Presenter’s Contact Information Diane Robinson/Gail Weiglhofer Financial Administration Office of General Services diane.robinson@ogs.state.ny.us gail.weiglhofer@ogs.state.ny.us (518) 474-6717 OGS Website www.ogs.state.ny.us
Agenda Welcome and Introductions Course Overview – Purchasing 101 Session Time Ask Questions
Governing NYS Laws, Rules, Regulations 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
The Procurement Process Determining your need Discretionary Purchasing Levels NYS Certified M/WBE IFB or RFP
The Agency Purchasing Flowchart Choices and decisions at each step Remember the Procurement Record
Selecting a Procurement Method Selecting a Procurement Method Complete Needs Assessment Establish Total Cost of Commodities, Services and Technologies Are needs met by Preferred Sources? Yes Preferred Sources Are needs met by Centralized Contract? Centralized Contract Yes Can purchase be made under Discretionary Threshold? Is there a NYS certified MWBE Make Purchase Yes Yes While more than one contractor could meet needs, could agency provide substantial basis for selecting a single contractor? No Are needs met by Competitive Bid? Competitive Bid Yes Yes SINGLE SOURCE Is price the sole criterion for selection, provided contractors satisfy minimum specifications? No Would only one contractor meet needs? Yes SOLE SOURCE No STRATEGIC PARTNERSHIP Yes Best Value Acquisition Sharing Existing Contract Resources Or Developing new P/S w/existing Contractor Yes No No Build It Yourself IFB RFP
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
Discretionary Purchases Not subject to State’s formal competitive bidding requirements $50,000 for 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
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)
Choosing a Method of Bidding IFB or RFP? 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
Responsive and responsible offerors Contract Reporter insertion IFB Essentials Responsive and responsible offerors Contract Reporter insertion Fully defined method of award Be prepared for tie bids and other glitches
If a “Low Bid” Award is Not Feasible Use the RFP Process Define the project Explain general parameters that will determine “best value”
Whether IFB or RFP Level Playing Field
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.
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 Knowing and following applicable statute – Article 4-C.
Contact Information Visit www.nyscr.org and click on NYS Finance Laws -- See Article 4-C Procurement Opportunities Newsletter.
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).
What if I Have an Exemption? Guidelines may be found at the NYS Contract Reporter website: NYS Finance Laws, 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).
How to Do a Search in the MWBE Directory Website Address: www.empire.state.ny.us
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.
When should they be used? 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.
Where to Find Prevailing Wage Rate Information The annual determination is available on the Department of Labor website: www.labor.state.ny.us
Questions and Answers ?
Presenter’s Contact Information Diane Robinson/Gail Weiglhofer Financial Administration Office of General Services diane.robinson@ogs.state.ny.us gail.weiglhofer@ogs.state.ny.us (518) 474-6717 OGS Website www.ogs.state.ny.us