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Board of Trustees of The City University of New York

Committee on Fiscal Affairs December 5, 2019

I. ACTION ITEMS

A. Approval of the Minutes of October 7, 2019 Meeting

B. POLICY CALENDAR

1. Queens College

a. Authorize Expenditures for Wi-Fi Network Equipment

2. Central Office

a. Waiver of Application Fees for Spouses of Student Veterans

b. Approval of the CUNY Early Childhood Workforce Waivers

c. Renewal of the American Chemical Society (ACS) Journal

Collection for CUNY-Wide Access

d. Renewal of the STEM Initiative Package of Electronic Library

Resources for CUNY-Wide Access

e. Authorization of Contract with Credential Solutions, LLC to

Provide Electronic Transcript Services

f. Authorization of a Contract with CourseDog, Inc. to Provide a

Class Management and Facility Events Scheduling System

g. Adoption of Modifications to the University’s Procurement Policy

II. INFORMATION ITEMS

A. Fiscal Matters Information Report

BOARD OF TRUSTEES THE CITY UNIVERSITY OF NEW YORK

COMMITTEE ON MINUTES OF THE MEETING FISCAL AFFAIRS OCTOBER 7, 2019

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The meeting was called to order by Committee Chair Fernando Ferrer at 5:14 p.m. The following people were present: Committee Members: Hon. Fernando Ferrer, Chair Hon. Henry T. Berger Hon. Lorraine A. Cortés-Vázquez Hon. Ken Sunshine Faculty Member: Prof. John Verzani, faculty representative Student Member: Ms. Razieh Arabi, student representative COP Liaison: President Karol V. Mason Ex-officio: Hon. William C. Thompson, Jr. Trustee Observer: Hon. Martin Burke Observer: Prof. Ned Benton

Trustee Staff: Senior Advisor to the Chancellor and Secretary of

the Board Gayle M. Horwitz Interim General Counsel and Senior Vice

Chancellor Pamela S. Silverblatt Deputy Secretary Anne Fenton Assistant Secretary Towanda Lewis Ms. Teisha Mitchell University Staff: Chancellor Félix Matos Rodriguez Executive Vice Chancellor and Chief Operating

Officer Hector Batista Senior Vice Chancellor and Chief Financial Officer

Matthew Sapienza Interim Vice Chancellor Richard R. White Deputy Chief Financial Officer Christina Chiappa University Executive Budget Director Catherine

Abata Interim Chief Procurement Officer Caron Christian

The agenda items were considered and acted upon in the following order: I. ACTION ITEMS:

A. APPROVAL OF THE MINUTES OF THE MEETING OF JUNE 3, 2019. Moved by Committee

Chair Ferrer and seconded by Trustee Henry Berger, the minutes were unanimously approved as submitted.

B. POLICY CALENDAR

1. The City College of New York School of Medicine

a. Authorization of Contracts with St. Barnabas Hospital, Staten Island University Hospital, Northwell Health, and the Institute for Family Health. Committee Chair Ferrer requested the committee’s approval for the authorization of contracts with St. Barnabas Hospital, Staten Island University Hospital, Northwell Health, and the Institute for Family Health for the purposes of providing administrative services of clerkships to students in various medical specialties at the City College of New York School of Medicine. The term of each contract shall be seven years and the value of all of the contracts shall not exceed $10,650,562. Interim Dean Erica Friedman provided further background on the contracts.



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A discussion about the contracts followed, including Medical School’s budget pertaining to tax levy refunds, CUTRA reserves, and the inclusion of an accounting structure for Medical School expenditures and revenues separate from City College within the year-end report. Moved by Trustee Berger and seconded by Prof. John Verzani, and following discussion, the item was approved for submission to the Board. Trustee Lorraine Cortés-Vázquez abstained.

2. Baruch College

a. Authorization of Contract with Slade Industries, Inc. for Elevator and Dumbwaiter Maintenance Services. Committee Chair Ferrer requested the committee’s approval for the authorization to contract with Slade Industries, Inc. for elevator and dumbwaiter maintenance services for Baruch College. The contract shall be for five years and shall not exceed $4,280,000. Vice President Katharine Cobb provided further background on the contract. A discussion about the contract followed, including agreement specifics, total number of elevators through Baruch College’s three schools, and elevator maintenance and warranty. Moved by Trustee Berger and seconded by Ms. Razieh Arabi, and following discussion, the item was unanimously approved for submission to the Board.

3. Central Office

a. Adoption of a Revised Procurement Policy. The item was postponed.

b. Authorization of Tuition and Fee Waivers for the Math Start/ASAP Pilot Program.

Committee Chair Ferrer requested the committee’s approval for the authorization to waive Tuition and Fees for the Math Start/ASAP Pilot Program which will launch in Fall 2019 at Bronx Community College and Kingsborough Community College. Estimated waived tuition for the Fall 2019 Pilot Program is $265,000, based on 100 students enrolling in up to 10 college credits as non-degree students at the current CUNY in-city part-time rate of $265/credit. Associate Vice Chancellor Donna Linderman provided further background on the pilot program. A discussion about the pilot program followed, including hours of instruction and credit caps. Moved by Trustee Cortés-Vázquez and seconded by Trustee Ken Sunshine, and following discussion, the item was unanimously approved for submission to the Board.

c. Authorization of a Contract with Admissions US, LLC for Customer Relationship

Management Software. Committee Chair Ferrer requested the committee’s approval for the authorization for CUNY to contract with Admissions US, LLC for Customer Relationship Management Software. The contract term shall be two years, and the



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value shall not exceed an aggregate amount of $3,200,000 during the contract term. Senior Vice Chancellor and Chief Financial Officer (SVC&CFO) Matthew Sapienza provided further background on the procurement. A discussion about the software system followed, including the CUNY Common App regarding communication software requirements. Moved by Trustee Berger and seconded by Trustee Sunshine, and following discussion, the item was unanimously approved for submission to the Board.

d. Authorization of a Contract with the New York State Technology Enterprise

Corporation for Information Technology Services. Committee Chair Ferrer requested the committee’s approval for the authorization to contract with NYSTEC for information technology services related to Phase II of the project to transition non-tax levy funds to the University’s system of record. Phase I was completed July 1, 2019. The contract shall be for a maximum of eighteen months and shall not exceed $3,800,000. SVC&CFO Sapienza provided further background on the contract. Committee Chair Ferrer concluded by stating that this process is consistent with the University’s efforts for the purpose of transparency. Moved by Trustee Sunshine and seconded by Trustee Cortés-Vázquez, and following discussion, the item was unanimously approved for submission to the Board.

II. INFORMATION ITEMS:

A. Fiscal Year 2019 Year-End Financial Report SVC&CFO Sapienza and University Executive Budget Director Catherine Abata reported on the FY2019 Preliminary Year-End Report Financial Report, highlighting expenditures, revenue, enrollment, full-time staffing, and university summaries of the City University of New York. A discussion about the report followed, including deficits at York College and Medgar Evers College, comparison of expenditures to resources, enrollment and retention, revenue projections, differential tuition, and academic excellence fees. Trustee Cortés-Vázquez acknowledged and thanked the Office of Budget and Finance for the inclusion of the executive summary.

B. Fiscal Matters Information Report

SVC&CFO Sapienza reported on the CFA Financial Matters Information Items the University received for October 2019.

Committee Chair Ferrer moved to adjourn the meeting. The motion was seconded Trustee Cortés-Vázquez and the meeting was adjourned at 6:11 p.m.


RESOLUTION TO

Authorize Expenditures for Wi-Fi Network Equipment

Queens College

November 25, 2019

WHEREAS, Queens College is committed to providing a secure and reliable computer

and Wi-Fi network to the faculty, students, and administrative staff in furtherance of the

University’s academic mission; and

WHEREAS, The administration of the College has worked closely with its’ student

government to identify this need and collaborate on potential solutions; and

WHEREAS, Queens College is also committed to decreasing costs through volume

purchasing where appropriate, as well as to maintaining strong MWBE participation rates;

and

WHEREAS, The College has selected and deployed certain equipment and services

manufactured and produced by Cisco Systems Inc. to aid in efforts to secure and protect

the campus network including Wi-Fi; and

WHEREAS, Queens College has conducted a mini-bid process under a New York State

Office of General Services (OGS) contract to purchase and install network equipment for

the campus;

NOW, THEREFORE, BE IT

RESOLVED, That the Board of Trustees of The City University of New York authorize

Queens College to issue purchase orders to Compulink Technology, Inc., an MWBE

value-added reseller of Cisco Systems, Inc., which shall not exceed $1,250,000 including

a contingency amount of $21,046.

EXPLANATION: Queens College will be able to replace its current Wi-Fi network

equipment with state-of-the-art equipment with extended warranties in order to provide

better Wi-Fi access to its students, faculty and staff.


