The University's basic procurement objective is to secure the most appropriate materials, supplies, equipment and services from the most reasonable and responsible sources, consistent with quality requirements and delivery needs as will best promote the interests of the University. In accomplishing this objective, all contracts (at the appropriate dollar threshold) are subject to the non-negotiable terms and conditions of Exhibit A - Standard Contract Clauses (applies to all contracts at all dollar values; non-negotiable terms) and Exhibit A-1 - Affirmative Action Clauses (applies to all contracts over $25,000, including sub-contracts; non-negotiable terms). In furtherance of this objective and when doing business with the State University of New York at Fredonia (Fredonia), additional documentation is required to complete the procurement record as identified below.
For purposes of these documents, Purchase Orders are to be considered contracts for commodities and/or services with Fredonia.
For All Contracts
- Form XIII Public Officers Law Compliance
- Encouraging Use of New York State Businesses in Contract Performance Form
- Substitute Form W-9
- NYS Tax Exempt Letter (for contractor's use)
- Vendor Responsibility Questionnaire (PDF Version) (MS Word Version) or provide your certified information online at the NYS VendRep System Online (provide upon request)
- Form I Omnibus Procurement Act of 1992 (applies >$1,000,000)
- Form II Omnibus Procurement Act of 1992, Out of state firms (applies >$1,000,000)
- In support of the State University of New York’s (University’s) Anti-Sweatshop Policy, a contractor, subcontractor or licensee is required to certify to the adherence to applicable labor standards followed in the chain of production as to working conditions, compensation, employee rights to form unions and the use of child labor for apparel and sports equipment sold to the University or its affiliated organizations such as Auxiliary Services Corporations or when University designs; trademarks, service marks, logographic symbols and other indicia (hereafter “university marks”) are utilized in the manufacture of such goods or sports equipment. Among other things, such standards apply to working conditions, compensation, employee rights to form unions and the use of child labor.
REQUIRED OVER $15,000, all contracts
- Form A - Summary: Policy and Procedure of the State University of New York Relating to State Finance Law §§139-j and 139-k
- Form B - Affirmation with respect to State Finance Law §§139-j and 139-k
- Form C - Disclosure and Certification with respect to State Finance Law §§139-j and 139-k
REQUIRED OVER $100,000, all contracts excluding real property leases, construction contracts, construction-related consultant contracts
- Tax Law Section 5-a requires certain contractors awarded certain state contracts (e.g., real property leases are exempt, as are construction contracts and construction-related consultant contracts) valued at more than $100,000 to certify to the Tax Department that they are registered to collect New York State and local sales and compensating use taxes, if they made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000, measured over the prior four quarters. In addition, contractors must certify to the Tax Department that each affiliate and subcontractor of such contractor exceeding such sales threshold during a specified period is registered to collect New York State and local sales and compensating use taxes. See Form III. Contractors must also certify to the procuring state entity that they filed the certification with the Tax Department and that it is correct and complete. See Form IV. For more information, see http://www.tax.ny.gov/pdf/publications/sales/pub223.pdf .
Consultant Services (as requested) and Construction-Related Consultants
- Cost Breakdown (submit with proposal)
- 7555-12 - Consultant Application for Payment (submit monthly) - Construction-Related Consultants ONLY
ALL CONSULTANTS
REQUIRED OVER $15,000, all Consultant Services
What constitutes a consultant service? Consulting services are defined as analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health and mental health services, accounting, auditing, paralegal, legal or similar services.
NEW YORK STATE CONSULTANT DISCLOSURE LEGISLATION
While performing services under a “consulting agreement” (as defined by New York State Finance Law), the successful Bidder will be required to complete the “State Consultant Services Contractor’s Planned Employment” form (also known as “Form A”) prior to final execution of any State contract. This form is provided ONLY ONCE and captures the necessary planned employment information prospectively from the anticipated start date of the contract through the end of the contract term.
In addition, the successful Bidder will be required to disclose, by employment category (O*NET), the number of persons employed to provide services under the resulting consulting agreement (including subcontract employees) the number of hours worked and the amount paid to the vendor by the State as compensation for work performed by these employees. “State Consultant Services Contractor’s Annual Employment Report” (also known as “Form B”) must be used to report the required information. This form is submitted annually, each year the contract is in effect and will capture historical information, detailing actual employment data for the most recently concluded State fiscal year (April 1 – March 31). Reports will be due no later than May 15th immediately following each fiscal year the resulting agreement is in effect.
- Form V - Consulting Reporting Form A: State Consultant Services - Contractor's Planned Employment From Contract Start Date Through The End Of The Contract Term (required prior to contract award) (applicable to salaries, does not include travel or reimbursements)
- Form VI - Consulting Reporting Form B: State Consultant Services Contractor's Annual Employment Report (Required Annually)
Construction Only
As a contractor working on the State University of New York at Fredonia campus, you are subject to the payment of Article 8 Prevailing Wages. It is the responsibility of the contractor to familiarize themselves and comply with any and all posting, reporting, etc. requirements, including the submission of certified payroll, as required by the NYS Department of Labor. Current Generic Article 8 Wage Schedules
- 7554-10 - Bid Bond & Acknowledgment (submit with bid for projects valued at $25K and above)
- 7554-11 - Labor & Materials and Performance Bonds w/Acknowledgment (submit upon request for projects valued at $25K and above))
- 7554-15 - Contractor's Application and Certification for Payment (submit monthly with certified payroll and OSHA certifications)
- 7554-13 - Contractor, Subcontractor, and Sub-subcontractor's Certification (AC2947) (submit with final pay app)
- 7554-18 - Contractor Release (submit with final pay app)
Building Services
As a building service employee working on the State University of New York at Fredonia campus, you are subject to the payment of Article 9 Prevailing Wages. Article 9 requires that contractors doing business with a public agency whose purpose is to provide services through the use of building service employees, pay prevailing wages.
What is a building service employee?
Building Service employees are persons performing work in connection with the care or maintenance of an existing building. Sample occupations may include exterminators, window cleaners, trash and refuse removal, moving equipment and furniture and similar trades. Current Generic Article 9 Wage Schedules