-1184 • Division of Budget’s authorization to spend capital funds • Done online through the Agency Spending Controls Application (ASCA) • Does NOT apply to professional staff and site reps • Applicability: Capital projects >$20,000 Division of Budget Bulletin 1184 SUNY Office for Capital Facilities

  16. Wicks Law (Construction) • Contracts over the threshold require separate specifications and bids for; • General Contracting • Mechanical: steam heating, hot water heating, ventilating and air conditioning apparatus • Electrical: electric wiring and standard illuminating fixtures • Plumbing: plumbing and gas fitting SUNY Office for Capital Facilities

  17. Wicks Law (Construction) • Wick’s Applicability thresholds by county • >$3M in Bronx, Kings, NY, Queens, and Richmond • >$1.5M in Nassau, Suffolk, and Westchester • >$0.5M in all other counties within the state SUNY Office for Capital Facilities

  18. Campus Let • (Campus Administered) • Campus Funded Wicks Law (Construction) • Campuses may apply for a Wick’s Waiver with the Fund • Construction must be funded entirely with capital appropriations made to the Fund (includes 384) • Construction Contracts funded by operating or other funds are not eligible for a Wick’s Waiver • Contracts under the applicable thresholds must have bidders submit with their bid a separate sealed list that names each subcontractor. SUNY Office for Capital Facilities

  19. Prevailing Wage Rates (Construction) • Applicability: All contracts and purchase orders • Provide a copy to the prime contractor and incorporate it into the contract • Primes provides schedules to subcontractors • Prime provides copies of certified payroll to SUNY • Request a wage schedule from the Department of Labor website NYS Labor Law, Article 8 & 9 SUNY Office for Capital Facilities

  20. Minority and Women Owned Business Program • The MWBE requirements for construction are currently being updated. Look for them in December. • Training will be provided by the MWBE Program Office. • For more information contact Pamela Swanigan at 518-320-1628 or pamela.swanigan@suny.edu SUNY Office for Capital Facilities

  21. New York State Contract Reporter • Advertisement for at least 15 business days prior to the bid due date • Individual ad for contracts in excess of $50,000 • Quarterly ad for anticipated contracts >$10,000 but <$50,000 • NYSCR Website NYS Economic Development Law (§142) SUNY Office for Capital Facilities

  22. Emergency Procurements and Exemption from Advertising • Declaration of the emergency and waiver of competitive bidding, signed by a senior campus officer • Establish reasonableness of price by obtaining a minimum of three verbal or written quotes • Notify your Fund Program Manager or SUNY OCF • A waiver for publication in the NYSCR is required from OSC prior to contract award SUNY Office for Capital Facilities

  23. Newspaper Advertisement (Construction) • Campus Let contracts require a one day ad in an Albany paper and in a local paper of general circulation • Campus Funded contracts require an ad in a local paper of general circulation • Contact a reasonable number of local contractors, a minimum of 5, if feasible • Applicability: >$50,000 NYS Education Law (§376) and Public Building Law (§8) Albany Paper = Times Union SUNY Office for Capital Facilities

  24. Procurement Lobbying Act • Limits communications during the Restricted Period – from Contract Reporter Ad to Contract Execution • All inquires must be directed to the Designated Contact • Requires vendor affirmation, certification and disclosure of compliance • Applicability: >$15,000 • SUNY Procedure #7552 NYS State Finance Law § 139-j SUNY Office for Capital Facilities

  25. Procurement Lobbying Act • “Contact” means an oral, written or electronic communication to SUNY related to the procurement by or on behalf of the Offerer during the Restricted Period that could be inferred as intending to influence the procurement • "Restricted period" meansfrom the earliest written notice, advertisement or solicitation of a request for proposal, invitation for bids, or solicitation of proposals, or any other method for soliciting a response from offerers intending to result in a procurement contract    For more, read Procedure 7552 SUNY Office for Capital Facilities

  26. Vendor Responsibility • For all contracts vendors and contractors must be deemed responsible • Contracts >$100,000 require • Vendor Responsibility Questionnaire using VendRep • Agency certification of Vendor Responsibility • OSC Guide to Financial Operations, Section XI.16 Vendor Responsibility NYS State Finance Law §163 SUNY Office for Capital Facilities

  27. Certificate of Insurance • Required for ALL contracts and purchase orders • At a minimum, insurance limits must equivalent to the limits in the construction and consultant agreements • General Liability • Auto • Workers Comp and Disability • Owners and Contractors Protective Liability (const) • Builders Risk (const) • Professional Liability (design) SUNY Office for Capital Facilities

  28. Bonds • Construction Bonds • Applicability: >$50,000 • Performance Bonds • May be waived when only one (1) payment is made to the contractor upon successful completion of the work • Labor & Material Bonds cannot be waived • Multiple contracts for project - the entire project value must be fully bonded Learn more, see Guidance Document CLC-1 NYS State Finance Law § 139-f SUNY Office for Capital Facilities