RESOLUTION

Authorization of Waiver of Application Fees to Spouses of Veterans

November 25, 2019

WHEREAS, The City University of New York has a long history of honoring and supporting its

student- veterans, which total over 3,300 for the current academic year; and

WHEREAS, The University provides educational and career opportunities to its student-veterans

through the CUNY Office of Veterans Affairs and collaborations across its 25 colleges; and

WHEREAS, Eight CUNY colleges – John Jay College, Queensborough Community College,

Lehman College, the School of Professional Studies, Medgar Evers College, New York City

College of Technology, York College, and the College of Staten Island – have been named Military

Friendly Schools for the current academic year; and

WHEREAS, The College of Staten Island has been declared a Purple Heart University, a

recognition of its efforts to provide services to student veterans and their families, and is the first

college in New York City to earn such an accolade; and

WHEREAS, on November 10, 2019, Governor Andrew Cuomo announced that all SUNY and

CUNY schools would waive application fees for veterans and spouses; and

WHEREAS, CUNY has historically waived application fees for veterans, as outlined in the

University Tuition and Fee Manual;


RESOLVED, that the Board of Trustees of The City University of New York authorize the waiver

of application fees to the spouses of veterans; and

BE IT FURTHER

RESOLVED, That the Board of Trustees authorize the appropriate amendments to Sections III

and VII of the University’s Tuition and Fee Manual to codify these waivers.

EXPLANATION: CUNY has and will continue to provide critical support to student-veterans,

including a waiver of application fees. Adding veterans’ spouses to the application fee waiver

policy represents an important addition to the roster of services and opportunities the University

already provides it’s student-veterans, and underscores CUNY’s ongoing commitment to this

deserving population.


RESOLUTION TO

Approve the CUNY Early Childhood Workforce Waivers

November 25, 2019

WHEREAS, As part of the New York Women’s Agenda and based on recommendations by the Early Childhood Advisory Council, CUNY is launching a new scholarship to support early childhood educators working 20 hours or more in licensed early childhood centers, and WHEREAS, these scholarships will enable early childhood educators to attain credit

bearing credentials, degrees and certifications, and WHEREAS, the scholarships will be awarded to approximately 200 educators through tuition waivers for up to 2 courses or 6 credits, per semester, and WHEREAS, these tuition waivers will be awarded using needs-based criteria, with single

parents given additional priority; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of The City University of New York approves a waiver of required tuition for individuals who work 20 hours or more, each week, in the city’s licensed early childhood centers to attend CUNY colleges (two-year, four-year, and graduate) in pursuit of credit-bearing credentials, certificates, and degrees. The waiver is intended to support part-time study for up to two courses per term for each eligible student, and will begin in Spring 2020, and BE IT FURTHER RESOLVED, that the Board of Trustees of The City University of New York authorizes

CUNY campuses to apply the waiver of required tuition for individuals who meet the criteria for this needs-based program. EXPLANATION: The CUNY Office of Early Childhood Initiatives and its Career Center

will manage applications, work with students to create study plans, track student

perseverance and success, and submit reports to the Chancellor, the Executive Vice Chancellor and University Provost, and the Senior Vice Chancellor and Chief Financial Officer. Waivers will be based on a sliding scale that takes gross family income and family size into account.


RESOLUTION TO

RENEW the AMERICAN CHEMICAL SOCIETY (ACS) JOURNAL COLLECTION for CUNYWIDE ACCESS

November 25, 2019

WHEREAS, The ACS Journal Collection, subscribed to by all CUNY campus libraries, is

up for renewal this year; and

WHEREAS, The ACS is the world’s largest scientific society and are recognized as a leading publisher of authoritative scientific information; and WHEREAS, CUNY libraries have worked together to form buying groups that enable the

University group-wide or system-wide access to many library e-resources; and WHEREAS, Leveraging this purchasing power has enabled CUNY to save money and improve its collections, and helped the CUNY libraries to build one of the most comprehensive centralized e-resource collection of any large-scale college consortium in the country


RESOLVED, That the Board of Trustees of the City University of New York authorize the

General Counsel to execute a contract on behalf of the University to subscribe to the American Chemical Society’s (ACS) complete portfolio of journals for all of the CUNY campus libraries, without competitive bidding pursuant to University law and regulations; and BE IT FURTHER RESOLVED, that the contract shall not exceed a total estimated cost of $1,137,939 over

the three-year term, and that the contract shall be subject to approval as to form by the Office of General Counsel.

EXPLANATION: CUNY libraries have a long history of subscribing to this society’s journals and as a group for over 15 years. This current agreement has been negotiated to provide access to the complete collection of journals for all students, faculty, and staff. All CUNY libraries pay their own subscription costs. All content is indexed widely and is discoverable in the University Libraries’ Discovery platform, OneSearch.


RESOLUTION TO

RENEW the STEM INITIATIVE PACKAGE of ELECTRONIC LIBRARY RESOURCES for CUNYWIDE ACCESS

November 25, 2019

WHEREAS, CUNY libraries seek to expand access to library resources to all students, faculty, and staff and to work together to form buying groups that enable group-wide or system-wide access to many library e-resources; and WHEREAS, The University’s STEM Initiative package was devised and implemented five years ago by the Office of Library Services (“OLS”), working with CUNY’s Chief Librarians, the Council of Chief Academic Officers, and the Vice Chancellor for Research; and WHEREAS, The initiative provided system-wide access to a set of critical electronic resource packages in the STEM disciplines while saving millions of dollars over what the costs to individual colleges would have been for all or parts of these collections; and WHEREAS, The STEM initiative provided the basic and advanced STEM journals needed at each of the colleges, and helped to fill gaps in the collections of each CUNY library, including content in science, medicine, technology, engineering, mathematics, and the social sciences; and WHEREAS, all resources in the STEM initiative package are up for renewal this year; and WHEREAS, the renewal of this initiative is characterized by lower annual renewal rates

and more content; and NOW, THEREFORE, BE IT

RESOLVED, That the Board of Trustees of the City University of New York authorize the General Counsel to execute contract renewals on behalf of the University with five key STEM publishers in order to maintain subscription access to the Elsevier Science Direct

Freedom Collection of Journals, the Wiley Database Model Journal Collection, the Springer Journals Full Collection, a select package of Nature Journals and Reviews, and the Institute of Electrical and Electronics Engineers (IEEE) Xplore Collection for all of the CUNY campus libraries, without competitive bidding pursuant to University law and regulations; and BE IT FURTHER RESOLVED, that the total amount of the five contracts shall not exceed $25,294,151 over the five-year term, and that these contracts shall be subject to approval as to form by the Office of General Counsel.

EXPLANATION: The following is a breakdown by resource of the total cost over five years: Elsevier Science Direct Freedom Collection (2300 journals): $11,900,450 Wiley Database Model (1700 journals): $ 6,732,609 Springer Journals Full Collection (2000 journals): $ 3,020,454 Nature Journals (28 journals): $ 2,146,316 IEEE Xplore Collection (4,000,000 articles, proceedings, and standards): $ 1,494,322 The renewal of this initiative will continue to put all CUNY libraries on an equal footing and assure that all students throughout CUNY have equal access to this shared content. While the cost of all e-resources are rising each year, during the term of the original STEM initiative, usage has increased at a much higher rate resulting in a lower cost per use each year. In addition, the University was able to negotiate lower renewal rates with each of the publishers, and all of the publishers have added content to their collections, thereby enhancing the value of these agreements. All content is indexed and discoverable in the University Libraries’ Discovery system, Onesearch.


RESOLUTION TO

Authorize Contract with Credential Solutions, LLC to Provide

Electronic Transcript Services

November 25, 2019

WHEREAS, CUNY requires services to enable its’ students to electronically request and submit their official transcript to other higher education institutions; and WHEREAS, Credential Solutions, LLC has been providing such services to CUNY

since 2009; and WHEREAS, the cost of the services is covered by the students requesting the transcripts, via a transcript fee, as outlined in Section III B of the University’s approved Tuition and Fee Manual; and WHEREAS, CUNY plans to continue offering these services to its students while implementing new features and technological improvements NOW, THEREFORE, BE IT RESOLVED, That the Board of Trustees of The City University of New York authorize

the General Counsel to execute a contract with Credentials Solutions, LLC for transcript management services, without competitive bidding and pursuant to law and University Regulations, and BE IT FURTHER RESOLVED, that the contract term shall be five (5) years. EXPLANATION: Currently, all twenty-five (25) CUNY schools provide their students with transcript management services from Credential Solutions, LLC. This secure site is available 24 hours a day, seven days a week from any computer with internet access.


