You can purchase commodities/goods and services. Commodities/goods can include but are not limited to pens, furniture, lab equipment, and other tangible goods.  Services can include but are not limited to consultants, security guards, maintenance, and software as a service.

The purchasing departments are here to facilitate and execute the buying function of commodities and services and to serve our departments/end users with quality service, timely delivery, and “best value” available in the marketplace, while fostering sound business controls to protect the assets of the University.

The source of the funds we spend is predominantly taxpayer and student tuition dollars. As a governmental entity, the University is subject to New York State Procurement laws, audits, and public scrutiny. The University has a fiduciary responsibility to protect its public assets and be fair to vendors, which mandates transparency of processes unique to publicly funded institutions.

Although you may feel overwhelmed by all the purchasing requirements and procedures, it is not intended to confuse or hinder, but to encourage competition, ensure transparency of operations, and deter favoritism and malfeasance.

1. The Purchasing Department staff is available to conduct and execute all of your purchases by obtaining the best value and to assist you in understanding the overall process. The practice of competitive solicitation tends to drive prices downward and ensures the participation of a representative cross-section of qualified vendors, thereby guarding against favoritism and fraud. We are a public university, and we are firmly committed to prudent and effective stewardship of resources.
2. The Purchasing Department is here to help you avoid incurring personal liability and negative publicity and to ensure an open process and compliance with laws. To guarantee effective buying of commodities and services for the Colleges of the University, it is essential that the authority to purchase and the responsibility for purchasing be clearly defined: the University has charged Purchasing Departments with the responsibility of buying commodities and services for the Colleges of the University while following state laws and university guidelines.

Please note: Commitments made by an unauthorized individual are subject to non-payment by the University and personal payment by the unauthorized individual. If you have not been specifically granted authority to commit the College or the University, then you are not authorized to make commitments on behalf of the College/University. In other words, unless there is a memo on file with the University that specifically grants you authority to sign, you may not sign any agreement, sales acknowledgment, order forms, license, or any other document that may require a signature.

1. Who may make purchases?
   1. Only the Purchasing Department at your College or Office has the sole authority to make purchases of commodities and services on your behalf.
2. Who may not make purchases?
   1. Faculty, staff, and administrators do not have the authorization to procure commodities or services or enter into contractual relationships with vendors or make any commitments on behalf of the College/University. While it is often appropriate and necessary for faculty, staff, and administrators to provide information regarding an anticipated procurement to the Purchasing Department, only the Purchasing Director or his/her designee may sign a purchase order or a procurement contract. The signature of an authorized member of the Purchasing Department staff certifies that applicable policies have been followed.
   2. Commitments through quotes, work statements, letters, or memoranda, whether made orally or in writing, made by an unauthorized individual are subject to non-payment by the University and personal payment by the unauthorized individual.

Please note: It is a violation of New York State Finance laws to procure a service or commodity without acquiring necessary approvals and documents in advance.

Other areas that are involved in the purchasing process are:

1. Office of the General Counsel – reviews all contract terms and conditions, solicitations and provides regulatory guidance; signs all contracts with a value greater than $100,000;
2. University Office of Budget and Finance – provide/allocates budget to departments, is responsible for CUNY’s Supplier Diversity program, provide guidance the University’s Account Payable teams, and ensure proper accounting of funds for CUNY’s annual third-party audit.
3. The Board of Trustees – approves all purchases of $500,000 and over.
4. Attorney General – reviews and approves all legal services contracts and all other contracts that are $250,000 or more.
5. City Comptroller – reviews all contracts that are funded with city tax levy funds and are $100,000 or more in value.
6. State Comptroller – reviews all contracts that are funded with state tax levy funds and are $250,000 or more in value; grants exemption from advertising for all single/sole source procurements $50,000 and more.
7. New York State Contract Reporter-a state generated platform for advertising all purchases of $50,000 and more.
8. City Record- a city generated platform for advertising all purchases of $50,000 and more.