  29. Consultant Reporting • Annual reporting of all consultant contracts and purchase orders • OSC Form A • OSC Form B • OSC Guide to Financial Operations, Section XI.18.C Consultant Disclosure Legislation NYS State Finance Law § 8 and § 163 SUNY Office for Capital Facilities

  30. Campus Procurement Certification • SUNY procedures require a Campus Procurement Certification for all contracts (not purchase orders) • >$250,000 – signed by a Campus Vice President and uploaded to the “SUNY Procurement Officers” space in Confluence SUNY Office for Capital Facilities

  31. Consultant Selection Procedure 7554 Construction Related Consultant Procedure SUNY Office for Capital Facilities

  32. Consultant Agreements >$25,000 • State Finance Law §136-a • It is the policy of New York state to negotiate contracts for architectural and/or engineering services and/or surveying services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable fees. SUNY Office for Capital Facilities

  33. SUNY Office for Capital Facilities

  34. Pre Solicitation • Identify the funding source: • Capital dollars, including 384 • Campus Let Contracts • Campus dollars • Campus Funded Contracts SUNY Office for Capital Facilities

  35. Pre Solicitation • If capital, follow the Campus Administered Procedures • Capital Project Request Form (Attachment D) • Division of Budget B-1184 approval • Project Funding Request (Attachment F) • MWBE Goals – 9 Point Memo See Handouts #2, #3, #11 Project Funding Requests must be approved by the Fund prior to placing an advertisement SUNY Office for Capital Facilities

  36. Request for Qualifications Link to form SUNY Office for Capital Facilities

  37. Selection Committee • A minimum of three members are required • If interviews are held, all voting committee members must attend all interviews • At a minimum the committee chair must have completed the Consultant Selection Training SUNY Office for Capital Facilities

  38. Conflict of Interest • A conflict of interest occurs when the Committee member or an immediate family member (spouse/domestic partner, parent, sibling or child) has a financial interest in or has been employed by any of the firms under consideration within the previous five years. Contact your campus ethics officer or counsel SUNY Office for Capital Facilities

  39. Short List • Brief review of all Submittals of Qualifications • Each committee member individually completes a Short List Rating Form (7555-03) • Short List Ratings are complied in the Short List Summary Form (7555-04) See Handouts #5 and #6 SUNY Office for Capital Facilities

  40. Short List • At a minimum the five firms with the highest ratings are to continue in the selection process. In the event that the fifth and sixth firms’ ratings are tied both firms are to continue in the selection process. • Ratings may be reconsidered if pool of firms is too large or too small SUNY Office for Capital Facilities

  41. SUNY Office for Capital Facilities

  42. Evaluating Firms • Detailed review of Submittal of Qualifications • Site visits and Interviews, as applicable • Contact References (Form 7555-07) • Committee members individually complete the Consultant Selection Rating Form (7555-06) See Handouts #7 and #8 Score in ink. Do not write comments on the score sheets. SUNY Office for Capital Facilities

  43. Evaluating Firms • Consultant Selection Rating Form (7555-06) • Firm Qualifications and Experience (20 Pts.) • Personnel Qualifications and Experience (20 Pts.) • Previous Experience with Work Specific to Project Scope (20 Pts.) • Approach & Capability (20 Pts.) • MWBE Utilization (10 Pts.) • References (10 Pts.) See Handout #8 SUNY Office for Capital Facilities

  44. Evaluating Firms SUNY Office for Capital Facilities

  45. Make Selection • Compile the Selection Committee members individual scores • The highest ranking consultant is determined by calculating the average of all Selection Committee member’s scores • Forward a Letter of Intent (Form 7555-08) to the most qualified consultant See Handout #9 Forms available online SUNY Office for Capital Facilities

  46. Negotiate a Fair and Reasonable Fee • Request and evaluate the cost proposal • Hours • Rates • Multipliers • No cost proposals are to be submitted with the qualifications. Cost proposals are to be requested after a consultant selection is made. SUNY Office for Capital Facilities

  47. Consultant Procurement Checklist Link to form Ensure all required documentation is submitted SUNY Office for Capital Facilities

  48. Consultant Agreements <$25,000 SUNY Office for Capital Facilities

  49. Agreements <$25K • Campus Documentation • DOB B-1184 Approval (applies >$20,000) • Purchase Order or Agreement • Exhibit A • Exhibit A-1 (applies >$25,000) • Project  scope and requirements • If processed as a Contract - Campus Procurement Certification (Form XV, Procedure 7553) SUNY Office for Capital Facilities

  50. Agreements <$25K • Consultant Documentation • Procurement Lobbying Forms (applies >$15,000) • Certificates of Insurance • Certificate of Workers Comp and Disability • OSC Form A - State Consultant Services Contractor’s Planned Employment (applies >$15,000; applicable to salaries, does not include travel or reimburseables) SUNY Office for Capital Facilities

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