RESOLUTION TO

Authorize a Contract with CourseDog, Inc. to Provide a Class

Management and Facility Events Scheduling System

November 25, 2019

WHEREAS, fourteen (14) CUNY colleges are currently using the Resource

25/Schedule 25 system, a class management and facility events scheduling tool; and WHEREAS, this contract is scheduled to expire on December 31, 2019; and

WHEREAS, the University Office of the Academic Affairs seeks a university-wide

accessible curriculum and event management system (“CEMS”) that will facilitate an online, paperless submittal and approval process for all curriculum updates, class scheduling and facility management; and WHEREAS, CUNY issued a Request for Proposal (“RFP”) and in response to this request, received two proposals; and WHEREAS, as a result of the evaluation of the proposals by the selection

committee, one vendor was selected to provide this system, as was permitted under the RFP; NOW, THEREFORE, BE IT

RESOLVED, that the Board of Trustees authorize the General Counsel to execute

a contract with CourseDog Inc. to provide an enterprise-wide class management and facility events scheduling system; and BE IT FURTHER RESOLVED, that the contract term shall be five years and shall not exceed $6,500,000, and is being awarded based on best value after public advertisement

and timely submission of sealed proposals pursuant to law and University regulations. EXPLANATION: CEMS will be designed to automatically update campus catalogs

and schedule of classes with approved changes. All changes to the centrally stored curriculum libraries will be communicated to the appropriate parties. The CEMS will facilitate an online, paperless submittal and approval process for all curriculum updates and foster better communication and collaboration, by storing all curriculum library additions, changes, and deletions in one database that each college can access.


RESOLUTION TO

Adopt Modifications of the Procurement Policy for

The City University of New York

November 25, 2019

WHEREAS, the CUNY Board of Trustees adopted the current Procurement Policy and

Procedures of The City University of New York (“CUNY”) on February 21, 2017 (the

“Procurement Policy”); and

WHEREAS, under New York State Executive Law Article 17-B, CUNY is authorized to

“set-aside” certain procurements to New York State-certified service-disabled veteran-

owned businesses (“SDVOBs”); and

WHEREAS, the Minority and Women owned Business Enterprises (“MWBE”)

Reauthorization Bill, signed on July 15, 2019 by Governor Andrew Cuomo, will permit

State entities to increase the maximum dollar threshold for informal (discretionary)

purchases from $200,000 to $500,000 in relation to (i) purchases of recycled or

remanufactured products and (ii) purchases from small businesses and New York State-

certified MWBEs and SDVOBs; and

WHEREAS, this law will become effective on January 11, 2020; and

WHEREAS, the Offices of the New York State Governor Andrew M. Cuomo and the New

York State Comptroller Thomas P. DiNapoli agreed to modify requirements of pre-audit

review for contracts of The State University of New York, The State University of New

York Construction Fund, The City University of New York, The City University

Construction Fund, the Office of General Services, and the Research Foundation for the

State University of New York, through the execution of a Memorandum of Understanding

(“MOU”) dated August 15, 2019; and

WHEREAS, the MOU would require pre-audit review for contracts valued at $250,000 or

more for construction, commodities, computer equipment (including software and

hardware), and printing, and non-construction related services; and

WHEREAS, the MOU provides that it is contingent upon CUNY and CUCF’s respective

Boards of Trustees to approve the terms of the MOU within 30 days of the MOU’s effective

date or the Executive will propose legislation mandating such review; and

WHEREAS, the MOU’s effective date is 30 days following the signing of the MOU and

finalization of the mutually agreed upon checklist required by the MOU; and

WHEREAS, the CUNY Board of Trustees approved and ratified the terms of the MOU

signed by the Chancellor at a Meeting of the Board of Trustees on October 28, 2019


RESOLVED, that the Board of Trustees of The City University of New York authorize

changes to the CUNY Procurement Policy to increase the maximum dollar amount

permitted for use of certain “Enhanced Informal Purchases” to implement the change in

thresholds for discretionary purchases permitted under the Minority and Women owned

Business Enterprises (“MWBE”) Reauthorization Bill, signed on July 15, 2019 by

Governor Andrew Cuomo, effective January 11, 2020; and

BE IT FURTHER

RESOLVED, that the Board of Trustees of the City University of New York authorize

changes to the CUNY Procurement Policy to increase the maximum dollar amount

permitted for the use of “Informal Purchasing Methods” under the Procurement Policy

from $100,000 to $250,000 to improve the efficiency of its procurement practices,

effective concurrent with the effective date of the MOU; and

BE IT FURTHER

RESOLVED, that the Board of Trustees of the City University of New York authorize

changes to the CUNY Procurement Policy to reflect the requirement for pre-audit review

by the Office of the State Comptroller for contracts valued at $250,000 or more for

construction, commodities, computer equipment (including software and hardware),

printing, and non-construction related services as required by the MOU, effective

concurrent with the effective date of the MOU, and that the revised Procurement Policy

attached hereto is adopted.

EXPLANATION: These changes will be reflected in an updated Procurement Policy

(attached). All other provisions of the Procurement Policy remain unchanged. It is

anticipated that the General Counsel and the Senior Vice Chancellor and Chief Financial

Officer may issue updated and/or new administrative guidance as may be necessary or

useful to implement the changes in the Procurement Policy.

Procurement Policy and Procedures of The City University of New York

I. Purpose and Application

A. This Policy sets forth guidelines applicable to the procurement of commodities and

services by The City University of New York (the “University”). This Policy shall

constitute guidelines of the Board of Trustees of the University under Section 6218

of the New York State Education Law.

B. This Policy applies to procurements of commodities and services using funds by

the University, including all senior and community colleges and the Central Office.

Funds covered by this Policy include: those appropriated by the State of New York

(the “State”) or the City of New York (the “City”); student tuition and fees; and

funds held by the State Treasury in income fund reimbursable accounts, such as

technology fees. This Policy does not apply to procurements by The Research

Foundation of the City University of New York, The City University Construction

Fund, college associations, auxiliary enterprise corporations, college foundations,

or other separately incorporated affiliated entities except as described in any

policies, guidelines, or procedures issued by the University, including any Office of

University Controller Financial Management Guidelines; however, this Policy does

apply to contracts funded by any of these organizations but entered into by the

University.

C. References herein to the “University” shall include each of the University’s

constituent colleges, including the Central Office.

II. Policy Statement

A. It is the policy of the University to procure commodities and services in a manner

that promotes: (i) the wise, prudent, and transparent use of the resources of the

University and the taxpayers of the City and State; (ii) compliance with all

provisions of law governing procurements by the University; (iii) the acquisition of

quality commodities and services at reasonable prices in a timely and efficient

manner; (iv) the maximum feasible participation of New York State-certified

minority- and women-owned business enterprises (“MWBE”) and service-disabled

veteran-owned business enterprises (“SDVOB”) in University procurements, as

required by law and University policy; and (v) the prevention of favoritism,

extravagance, fraud, and corruption, or the appearance thereof.

B. In furtherance of the above policy, the University shall conduct procurements in

accordance with the procedures and other requirements set forth below.

CUNY Procurement Policy and Procedures page 2

III. General Purchasing Requirements

A. All University procurements, regardless of size, must adhere to the following

general requirements:

1. complying with all applicable ethics rules, including purchasing

commodities and services in the best interest of the University and adhering

to the University’s Conflict of Interest Policy and Sections 73 and 74 of the

New York State Public Officers Law;

2. complying with all laws, rules, regulations, and intergovernmental directives

and agreements, that apply to the University, whether or not specifically

described in this Policy, including the applicable provisions of the New York

State Education Law and State Finance Law;

3. conducting all University-wide and Central Office purchases through the

Office of Budget and Finance and all college-specific purchases through the

respective campus Purchasing Departments (collectively, “Purchasing

Departments”); no other office or department may conduct procurements or

otherwise bind the University to any purchase of commodities or services;

4. estimating the applicable dollar value of a potential purchase to ascertain

what procurement methods may be required (and prohibiting the artificial

division of purchases in order to use the less formal procurement methods

available to smaller purchases), and monitoring actual purchases made of the

same commodity or service to determine whether additional procurement

requirements may apply in the future to the same purchase;

5. ensuring that the commodity or service sought satisfies the University’s

required form, function, and utility, and determining whether an Existing

Contract (as defined in Section V(G)) offers commodities or services that

can satisfy these requirements;

6. using competitive solicitation methods (such as quotes, sealed bids, and

sealed proposals) to the maximum extent practicable when conducting

individual University procurements;

7. only using form solicitation documents issued by the University’s Office of

the General Counsel;

8. promoting the maximum feasible participation of MWBEs and SDVOBs in

University procurements including, where applicable, setting participation

goals on procurements to encourage MWBEs and SDVOBs to participate as

subcontractors or suppliers and ensuring prime contractor compliance with

such participation goals, as required by law and University policy;

9. obtaining all necessary internal and external approvals required by

applicable laws, rules, regulations, intergovernmental directives and

agreements, and University policy, including those of the New York State

Office of the State Comptroller (the “State Comptroller”), the Board of

Trustees, the Office of the General Counsel, and the Office of Budget and

Finance;


10. advertising procurements as required by applicable law and University

policy;

11. maintaining a record of the procurement that demonstrates that all

requirements of this Policy and of applicable law have been met;

12. awarding contracts to “responsive” and “responsible” vendors, as defined in

applicable law;

13. complying with the University’s contract signing authority policies, as set

forth by the Board of Trustees and as further delegated by the Chancellor

and the General Counsel of the University;

14. only executing contracts and other agreements that have been approved as to

form by the Office of the General Counsel; and

15. following such other procedures, manuals, memoranda, directives, and the

like issued by either or both of the Office of the General Counsel and the

Office of Budget and Finance that relate to this Policy.