Purchasing with information and assistance from the requester:

1. Direct requesters to information about products, suppliers, market prices, product availability, and possible alternative resources;
2. Determine the best procurement method;
3. Ensure best value for the College and the University (where the University is not awarding based on the lowest price without regard to other qualifications such as product quality or service);
4. Save you (your department, your College) money;
5. Provide an effective interface with vendors and potential suppliers;
6. Ensure compliance with applicable state laws and regulations, in tandem with CUNY policy and practices;
7. Conduct requests for quotes and solicitations, evaluate quotes, bid submissions, and conduct vendor reference checks;
8. Facilitate the timely delivery of goods and services;
9. Assist in resolving disputes and discrepancies between items ordered and items received;
10. Maintain vendor relationships;
11. Help you avoid pitfalls when dealing with vendors;
12. Protect the College against legal actions;
13. Avoid complaints by vendors; avoid challenges to purchases;

1. All purchases made using tuition funds or public/taxpayer dollars (State and City funds) are subject to New York State laws (especially Finance and Education Laws), the rules and regulations promulgated by the Office of the State Comptroller, and the official policies mandated by the Board of Trustees of the City University of New York. In addition, the offices of the State and City Comptrollers have the authority to approve or deny payments and/or contracts and perform audits on various transactions processed by Purchasing.
2. You must plan ahead of time. If you need to make a purchase, reach out and discuss this with your Purchasing Department and they will provide you with the necessary guidance to achieve a successful procurement.
3. CUNY employees who direct a vendor to provide commodities or services without following proper procedures through the Purchasing Department may be personally liable, and vendors who provide commodities or services without following proper procedures through the Purchasing Department may be subject to non-payment.

1. No; you may not sign any purchasing-related documents or documents provided to you by a vendor, on behalf of the College or the University unless you have been specifically delegated authority to do so by the College’s Purchasing Director and the document has been approved by the Office of the General Counsel.
   1. You must not accept “click-through” (“click-wrap”, “click-and-accept”) agreements; that would be the equivalent of signing a vendor’s agreement that has not been approved as to form by the Office of the General Counsel. You must not purchase IT hardware, software, or services with a P-card, since these typically include a vendor agreement that you are deemed to have signed and accepted by making the purchase and using the product or services.
2. Pursuant to the Advisory Memo from General Counsel and Senior Vice Chancellor for Legal Affairs Frederick P. Schaffer to the Chancellor, Council of Presidents, Cabinet, Administrative Council, University Controller, Legal Affairs Designees, and Purchasing Directors dated January 31, 2011, only the following individuals have been delegated the authority to sign documents on behalf of Colleges and/or the University, provided that any such document has first been approved by the Office of the General Counsel
   1. General Counsel;
   2. Associate Vice Chancellor & University Chief Information Officer;
   3. University Executive Controller;
   4. Chief Procurement Officer (or designees);
   5. Vice Chancellor for Facilities Planning, Construction & Management;
   6. Executive Director of Fiscal Management in the Department of Facilities, Planning, Construction and Management;
   7. College Presidents;
   8. College Vice Presidents for Finance & Administration; and
   9. College Purchasing Director (and designees).

Please Note: As a general rule – do not sign anything. Anything in writing can be deemed a contract or a commitment – quotes, invoices, letters, letters of intent, memoranda of understanding, purchase orders, work scopes, work orders, service agreements, vendor letters, vendor terms and conditions, agreements, letter agreements, vendor agreements, etc. Generally, College staff not in the Purchasing Department is only authorized to sign purchase requisitions and receive reports.

1. Every instance of smart buying involves clear, detailed specifications. The requester must provide a clear, accurate description of the goods (commodities) and services.
   1. Specifications, including such information as dimensions, materials, capacities, performance, and warranties, need to be established and written clearly and unambiguously to accurately and objectively compare competing products and services and to ensure desired product acquisition.
   2. Ask your Purchasing Department for a specifications outline or the questions you must answer in order to provide the Purchasing Department with the clear, detailed specifications necessary.
2. Purchasing Department staff, having the responsibility for executing the procurement of a wide variety of products and services, cannot have full expertise across the full purchasing spectrum and must, at times, seek the assistance of initiating departmental staff or others in specification development. External expertise for specification development may also be sought, whether from OGS, other Colleges, all toward the goal of prudent and proper purchasing. Note, however, that a vendor with whom you consult in developing specifications for a purchase can be disqualified from participating in the procurement directly.

