Definitions & Facts
- Requisition: A requisition is the form departments use to request the Purchasing Department to purchase specified commodities and/or services.
- Purchase order: A purchase order is the document that requests a vendor/supplier to furnish to the campus specified commodities/services. A purchase order is processed by the Purchasing Department based on a requisition received from a department.
- Quotation: A quotation is the current price/s and pertinent information needed from a vendor/supplier for which they will furnish specified commodities and/or services.
- Request for quotation: A Request For Quotation is used to acquire the price/s and pertinent information needed from a vendor/supplier before placing a purchase order.
- State term contract/s: A state term contract is a negotiated agreement between the State of New York and a vendor for the delivery of specific commodities, at a specific price, for a specified period of time. The Office of General Service (OGS) negotiates term contracts under which all New York State agencies may purchase their requirements for standard commodities that are in common use without the need for quotations or formal bidding.
- Preferred source: Department of Correctional Services, Industries for the Blind, Industries for the Disabled, and Veteran's Workshops. The campus is required by law to attempt to use preferred sources first before considering other sources. Other sources may be used (state contracts, open bidding) when the preferred source does not meet the form, fit, or utility of the requirements.
Workers' Compensation Law -- Sections 57 & 220 Subd. 8
In accordance with the workers’ compensation law, no permit, license, or contract (purchase orders are included) shall be issued without proof of workers’ compensation and disability benefits compliance. This covers construction, services and commodities.
The College at Alfred will begin a new policy in compliance with anti-sweatshop legislation established by SUNY for all campuses and their affiliates.
Regardless of the campus funding source used for payment (state, including IFR, DIFR, Sutra accounts, agency accounts , Research Foundation and procurement card, etc.), all apparel and sports equipment purchases by any/all campus personnel will require vendors to complete and sign a Fair Labor Certification to ensure the product purchased was produced in a manufacturing plant that adheres to “fair labor standards in connection with working conditions, compensation, employee rights to form unions and the use of child labor.”
Apparel is defined as, but is not limited to, the following: academic regalia, lab coats, uniforms (including sports, gym, staff uniforms, school uniforms), shoes (including athletic shoes or sneakers), sweatshirts, t-shirts, caps and hats. Apparel that is rented from an outside source, however, is not affected.
Sports equipment is defined as, but is not limited to, the following: balls, bats, and all other goods/equipment intended for use by those participating in sports and games.
A Fair Labor Certification form must be completed and signed by the intended vendor for the intended product(s) prior to the order being placed. If a vendor refuses or is unable to complete the form, the order cannot be placed and a new source for the product(s) must be determined.
Purchases of apparel and sports equipment that are placed directly by departments and then submitted to the funding source for payment must include the Fair Labor Certificate completed and signed by the vendor before payment can be authorized if applicable. Failure to provide this required document with the payment request will result in personal liability for payment. For this reason, retail chain suppliers, such as Walmart and Target, should not be used for such transactions as it will be difficult, if not impossible, to obtain the required documents from such vendors.
Citibank VISA account holders are also required to obtain a Fair Labor Certificate from the vendor prior to placing an order. These documents will be required during any/all audits conducted by the College, SUNY Administration and the Office of the State Comptroller. Failure to obtain this information may result in a mandatory reimbursement by the individual to the state account. Non-state funds will not be available.
The following steps are the administrative remedy for protesting procurement decisions.
Any bidder or proposer submitting a bid or proposal in response to a solicitation may protest the award or decision to award a contract by submitting by certified mail such protest setting forth the basis thereof in writing to the Director of Procurement no later than 10 calendar days after notice of the award or announcement of the decision to award on Procurement's Web site if applicable or actual knowledge by the protester that a decision by Procurement to award to other than the protester has been made whichever occurs first.
The written protest should be received in the Procurement Office no later than COB on the tenth day. If the tenth day falls on a weekend or an official holiday, the ten-day period expires at COB on the next regular workday.
The protest should contain, at a minimum, the following information:
- Name, address, e-mail address, fax, and telephone numbers of the protesting party or its designated agent.
- Bid, solicitation, or contract number.
- Detailed statement of the legal and factual grounds for the protest, including a description of resulting prejudice to the protesting party.
- Copies of all relevant documents.
- Request for a determination by the protest officer.
- Statement of the relief requested.
- Information establishing that the protest was timely filed in accordance with this protest Procedure.
(For a full description of the protest procedure, please refer to SUNY Procedure #7561-Contract Award Protest Procedure)
The Director of Procurement should, within five business days of receipt of the protest, notify the appropriate campus representative who will be the Protest Officer.
The Protest Officer should review the protest and supportive documents and issue a written decision within 10 business days of the notification where feasible. The Protest Officer may take any action or make any requests he or she deems necessary in order to investigate the protest including extending the time to issue a decision in order to obtain all evidence and other pertinent information.
The protester will be provided a copy of the written decision and this decision will be regarded as final. No evidence or information may be introduced or relied upon in the appeal that has not been presented to the Protest Officer.
A bidder's only recourse is to contact the New York State Comptroller for further review.