IV. Overview of Procurement Methods

A. The University may conduct procurements of needed commodities and services

through a variety of methods. Among the most common methods are: (1) using

preferred source offerings, existing centralized contracts of the State, the City, and

the Federal government, University-wide contracts, “piggyback” contracts, and

consortia contracts; (2) competitive solicitations of sealed bids and sealed

proposals; and (3) entering into contracts using informal procurement methods, or

on a sole source, single source, or emergency basis.

B. The University may use Existing Contracts, which are established on behalf of the

University by the Office of Budget and Finance or made available to the University

by the State, the City, or the Federal government. Among other reasons, because

the use of these Existing Contracts reduces costs by leveraging collective buying

power and saves administrative time, this Policy requires that the University use

these contracts under the circumstances set forth below. In addition, in instances

where the Office of Budget and Finance has established University-Wide Contracts

(as defined in Section V(E)) with vendors on an exclusive basis, the University

must use those contracts in all instances unless an exception is granted by the Office

of Budget and Finance. However, if no exclusive University-Wide Contract exists,

then the University, through the applicable Purchasing Department, may elect to

forgo using any Existing Contracts where the available contracts do not meet the

University’s requirements, or where justified by price, as set forth in greater detail

below. In those cases the University may instead conduct an individual

procurement, including through bids, proposals, quotes, and other methods, or make

purchases on a sole source, single source, emergency or other basis, as permitted by

this Policy.


V. Order of Purchasing Priority and Procurement Methods

A. The University shall conduct all procurements of commodities and services,

including University-wide procurements, using the methods and procedures

described in this Section V. However, in selecting a procurement method, the

University shall adhere to the order or priority assigned to these methods in Section

V(B) (such methods and priority, collectively, the “Purchasing Hierarchy”).

Sections V(C) through V(G) provide a description of, and procedures for using,

each procurement method in the Purchasing Hierarchy. Sections V(E)(3) and V(H)

provide a description of exceptions to the Purchasing Hierarchy. The determination

of the appropriate procurement method shall be made by the applicable Purchasing

Department.

B. Purchasing Hierarchy. The University shall adhere to the following order of priority

when conducting procurements:

1. New York State Preferred Sources;

2. OGS Commodities Contracts;

3. University-Wide Contracts;

4. Other Centralized Contracts of the State, City, and Federal government;

5. any of the following options, which shall be afforded equal priority:

Campus Procurements (with or without a formal competitive process

depending on the total value of the procurement);

“Piggybacking” off of an established governmental contract (other than an

OGS Commodities Contract or Other Centralized Contract);

Consortia Contracts approved by the Office of the General Counsel and the

Office of Budget and Finance; or

Set-Aside Contracts for SDVOBs approved by the Office of the General

Counsel and the Office of Budget and Finance.

6. Sole Source, Single Source, and Emergency Procurements, where appropriate,

are exceptions to the above order of priority.

C. New York State Preferred Sources. In order to advance special social and

economic goals of the State, the University is required to purchase select

commodities and services from State-designated organizations that support

employment of certain individuals, including those with disabilities, in correctional

facilities, and who are blind. Currently, these organizations include the NYS

Department of Correctional Services (“Corcraft”), the NYS Preferred Source

Program for People Who Are Blind (“NYSPSP”), and the NYS Industries for the

Disabled (“NYSID”) (collectively, and as updated pursuant to applicable law,

“Preferred Sources”). The University is required to purchase from Preferred

Sources commodities or services that meet the University’s form, function, and

utility requirements and are offered at a price, as determined by the New York State

Office of General Services (“OGS”), that is no more than 15% greater than the

prevailing market rate (or in the case of Corcraft, commodities that are offered at a


price that do not exceed a reasonable, fair market rate as determined by the

Department of Correctional Services (“DOCS”)). Purchases of commodities and

services from Preferred Sources are given the highest priority and are exempt from

competitive bidding requirements. The University shall make purchases from

Preferred Sources in the following manner, and in accordance with any guidelines

issued by OGS relating to Preferred Sources (except to the extent such guidelines in

their application to CUNY would conflict with applicable law): 1. When making any purchase the University must first consider using Preferred

Sources generally. When purchasing commodities, the University must consider

Preferred Sources in the following priority order: (1) Corcraft; (2) NYSPSP; (3)

NYSID, or as otherwise required by the State. When purchasing services the

University may afford each available Preferred Source equal priority, and if

more than one Preferred Source can provide the required services, then price

shall be the determining factor.

2. When a commodity or service is available from a Preferred Source in the form,

function, and utility required by the University, and at prices that are approved

by OGS or DOCS as contemplated in Section V(C) above, then the University

is required to purchase from the Preferred Source.

3. If the University wishes to purchase a particular commodity or service through a

competitive solicitation even when the commodity or service is available from a

Preferred Source, then the University must compile defensible documentation

and evidence justifying why the Preferred Source was not used. If a Preferred

Source is not selected, then that Preferred Source also must be given prior

written notice with an explanation and an opportunity to respond.

D. OGS Commodities Contracts. OGS has established centralized contracts for a

wide range of commodities (“OGS Commodities Contracts”). The University shall

make purchases from OGS Commodities Contracts in the following manner: 1. Where no Preferred Source can meet the University’s form, function, and utility

requirements for a commodities purchase, or where justified by price, the

applicable Purchasing Department must determine whether the required

commodity can be obtained through an existing OGS Commodities Contract. If

a vendor on an OGS Commodities Contract can provide the needed

commodities and meet the University’s form, function, and utility requirements,

then the University shall make the purchase from such vendor, unless the

applicable Purchasing Department makes the determination that it can obtain

lower pricing from an alternate source.

2. When soliciting alternate pricing, the University may seek pricing from the

open market but, at a minimum, must seek pricing from vendors available

through University-Wide Contracts and Other Centralized Contracts that are

available. OGS Commodities Contract vendors must be allowed a minimum of

two business days to match any lower price offered to the University. If the

OGS Commodities Contract vendor provides written confirmation that it will


match a lower price received by the University on the open market, then the

University shall purchase from such OGS Commodities Contract vendor. If the

OGS Commodities Contract vendor is unable or unwilling to match the lower

price, the University must document this in the procurement record and may

proceed with the open market purchase.

E. University-Wide Contracts. The Office of Budget and Finance has established a

number of University-wide Contracts, some on an exclusive basis, with vendors for

certain commodities or services (“University-Wide Contracts”). The University

shall make purchases from University-Wide Contracts in the following manner: 1. If no applicable Preferred Source or OGS Commodities Contract can meet the

University’s form, function, and utility requirements, or where justified by

price, the applicable Purchasing Department must determine whether the

required commodity or service can be obtained through an existing University-

Wide Contract.

2. If the University’s requirements can be met through an existing University-

Wide Contract, then the University must purchase such commodities or

services through the available University-Wide Contract, unless the applicable

Purchasing Department makes the determination that it can obtain lower

pricing from an alternate source. Any questions relating to University-Wide

Contracts must be directed to the Office of Budget and Finance.

3. In some instances the Office of Budget and Finance has established University-

Wide Contracts with vendors on an exclusive basis. These exclusive

University-Wide Contracts are an exception to the Purchasing Hierarchy and

must be used in all instances on a first-priority basis by the University unless

an exception is granted by the Office of Budget and Finance.

F. Other Centralized Contracts. If no Preferred Source, OGS Commodities Contract, or

University-Wide Contract can meet the University’s form, function, and utility

requirements, or where justified by price, the University may make purchases of

commodities and services through centralized contracts let by certain agencies and

entities of the State, the City, and the Federal government. Specifically, the

University may make purchases through (1) services contracts let by OGS and

(2) contracts identified by the Office of Budget and Finance as having been

procured by the following agencies and made available to the University: the City’s

Department of Citywide Administrative Services; the City’s Department of

Information Technology & Telecommunications; the Board of Education of the City

of New York; the U.S. General Services Administration; and such other

governmental agencies and entities as may be identified by the Office of the General

Counsel and the Office of Budget and Finance (collectively, “Other Centralized

Contracts”). The University shall make purchases from Other Centralized Contracts

in the following manner:


1. Where no Preferred Source, OGS Commodities Contract, or University-Wide

Contract can meet the University’s form, function, and utility requirements for a

purchase, the applicable Purchasing Department must determine whether the

required purchase can be made through any Other Centralized Contract.