1. Involve and communicate with Purchasing as soon as you have identified your needs or when you are first considering a purchase. This can help to save time and effort by getting guidance towards the best procurement method early.
2. Submit your requisitions for major purchases as early in the fiscal year as possible.
   1. The CUNY fiscal year runs from July 1st – June 30th. All requisitions must be submitted to Purchasing no later than the year-end deadline that is mandated by your College (often April 1, but may be earlier). Please note that purchases that require a competitive solicitation process may not be completed by fiscal year-end if requisitions are not submitted in a timely manner.
   2. Please note that the CUNY Board of Trustees must approve a Board Resolution for each and every purchase that has a value of $500,000 or greater. Board resolutions must be submitted by the College four weeks in advance of each of six Board meetings that take place annually. The Board generally meets on the last Monday of the following months: September, November, January, February, April, June.
3. Share your expertise; it is needed to facilitate the purchasing process.
   1. Educate us! Share your product/vendor research.
   2. Base your request and specification on the need being addressed, including required performance standards, rather than brand, vendor preference, or loyalty.
   3. Provide Purchasing with a proper description and detailed information regarding the requested purchase so that Purchasing can specify the correct merchandise and services, consistent with quality requirements. The more information you provide to us and the better we understand your needs, the easier it will be for us to help you get the stuff you need.
   4. Be available for a “needs interview”. Note: sometimes, we may ask you for information that may seem irrelevant (at first); but there’s usually a good reason for the questions.
   5. Indicate timing requirements/constraints early.
4. Learn the system. There are laws and policies that govern how we purchase. As CUNY employees, we are obligated to abide by State laws and University policies.
5. Work with (in) the system. Don’t try to make purchases on your own and then ask for help (forgiveness) afterward; it’s inefficient and frustrating for everyone and often takes longer than if done properly, to begin with. The job will get done faster when we work together.
6. Contact us if you have any questions or concerns. We are here to help you obtain the goods and services that you need and expect.
7. Tell us right away (and take notes!) if you are unhappy with the goods/services or a selected vendor in any way. Send purchasing a list of specific reasons for dissatisfaction so your concerns and issues can be included in the Purchasing Department’s files and can help provide a basis for not selecting this vendor in a future procurement effort. If the problem is not resolved through an informal discussion with the vendor, the vendor must be given written notice of the College’s dissatisfaction and provided an opportunity to address the issues raised and/or fix the problem(s). Take detailed notes regarding the conversations you have with a vendor who has provided unsatisfactory goods or services, including the date and time of such conversations. Always include the name(s) of the individual(s) you speak to. Forward copies of notes to Purchasing. Remember that the State generally frowns upon disqualifying vendors, so strong evidence of dissatisfaction is necessary to disqualify a vendor. If you do not develop and record such evidence, the college may have no basis for giving a low score or negative evaluation to the vendor in a new solicitation.

1. Call purchasing right away. Provide Purchasing with the purchase order number for reference.
2. If instructed by Purchasing to do so, take notes: take and keep a detailed log (by date/time and to whom you spoke) regarding what went wrong, and send the log to Purchasing.
3. Give Purchasing support in notifying the vendor of the problem(s) encountered and, if appropriate, facilitate efforts to give the vendor an opportunity to fix the problem(s).
4. If the item(s) ordered were not what the user department wanted, then work with the vendor to have the item(s) returned and work with the department to re-order what is needed.
5. Note that without “proof’ (e.g. a record of poor service, non-delivery, inferior products, non-compliance with terms and conditions agreed upon), the University will not be able to refuse to engage this vendor the next time. Purchasing needs your help and input to create a record of what went wrong for its files.

1. Once your department has identified a need for a good and or service and a requisition has been submitted to the Purchasing Department, all communication with vendors must cease to ensure a level playing field for vendors and to avoid attempts to influence a procurement. This is deemed the restricted period and continues until the award of a contract with all necessary approvals is acquired. The Procurement Lobbying Act applies to you, whether you are an employee of the University, one of the Colleges, or you are a member of the business community interested in or doing business with the University. See Procurement Lobbying Act – Advisory Memo from Senior Vice Chancellor and General Counsel Frederick P. Schaffer and Controller Barry Kaufman to the Presidents, Provosts, and Vice Presidents of Finance and Administration dated January 23, 2007, concerning this topic, please ask your Purchasing Department or OGC for the current advisory memo. See also http://ogs.ny.gov/acpl/.
2. The Record of Contact form is a form that each CUNY employee must complete, sign, and immediately submit to the Purchasing Department if s/he receives a Contact (i.e. oral, written, or electronic communications that a reasonable person would infer are attempts to influence a procurement at the College/University) from a vendor during a Restricted Period, even if the employee is the Designated Contact. Please ask your Purchasing Department for the current Record of Contact Form.
3. What are the consequences/penalties for violating the Procurement Lobbying Law?
   1. If a vendor knowingly and willfully violates the law, then the vendor and its subsidiaries, related entities, and successor entities will be found “non responsible” (defined in the law) and may not be awarded the contract. Two such findings within four years will result in debarment, that is, the vendor will be ineligible to respond to any solicitation or be awarded any (New York State) procurement contract for four years from the date of the second finding of non-responsibility.
   2. It is not yet clear what the consequences might be if the University is found to violate the Act, but it is likely that the subject contract would not be registered (and would therefore be invalid and would not be paid).
4. What is Project Sunlight? Does it affect communications during the procurement process?
   1. Project Sunlight, an important component of the Public Integrity Reform Act of 2011, is an online database that provides the public with an opportunity to see the individuals and entities that are interacting with government decision-makers. Unlike the Procurement Lobbying Act, which applies during the procurement process, the reporting rules of Project Sunlight apply only when no procurement process with respect to a good or service has been initiated. The University must report, within five business days where feasible, any “appearance” between covered individuals that concerns a potential procurement, regardless of any actual procurement is anticipated at the time. Any individual at the University who has the power to exercise discretion in a procurement is a covered individual.
   2. For purposes of the Act an appearance if it is a substantive interaction that is meant to affect the decision-making process of the University. Only in-person meetings and video conferences may be considered appearances. Phone calls, emails, letters, and faxes are not considered appearances and are not reported to the Project Sunlight database.

Call your College’s Information Technology department (“IT”) first. All computer­ related procurements require approval by the University’s Chief Information Officer (“CIO”) to prevent duplicative and incompatible purchases. The Purchasing Departments are prohibited from executing requisitions for computer-related goods until approved by the University CIO or its designee.

When software is purchased, please note that no one is permitted to “click-through” to agree to user licenses, software licenses, subscriptions, or the like, unless CUNY OGC has reviewed the terms of such agreement and approved them. If you are uncertain whether the click-through terms have been approved by CUNY OGC (or are otherwise overridden by a written agreement between CUNY and the vendor), do not click without first having contacted the Purchasing Department.

Call Campus or Central Office Facilities/planning first; furniture acquisition generally requires review and approval of the Department of Facilities, which must be consulted before requisitions for furniture are prepared. Requisitions for furniture will be routed to a Category Approver for requisition category workflow approval.

*Don’t forget: lead time for furniture purchases may be significant – often 8 weeks or more. Ask your purchasing department to speak with the furniture representative to discuss lead times that cross holidays, as some areas experience industry-wide closures (such as during late December/early January).

1. Purchases made using a College1s non-tax levy funds are not governed by State procurement laws and are not covered by these guidelines; however, the College is the entity making the purchase, and sound purchasing procedures must still be followed, demonstrating the College’s/University’s fiduciary responsibility to protect its public assets and fairness to vendors. This means the Purchasing Department generally follows State procurement laws and University regulations. The Purchasing Department will consult with CUNY’s Office of General Counsel as necessary. If any contract is funded partially from New York State funds or if a contract is expected to convert (in full or in part) to New York State funding in some future year, full compliance with New York State regulations and these guidelines is required from the outset. It would be wise to remember that purchases made with private monies are a University purchase and look like a University procurement.
2. Contracts entered into by separately-incorporated related entities such as auxiliary enterprise corporations and student associations are also outside State procurement laws and these guidelines. Nevertheless, as with a College’s non-tax levy money purchases, related entity purchases must be conducted in a fiscally prudent manner and, in the case of auxiliaries and associations, in compliance with the CUNY Office of Budget and Finance Financial Management Guidelines for these entities. Related entity contracts must be procured using the appropriate related entity documents and forms (e.g., RFQ, PO, RFP, etc.) and must be signed by an authorized signatory of the entity. A contract procured using College/University documents or forms is a University purchase, even if funded by a related entity. The CUNY Related Entities Group counsel in CUNY’s Office of General Counsel can assist with related entity procurements.
3. Similarly, the regulations and procedures of the State and CUNY do not apply to the CUNY Research Foundation (“CUNY RF”), a legally separate New York State corporate entity established to administer externally funded grants. The CUNY RF’s policies and procedures do reflect sponsor mandates (federal agencies, etc.) and parallel CUNY to the extent feasible. Purchases against CUNY RF grants are processed independently from State-funded purchasing, following CUNY RF procedures and using CUNY RF forms. While not subject to State laws regarding procurement, procurements conducted by the CUNY RF still require diligent stewardship of resources and consideration that the purchases appear to the world as being made by CUNY.
4. There are cases in which funding for a single purchase may be shared by both State and RF resources. In such a circumstance, both sets of procedures must apply, with the stricter standards (usually State) prevailing. It is vital therefore that good planning and coordination occur to successfully process split-funded purchases.
5. Be reminded, however, that no construction-related contracts (and that includes architectural, consultant, and engineering services) may be entered into by any University-related entity without FPCM regardless of funding source.