2. The University must use any available Other Centralized Contracts that have

been identified in writing by the Office of Budget and Finance and that can meet

the University’s form, function and utility requirements.

3. When considering Other Centralized Contracts the University shall afford each

available contract equal priority, and shall award to the vendor that can meet the

University’s form, function, and utility requirements at the lowest price.

4. In addition, the University may make purchases using a Campus Procurement,

Piggyback, or a Consortia Contract, instead of using an Other Centralized

Contract, when justified by price.

G. Purchases By Campuses. If no Preferred Source, OGS Commodities Contract,

University-Wide Contract, or Other Centralized Contract (collectively, “Existing

Contracts”) can meet the University’s form, function, and utility requirements, or

where justified by price, the University may make arrangements to purchase the

needed commodities or services on its own, including, conducting its own

procurement, making “piggyback” purchases through other governmental contracts,

or purchasing through contracts established by purchasing consortia, as more fully

described below. The options described in this Section V(G) shall be afforded equal

priority. 1. Campus Procurements. If no Existing Contract is available that can meet the

University’s form, function, and utility requirements, or where justified by price,

the University may purchase the needed commodity or service through an

individual procurement conducted by the University (a “Campus Procurement”).

In conducting Campus Procurements the University may, depending on the size

of the resulting purchase, use informal purchasing methods (e.g., internal

research, quotes) or formal purchasing methods (e.g. competitive sealed bids or

proposals). a. Informal Purchasing Methods. When conducting a Campus Procurement,

the University is generally required to use formal competitive purchasing

methods such as sealed bids and sealed proposals (as further described

below in Section V(G)(1)(b) below, “Formal Purchasing Methods”).

However, when making purchases under certain dollar thresholds the

University may use the informal purchasing methods described in this

Section V(G)(1)(a) (“Informal Purchasing Methods”) in lieu of Formal

Purchasing Methods. Specifically, Purchasing Departments may use

Informal Purchasing Methods for general purchases that are less than

$250,000, or such other amount authorized by the State Comptroller. In

addition, (x) when an award is made for certain food products that are


grown, produced or harvested in New York State, Purchasing Departments

may use Informal Purchasing Methods for purchases up to $200,000, as

authorized by the State Finance Law and (y) when an award is made to a

New York State small business or a New York State-certified MWBE or

SDVOB, or when the University is purchasing recycled or remanufactured

commodities or technology, Purchasing Departments may use Informal

Purchasing Methods for purchases up to $500,000, as authorized by the

State Finance Law (collectively, “Enhanced Informal Purchases”). When

using Informal Purchasing Methods Purchasing Departments may make

purchases from any responsive and responsible vendor whose goods or

services meet the University’s form, function, and utility requirements and

are offered at a reasonable price, as determined by the Purchasing

Department. The University must follow generally-applicable procurement

rules (including those listed in Section III) when using Informal Purchasing

Methods. Informal Purchasing Methods include Purchasing Departments

conducting research into products or services that meet the University’s

needs, determining the reasonableness of pricing and vendor responsibility,

and justifying the selection of a particular vendor in the procurement record.

Purchasing Departments will determine the reasonableness of pricing as set

forth below. i. For purchases that are less than $20,000, Purchasing Departments must

obtain multiple oral or written quotes, or conduct and document internal

or external pricing research, or use a combination thereof. While no

formal competitive processes are required, Purchasing Departments are

encouraged to use competition where possible.

ii. For purchases of $20,000 or more but less than $50,000, Purchasing

Departments must obtain a minimum of three written quotes from

vendors.

iii. For purchases of $50,000 or more but less than $250,000 (or less than

the applicable maximum dollar threshold for Enhanced Informal

Purchases), or up to such other amount authorized by the State

Comptroller, Purchasing Departments must obtain written quotes from

vendors after publicly advertising the procurement in accordance with

applicable law and University policy.

iv. The University has determined a price to be fair and reasonable if it is

within 15% of the lowest current price offered from other responsive

vendors or within 15% of the other current pricing indicator used by the

University. In the event an award is made to a responsive and

responsible vendor whose price is greater than (but within 15% of) the

lowest current offered price or other current pricing indicator available,

the Purchasing Department must maintain documentation in the

procurement record of the rationale for the selection of the vendor.


b. Formal Purchasing Methods. The University shall use Formal Purchasing

Methods for all purchases of $250,000 or more, or in excess of such other

amount authorized by the State Comptroller. Formal Purchasing Methods

shall include: (i) sealed competitive bids; (ii) requests for proposals; and (iii)

such other methods as may be approved by the Office of the General

Counsel and the Office of Budget and Finance. In the case of sealed

competitive bids, awards shall be made to the responsive and responsible

vendor offering the lowest price, as determined by the applicable Purchasing

Department. In the case of requests for proposals, awards shall be made on

the basis of “best value” to the responsive and responsible vendor whose

proposal optimizes quality, cost and efficiency, as determined by the

applicable Purchasing Department and an evaluation committee. The

University may reject all bids or proposals received, or make multiple

awards, where the University determines that doing so shall be in its best

interest.

2. “Piggyback” Contracts. If no Existing Contract is available that can meet the

University’s form, function, and utility requirements, or where justified by price,

the University may make purchases through contracts let by other governmental

entities (a “Piggyback”) after obtaining the approval of the Office of the General

Counsel and the Office of Budget and Finance and after obtaining all required

external approvals.

3. Consortia Contracts. In some instances, multiple entities have agreed to

purchase commodities collectively as a consortium and at lower prices than

would be otherwise achievable through purchases by such entities individually.

If no Existing Contract is available that can meet the University’s form, function,

and utility requirements, or where justified by price, the University may make

purchases of commodities from contracts let by such purchasing consortia

(“Consortia Contracts”), after obtaining the approval of the Office of the General

Counsel and the Office of Budget and Finance and after obtaining all required

external approvals.

4. Set-Aside Contracts for SDVOBs. CUNY may “set-aside” contracts for

competitive solicitation specifically to New York State-certified SDVOBs, after

obtaining the approval of the Office of the General Counsel and the Office of

Budget and Finance and after obtaining all required external approvals. A

minimum of three certified SDVOBs must be available in the market, during the

time of the solicitation process, to be eligible for a set-aside procurement.

H. Exceptions to the Purchasing Hierarchy. In addition, the University may forgo the

Purchasing Hierarchy in instances of documented sole source, single source, and

emergency purchases. The University is not required to use Existing Contracts,

Piggybacks, or Consortia Contracts, or follow Formal Purchasing Methods or

Informal Purchasing Methods for Campus Procurements, in the following instances:


1. Emergency Contracts. In the rare case of an emergency arising out of an

unforeseen occurrence or condition or situation where a threat to health, safety,

life, or limb exists, or where a necessary service is threatened with material

damage or suspension, or where University buildings or property are threatened,

the University may authorize the award of a contract on other-than-a competitive

basis. For each such procurement, there shall be a declaration of emergency and

a written record setting forth the basis for concluding that there was an

emergency and the abbreviated procurement methods used to identify the

selected contractor. The University shall submit such declaration and record to

the Senior Vice Chancellor and Chief Financial Officer and to the General

Counsel, and shall promptly submit any resulting contract to the City or State, as

appropriate, for payment. In all instances the applicable Vice President for

Finance and Administration, or equivalent, shall make the final determination of

whether an emergency procurement is appropriate.

2. Single Source. The University may authorize the award of a contract on other-

than-a competitive basis, even though two or more firms can supply the required

commodity or service, if the University determines that either: (a) one particular

firm has unique knowledge or expertise with respect to the required commodity

or service rendering the use of competitive procedures impractical; or (b) other

material or substantial reasons exist for awarding the contract on other-than-a

competitive basis. The University shall advertise each such procurement as

required by law, and shall create and maintain a written record setting forth the

basis for justifying the single source procurement, including the methods and

rationale for selecting the contractor, alternatives considered and why the

alternatives do not meet the University’s needs, and a determination that the

vendor’s price is fair and reasonable. In all instances the Purchasing Department

shall make the final determination of whether a single source procurement is

appropriate.

3. Sole Source. When there is only one source for a required commodity or service,

the University may authorize the award of a contract for that commodity or

service on other-than-a competitive basis. The University shall advertise each

such procurement as required by law, and shall create and maintain a written

record setting forth the basis for justifying the sole source procurement,

including the methods and rationale for selecting the contractor, a determination

of exclusive capability of the vendor or product, alternatives considered, and a

determination that the vendor’s price is fair and reasonable. In all instances, the

Purchasing Department shall make the final determination of whether a sole

source procurement is appropriate.


VI. Policy Implementation and Amendments; Effect on Awarded Contracts

A. The University shall comply with this Policy, except in instances where an exception

to this Policy has been approved in writing by the General Counsel and the Senior

Vice Chancellor and Chief Financial Officer, or their successors or designees.

B. The University shall comply with any procedures, manuals, memoranda, directives,

and the like issued prior to or following the effective date of this Policy by either or

both of the Office of the General Counsel and the Office of Budget and Finance that

relate to this Policy (“Administrative Guidance”). Subject to the other provisions of

this Section VI, in the event of any conflict between this Policy and any

Administrative Guidance, this Policy shall govern to the extent of the conflict. This

Policy supersedes and renders void the University’s Purchasing Policy Manual

approved by the Board of Trustees on October 23, 1995 and as may have been

revised from time to time.

C. The General Counsel and the Senior Vice Chancellor and Chief Financial Officer or

their successors may modify, supplement, or update this Policy, subject to the Board

of Trustees’ ratification, as they may deem necessary to implement changes

in law, regulations, and administrative requirements, and to ensure consistency with

other University policies.

D. Nothing contained in this Policy shall be deemed to (1) alter, affect the validity of,

modify the terms of, or impair any contracts or agreements issued or entered into

prior to the effective date of this Policy or (2) confer upon any person, firm, or

corporation any right, remedy, claim, or benefit under, or by reason of, any

requirement or provision hereof.

Adopted by the Board of Trustees on February 21, 2017 and amended on October 28, 2019

Procurement Policy and Procedures of The City University of New York

Purpose and ApplicationI.

This Policy sets forth guidelines applicable to the procurement of commodities andA.services by The City University of New York (the “University”). This Policy shallconstitute guidelines of the Board of Trustees of the University under Section 6218of the New York State Education Law.

This Policy applies to procurements of commodities and services using funds by theB.University, including all senior and community colleges and the Central Office.Funds covered by this Policy include: those appropriated by the State of New York(the “State”) or the City of New York (the “City”); student tuition and fees; andfunds held by the State Treasury in income fund reimbursable accounts, such astechnology fees. This Policy does not apply to procurements by The ResearchFoundation of the City University of New York, The City University ConstructionFund, college associations, auxiliary enterprise corporations, college foundations,or other separately incorporated affiliated entities except as described in anypolicies, guidelines, or procedures issued by the University, including any Office ofUniversity Controller Financial Management Guidelines; however, this Policy doesapply to contracts funded by any of these organizations but entered into by theUniversity.

References herein to the “University” shall include each of the University’sC.constituent colleges, including the Central Office.

Policy StatementII.

It is the policy of the University to procure commodities and services in a mannerA.that promotes: (i) the wise, prudent, and transparent use of the resources of theUniversity and the taxpayers of the City and State; (ii) compliance with allprovisions of law governing procurements by the University; (iii) the acquisition ofquality commodities and services at reasonable prices in a timely and efficientmanner; (iv) the maximum feasible participation of New York State-certifiedminority- and women-owned business enterprises (“MWBE”) and service-disabledveteran-owned business enterprises (“SDVOB”) in University procurements, asrequired by law and University policy; and (v) the prevention of favoritism,extravagance, fraud, and corruption, or the appearance thereof.

In furtherance of the above policy, the University shall conduct procurements inB.accordance with the procedures and other requirements set forth below.


General Purchasing RequirementsIII.

All University procurements, regardless of size, must adhere to the followingA.general requirements:

complying with all applicable ethics rules, including purchasing1.commodities and services in the best interest of the University and adheringto the University’s Conflict of Interest Policy and Sections 73 and 74 of theNew York State Public Officers Law;

complying with all laws, rules, and regulations, and intergovernmental 2.directives and agreements, that apply to the University, whether or notspecifically described in this Policy, including the applicable provisions ofthe New York State Education Law and State Finance Law;

conducting all University-wide and Central Office purchases through the3.Office of Budget and Finance and all college-specific purchases through therespective campus Purchasing Departments (collectively, “Purchasing Departments”); no other office or department may conduct procurements orotherwise bind the University to any purchase of commodities or services;

estimating the applicable dollar value of a potential purchase to ascertain4.what procurement methods may be required (and prohibiting the artificialdivision of purchases in order to use the less formal procurement methodsavailable to smaller purchases), and monitoring actual purchases made of thesame commodity or service to determine whether additional procurementrequirements may apply in the future to the same purchase;

ensuring that the commodity or service sought satisfies the University’s5.required form, function, and utility, and determining whether an ExistingContract (as defined in Section V(G)) offers commodities or services thatcan satisfy these requirements;

using competitive solicitation methods (such as quotes, sealed bids, and6.sealed proposals) to the maximum extent practicable when conductingindividual University procurements;

only using form solicitation documents issued by the University’s Office of7.the General Counsel;

promoting the maximum feasible participation of MWBEs and SDVOBs in8.University procurements including, where applicable, setting participationgoals on procurements to encourage MWBEs and SDVOBs to participate assubcontractors or suppliers and ensuring prime contractor compliance withsuch participation goals, as required by law and University policy;

obtaining all necessary internal and external approvals required by applicable9.lawlaws, rules, regulations, intergovernmental directives and agreements,and University policy, including those of the New York State Office of theState Comptroller (the “State Comptroller”), the Board of Trustees, theOffice of the General Counsel, and the Office of Budget and Finance;


advertising procurements as required by applicable law and University10.policy;

maintaining a record of the procurement that demonstrates that all11.requirements of this Policy and of applicable law have been met;

awarding contracts to “responsive” and “responsible” vendors, as defined in12.applicable law;

complying with the University’s contract signing authority policies, as set13.forth by the Board of Trustees and as further delegated by the Chancellor andthe General Counsel of the University;

only executing contracts and other agreements that have been approved as to14.form by the Office of the General Counsel; and

following such other procedures, manuals, memoranda, directives, and the15.like issued by either or both of the Office of the General Counsel and theOffice of Budget and Finance that relate to this Policy.

Overview of Procurement MethodsIV.

The University may conduct procurements of needed commodities and servicesA.through a variety of methods. Among the most common methods are: (1) usingpreferred source offerings, existing centralized contracts of the State, the City, andthe Federal government, University-wide contracts, “piggyback” contracts, andconsortia contracts; (2) competitive solicitations of sealed bids and sealedproposals; and (3) entering into contracts using informal procurement methods, oron a sole source, single source, or emergency basis.

The University may use Existing Contracts, which are established on behalf of theB.University by the Office of Budget and Finance or made available to the Universityby the State, the City, or the Federal government. Among other reasons, becausethe use of these Existing Contracts reduces costs by leveraging collective buyingpower and saves administrative time, this Policy requires that the University usethese contracts under the circumstances set forth below. In addition, in instanceswhere the Office of Budget and Finance has established University-Wide Contracts(as defined in Section V(E)) with vendors on an exclusive basis, the Universitymust use those contracts in all instances unless an exception is granted by the Officeof Budget and Finance. However, if no exclusive University-Wide Contract exists,then the University, through the applicable Purchasing Department, may elect toforgo using any Existing Contracts where the available contracts do not meet theUniversity’s requirements, or where justified by price, as set forth in greater detailbelow. In those cases the University may instead conduct an individualprocurement, including through bids, proposals, quotes, and other methods, or makepurchases on a sole source, single source, emergency or other basis, as permitted bythis Policy.


Order of Purchasing Priority and Procurement MethodsV.

The University shall conduct all procurements of commodities and services,A.including University-wide procurements, using the methods and proceduresdescribed in this Section V. However, in selecting a procurement method, theUniversity shall adhere to the order or priority assigned to these methods in SectionV(B) (such methods and priority, collectively, the “Purchasing Hierarchy”).Sections V(C) through V(G) provide a description of, and procedures for using,each procurement method in the Purchasing Hierarchy. Sections V(E)(3) and V(H)provide a description of exceptions to the Purchasing Hierarchy. The determinationof the appropriate procurement method shall be made by the applicable PurchasingDepartment.

Purchasing Hierarchy. The University shall adhere to the following order of priorityB.when conducting procurements:

New York State Preferred Sources;1.OGS Commodities Contracts;2.University-Wide Contracts;3.Other Centralized Contracts of the State, City, and Federal government;4.any of the following options, which shall be afforded equal priority:5.

Campus Procurements (with or without a formal competitive process•

depending on the total value of the procurement);

“Piggybacking” off of an established governmental contract (other than an•

OGS Commodities Contract or Other Centralized Contract); or

Consortia Contracts approved by the Office of the General Counsel and the•

Office of Budget and Finance; or

Set-Aside Contracts for SDVOBs approved by the Office of the General •Counsel and the Office of Budget and Finance.

Sole Source, Single Source, and Emergency Procurements, where appropriate,6.are exceptions to the above order of priority.

New York State Preferred Sources. In order to advance special social andC.economic goals of the State, the University is required to purchase selectcommodities and services from State-designated organizations that supportemployment of certain individuals, including those with disabilities, in correctionalfacilities, and who are blind. Currently, these organizations include the NYSDepartment of Correctional Services (“Corcraft”), the NYS Preferred SourceProgram for People Who Are Blind (“NYSPSP”), and the NYS Industries for theDisabled (“NYSID”) (collectively, and as updated pursuant to applicable law,“Preferred Sources”). The University is required to purchase from Preferred Sourcescommodities or services that meet the University’s form, function, and utilityrequirements and are offered at a price, as determined by the New York State Officeof General Services (“OGS”), that is no more than 15% greater than the prevailingmarket rate (or in the case of Corcraft, commodities that are offered at a price that


do not exceed a reasonable, fair market rate as determined by the Department ofCorrectional Services (“DOCS”)). Purchases of commodities and services fromPreferred Sources are given the highest priority and are exempt from competitivebidding requirements. The University shall make purchases from Preferred Sourcesin the following manner, and in accordance with any guidelines issued by OGSrelating to Preferred Sources (except to the extent such guidelines in theirapplication to CUNY would conflict with applicable law):

When making any purchase the University must first consider using Preferred1.Sources generally. When purchasing commodities, the University must considerPreferred Sources in the following priority order: (1) Corcraft; (2) NYSPSP; (3)NYSID, or as otherwise required by the State. When purchasing services theUniversity may afford each available Preferred Source equal priority, and ifmore than one Preferred Source can provide the required services, then priceshall be the determining factor.When a commodity or service is available from a Preferred Source in the form,2.function, and utility required by the University, and at prices that are approvedby OGS or DOCS as contemplated in Section V(C) above, then the University isrequired to purchase from the Preferred Source.If the University wishes to purchase a particular commodity or service through a3.competitive solicitation even when the commodity or service is available from aPreferred Source, then the University must compile defensible documentationand evidence justifying why the Preferred Source was not used. If a PreferredSource is not selected, then that Preferred Source also must be given priorwritten notice with an explanation and an opportunity to respond.

OGS Commodities Contracts. OGS has established centralized contracts for aD.wide range of commodities (“OGS Commodities Contracts”). The University shallmake purchases from OGS Commodities Contracts in the following manner:

Where no Preferred Source can meet the University’s form, function, and utility1.requirements for a commodities purchase, or where justified by price, theapplicable Purchasing Department must determine whether the requiredcommodity can be obtained through an existing OGS Commodities Contract. Ifa vendor on an OGS Commodities Contract can provide the neededcommodities and meet the University’s form, function, and utility requirements,then the University shall make the purchase from such vendor, unless theapplicable Purchasing Department makes the determination that it can obtainlower pricing from an alternate source.

When soliciting alternate pricing, the University may seek pricing from the open2.market but, at a minimum, must seek pricing from vendors available throughUniversity-Wide Contracts and Other Centralized Contracts that are available.OGS Commodities Contract vendors must be allowed a minimum of twobusiness days to match any lower price offered to the University. If the OGSCommodities Contract vendor provides written confirmation that it will match a


lower price received by the University on the open market, then the Universityshall purchase from such OGS Commodities Contract vendor. If the OGSCommodities Contract vendor is unable or unwilling to match the lower price,the University must document this in the procurement record and may proceedwith the open market purchase.

University-Wide Contracts. The Office of Budget and Finance has established aE.number of University-wide Contracts, some on an exclusive basis, with vendors forcertain commodities or services (“University-Wide Contracts”). The Universityshall make purchases from University-Wide Contracts in the following manner:

If no applicable Preferred Source or OGS Commodities Contract can meet the1.University’s form, function, and utility requirements, or where justified byprice, the applicable Purchasing Department must determine whether therequired commodity or service can be obtained through an existingUniversity-Wide Contract.

If the University’s requirements can be met through an existing2.University-Wide Contract, then the University must purchase suchcommodities or services through the available University-Wide Contract,unless the applicable Purchasing Department makes the determination that itcan obtain lower pricing from an alternate source. Any questions relating toUniversity-Wide Contracts must be directed to the Office of Budget andFinance.

In some instances the Office of Budget and Finance has established3.University-Wide Contracts with vendors on an exclusive basis. Theseexclusive University-Wide Contracts are an exception to the PurchasingHierarchy and must be used in all instances on a first-priority basis by theUniversity unless an exception is granted by the Office of Budget and Finance.

Other Centralized Contracts. If no Preferred Source, OGS Commodities Contract, orF.University-Wide Contract can meet the University’s form, function, and utilityrequirements, or where justified by price, the University may make purchases ofcommodities and services through centralized contracts let by certain agencies andentities of the State, the City, and the Federal government. Specifically, theUniversity may make purchases through (1) services contracts let by OGS and (2)contracts identified by the Office of Budget and Finance as having been procured bythe following agencies and made available to the University: the City’s Departmentof Citywide Administrative Services; the City’s Department of InformationTechnology & Telecommunications; the Board of Education of the City of NewYork; the U.S. General Services Administration; and such other governmentalagencies and entities as may be identified by the Office of the General Counsel andthe Office of Budget and Finance (collectively, “Other Centralized Contracts”). TheUniversity shall make purchases from Other Centralized Contracts in the followingmanner:


Where no Preferred Source, OGS Commodities Contract, or University-Wide1.Contract can meet the University’s form, function, and utility requirements for apurchase, the applicable Purchasing Department must determine whether therequired purchase can be made through any Other Centralized Contract.

The University must use any available Other Centralized Contracts that have2.been identified in writing by the Office of Budget and Finance and that can meetthe University’s form, function and utility requirements.

When considering Other Centralized Contracts the University shall afford each3.available contract equal priority, and shall award to the vendor that can meet theUniversity’s form, function, and utility requirements at the lowest price.

In addition, the University may make purchases using a Campus Procurement,4.Piggyback, or a Consortia Contract, instead of using an Other CentralizedContract, when justified by price.

Purchases By Campuses. If no Preferred Source, OGS Commodities Contract,G.University-Wide Contract, or Other Centralized Contract (collectively, “Existing Contracts”) can meet the University’s form, function, and utility requirements, orwhere justified by price, the University may make arrangements to purchase theneeded commodities or services on its own, including, conducting its ownprocurement, making “piggyback” purchases through other governmental contracts,or purchasing through contracts established by purchasing consortia, as more fullydescribed below. The options described in this Section V(G) shall be afforded equalpriority.

Campus Procurements. If no Existing Contract is available that can meet the1.University’s form, function, and utility requirements, or where justified by price,the University may purchase the needed commodity or service through anindividual procurement conducted by the University (a “Campus Procurement”).In conducting Campus Procurements the University may, depending on the sizeof the resulting purchase, use informal purchasing methods (e.g., internalresearch, quotes) or formal purchasing methods (e.g. competitive sealed bids orproposals).

Informal Purchasing Methods. When conducting a Campus Procurement,a.

the University is generally required to use formal competitive purchasingmethods such as sealed bids and sealed proposals (as further describedbelow in Section V(G)(1)(b) below, “Formal Purchasing Methods”).However, when making purchases under certain dollar thresholds theUniversity may use the informal purchasing methods described in thisSection V(G)(1)(a) (“Informal Purchasing Methods”) in lieu of FormalPurchasing Methods. Specifically, Purchasing Departments may useInformal Purchasing Methods for general purchases that are less than$100,000,250,000, or such higherother amount authorized by the StateComptroller. In addition, when(x) when an award is made for certain food


products that are grown, produced or harvested in New York State, Purchasing Departments may use Informal Purchasing Methods for purchases up to $200,000, as authorized by the State Finance Law and (y) when an award is made to a New York State small business or a New YorkState-certified MWBE or SDVOB, or when the University is purchasingrecycled or remanufactured commodities or technology or certain food products that are grown, produced or harvested in New York State,Purchasing Departments may use Informal Purchasing Methods forpurchases up to $200,000,500,000, as authorized by the State Finance Law(collectively, “Enhanced Informal Purchases”). When using InformalPurchasing Methods Purchasing Departments may make purchases from anyresponsive and responsible vendor whose goods or services meet theUniversity’s form, function, and utility requirements and are offered at areasonable price, as determined by the Purchasing Department. TheUniversity must follow generally-applicable procurement rules (includingthose listed in Section III) when using Informal Purchasing Methods.Informal Purchasing Methods include Purchasing Departments conductingresearch into products or services that meet the University’s needs,determining the reasonableness of pricing and vendor responsibility, andjustifying the selection of a particular vendor in the procurement record.Purchasing Departments will determine the reasonableness of pricing as setforth below.

For purchases that are less than $20,000, Purchasing Departments musti.obtain multiple oral or written quotes, or conduct and document internalor external pricing research, or use a combination thereof. While noformal competitive processes are required, Purchasing Departments areencouraged to use competition where possible.For purchases of $20,000 or more but less than $50,000, Purchasingii.Departments must obtain a minimum of three written quotes fromvendors.For purchases of $50,000 or more but less than $100,000250,000 (oriii.less than $200,000 in the case ofthe applicable maximum dollar threshold for Enhanced Informal Purchases), or up to such higherotheramount authorized by the State Comptroller, Purchasing Departmentsmust obtain written quotes from vendors after publicly advertising theprocurement in accordance with applicable law and University policy.The University has determined a price to be fair and reasonable if it isiv.within 15% of the lowest current price offered from other responsivevendors or within 15% of the other current pricing indicator used by theUniversity. In the event an award is made to a responsive andresponsible vendor whose price is greater than (but within 15% of) thelowest current offered price or other current pricing indicator available,


the Purchasing Department must maintain documentation in theprocurement record of the rationale for the selection of the vendor.

Formal Purchasing Methods. The University shall use Formal Purchasingb.

Methods for all purchases of $100,000250,000 or more, or in excess of suchhigherother amount authorized by the State Comptroller. Formal PurchasingMethods shall include: (i) sealed competitive bids; (ii) requests forproposals; and (iii) such other methods as may be approved by the Office ofthe General Counsel and the Office of Budget and Finance. In the case ofsealed competitive bids, awards shall be made to the responsive andresponsible vendor offering the lowest price, as determined by the applicablePurchasing Department. In the case of requests for proposals, awards shallbe made on the basis of “best value” to the responsive and responsiblevendor whose proposal optimizes quality, cost and efficiency, as determinedby the applicable Purchasing Department and an evaluation committee. TheUniversity may reject all bids or proposals received, or make multipleawards, where the University determines that doing so shall be in its bestinterest.

“Piggyback” Contracts. If no Existing Contract is available that can meet the2.University’s form, function, and utility requirements, or where justified by price,the University may make purchases through contracts let by other governmentalentities (a “Piggyback”) after obtaining the approval of the Office of the GeneralCounsel and the Office of Budget and Finance and after obtaining all requiredexternal approvals.

Consortia Contracts. In some instances, multiple entities have agreed to3.purchase commodities collectively as a consortium and at lower prices thanwould be otherwise achievable through purchases by such entities individually.If no Existing Contract is available that can meet the University’s form, function,and utility requirements, or where justified by price, the University may makepurchases of commodities from contracts let by such purchasing consortia(“Consortia Contracts”), after obtaining the approval of the Office of the GeneralCounsel and the Office of Budget and Finance and after obtaining all requiredexternal approvals.

Set-Aside Contracts for SDVOBs. CUNY may “set-aside” contracts for 4.competitive solicitation specifically to New York State-certified SDVOBs, after obtaining the approval of the Office of the General Counsel and the Office of Budget and Finance and after obtaining all required external approvals. A minimum of three certified SDVOBs must be available in the market, during the time of the solicitation process, to be eligible for a set-aside procurement.

Exceptions to the Purchasing Hierarchy. In addition, the University may forgo theH.Purchasing Hierarchy in instances of documented sole source, single source, andemergency purchases. The University is not required to use Existing Contracts,


Piggybacks, or Consortia Contracts, or follow Formal Purchasing Methods orInformal Purchasing Methods for Campus Procurements, in the following instances:

Emergency Contracts. In the rare case of an emergency arising out of an1.unforeseen occurrence or condition or situation where a threat to health, safety,life, or limb exists, or where a necessary service is threatened with materialdamage or suspension, or where University buildings or property are threatened,the University may authorize the award of a contract on other-than-a competitivebasis. For each such procurement, there shall be a declaration of emergency and awritten record setting forth the basis for concluding that there was an emergencyand the abbreviated procurement methods used to identify the selectedcontractor. The University shall submit such declaration and record to the SeniorVice Chancellor and Chief Financial Officer and to the General Counsel, andshall promptly submit any resulting contract to the City or State, as appropriate,for payment. In all instances the applicable Vice President for Finance andAdministration, or equivalent, shall make the final determination of whether anemergency procurement is appropriate.

Single Source. The University may authorize the award of a contract on2.other-than-a competitive basis, even though two or more firms can supply therequired commodity or service, if the University determines that either: (a) oneparticular firm has unique knowledge or expertise with respect to the requiredcommodity or service rendering the use of competitive procedures impractical; or(b) other material or substantial reasons exist for awarding the contract onother-than-a competitive basis. The University shall advertise each suchprocurement as required by law, and shall create and maintain a written recordsetting forth the basis for justifying the single source procurement, including themethods and rationale for selecting the contractor, alternatives considered andwhy the alternatives do not meet the University’s needs, and a determination thatthe vendor’s price is fair and reasonable. In all instances the PurchasingDepartment shall make the final determination of whether a single sourceprocurement is appropriate.

Sole Source. When there is only one source for a required commodity or service,3.the University may authorize the award of a contract for that commodity orservice on other-than-a competitive basis. The University shall advertise eachsuch procurement as required by law, and shall create and maintain a writtenrecord setting forth the basis for justifying the sole source procurement, includingthe methods and rationale for selecting the contractor, a determination ofexclusive capability of the vendor or product, alternatives considered, and adetermination that the vendor’s price is fair and reasonable. In all instances, thePurchasing Department shall make the final determination of whether a solesource procurement is appropriate.


Policy Implementation and Amendments; Effect on Awarded ContractsVI.

The University shall comply with this Policy, except in instances where an exceptionA.to this Policy has been approved in writing by the General Counsel and the SeniorVice Chancellor and Chief Financial Officer, or their successors or designees.

The University shall comply with any procedures, manuals, memoranda, directives,B.and the like issued prior to or following the effective date of this Policy by either orboth of the Office of the General Counsel and the Office of Budget and Finance thatrelate to this Policy (“Administrative Guidance”). Subject to the other provisions ofthis Section VI, in the event of any conflict between this Policy and anyAdministrative Guidance, this Policy shall govern to the extent of the conflict. ThisPolicy supersedes and renders void the University’s Purchasing Policy Manualapproved by the Board of Trustees on October 23, 1995 and as may have beenrevised from time to time.

The General Counsel and the Senior Vice Chancellor and Chief Financial Officer orC.their successors may modify, supplement, or update this Policy, subject to the Boardof Trustees’ ratification, as they may deem necessary to implement changes

in law, regulations, and administrative requirements, and to ensure consistency withother University policies.

Nothing contained in this Policy shall be deemed to (1) alter, affect the validity of,D.modify the terms of, or impair any contracts or agreements issued or entered intoprior to the effective date of this Policy or (2) confer upon any person, firm, orcorporation any right, remedy, claim, or benefit under, or by reason of, anyrequirement or provision hereof.

Adopted by the Board of Trustees on February 21, 2017 and amended on October 28, 2019

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Document 1 IDfile://H:\RN\Policies and Procedures\Purchasing Policy -Guidelines\CUNY Procurement Policy [Adopted by Boardof Trustees 2-21-17].docx

DescriptionCUNY Procurement Policy [Adopted by Board of Trustees2-21-17]

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file://H:\RN\Policies and Procedures\Purchasing Policy -Guidelines\CUNY Procurement Policy Adopted by Boardof Trustees DRAFT v. 7 [Clean for Board 10-28-19Meeting].docx

DescriptionCUNY Procurement Policy Adopted by Board of TrusteesDRAFT v. 7 [Clean for Board 10-28-19 Meeting]

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College Name Type Comments

City College Grants for the period 9/17/19 to 11/5/19 Sixty-seven (67) grants for a total of $21,942,511. Largest grant was from the NYC Department of Administrative Services in the amount of $4,554,312.

Graduate Center Grants for the period 9/14/19 to 11/5/19 Eight (8) grants for a total of $644,373. Largest grantor was from NASA in the amount of $220,988.

John Jay College Grants for the period 3/20/19 to 10/19 Sixteen (16) grants for a total of $6,698,100. Largest grant was from the Robin Hood Foundation in the amount of $1,033,000 related to the college’s Acceleration, Completion, Engagement (ACE) program.

Kingsborough Community College

Grants for the period 9/1/19 to 10/31/19 Two (2) grants for a total of $264,000. Largest grant was from New York State Supplemental Nutrition Assistance Employment and Training (SNAP E&T) Venture IV Program in the amount of $200,000.

LaGuardia Community College

Grants for the period 9/1/19 to 11/1/19 Nine (9) grants for a total of $7,670,332. Largest grant was from NYC Economic Development Corp in the amount of $2,561,938.

Lehman College Grants for the period 9/1/19 to 9/4/19 One (1) grant for a total of $5,416,270 from the US Department of Education.

College of Staten Island Grant Programs

Five (5) grants for a total of $639,778. Largest grant was for the Liberty Partnership program in the amount of $450,000.

Queens College Grants for the period 7/1/19 to 10/11/19 Four (4) grants for a total of $2,887,551. Largest grant was from the US Department of Education in the amount of $1,194,651.

School of Professional Studies

Grants for the period 9/18/19 to 9/4/19 Three (3) grants for a total of $134,000. Largest grant was from the NY Community Trust in the amount of $119,000.

Committee on Fiscal Affairs - Information Items - December 2019

board of trustees of the city university of new york ... · lehman college, the school of...

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