1. It is the University’s policy and commitment to make good faith efforts to ensure that New York State-certified Minority and Women-owned Business Enterprises (“MWBEs”) and New York State-certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”) are given the opportunity to provide the University with commodities and services at competitive prices. The University recognizes the potential economic and social benefits of working with MWBEs and SDVOBs. Our MWBE and SDVOB programs are collectively called CUNY’s Supplier Diversity program.
2. In furtherance of this commitment, the University establishes a University-wide Supplier Diversity Goal for MWBE and SDVOB participation, to be calculated on an annual, fiscal year basis. Each College shares accountability to achieve these goals each year, and progress is actively monitored by the College in collaboration with the Office of Budget and Finance.
3. CUNY’s Supplier Diversity program is also required by Article 15-A of the NYS Executive Law (MWBE) and Article 17-B of the NYS Executive Law (SDVOB). It is the University’s policy to extend the spirit of these Executive Laws to all CUNY procurements, including those procurements by our community colleges. CUNY will only recognize certifications issued by the State of New York. We do not recognize certifications issued by the federal government or by the City of New York.
4. Empire State Development Corporation (ESD) has a searchable database that is useful in locating certified MWBEs (https://ny.newnycontracts.com). The NYS Office of General Services (OGS) has a spreadsheet that is useful in locating SDVOBs (https://ogs.ny.gov/veterans).
5. The University reports senior college MWBE utilization to ESD which is responsible for monitoring senior colleges’ MWBE utilization and measuring it against the University’s Supplier Diversity Goal. The University reports senior college SDVOB utilization to OGS which is responsible for monitoring senior colleges’ SDVOB utilization and measuring it against the University’s Supplier Diversity goal. This information is also made public by the State.
6. When engaging MWBE and SDVOB vendors, all existing procurement rules apply. The University reminds purchasing staff that there is an increase to the informal purchasing (discretionary procurement) threshold – up to $500,000 – when targeting MWBEs and SDVOBs, among other targeted business types. Note that construction and construction-related services are not permitted through informal purchases. Additionally, the University may “set-aside” procurements exclusively to NYS-certified SDVOBs. There is no dollar limit for “set-asides” and is also available for construction and construction-related services.
7. Purchasing staff are strongly encouraged to purchase directly from NYS-certified MWBEs and SDVOBs through available governmental contracts and the University’s discretionary purchasing authority to meet the dual goals of procurement efficiency and Supplier Diversity participation.
8. MWBE/SDVOB Subcontracting Goals – MWBEs and SDVOBs also may serve as subcontractors or suppliers on University contracts. All contracts exceeding $25,000 for labor, services, (including financial, printing, and other professional services), travel, supplies, equipment, materials, or combination of the items listed, and contracts exceeding $100,000 for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements must be assessed for practicable, feasible, and appropriate MWBE and/or SDVOB subcontracting goals.
   1. Goals – Purchasing staff must set MWBE and/or SDVOB subcontracting goals, tailored to each solicitation, expressed as a percentage of project value payable to MWBEs and SDVOBs as subcontractors or suppliers (MWBE/SDVOB Subcontracting Goal). Any subcontracting goal that is less than the University’s current goal must be reviewed by the Office of the University Controller.
   2. Utilization Plans – If a University contract has an established MWBE and/or SDVOB Subcontracting Goal, then the Contractor is required to submit a Utilization Plan setting forth the Contractor’s efforts to meet CUNY’s Supplier Diversity Goal. The University requires all Proposals submitted in response to RFPs to include a Utilization Plan. When evaluating Bids submitted in response to IFBs, the University requires the responsible Bidder offering the lowest Bid Price (the apparent awardee) to submit a Utilization Plan. All Utilization Plans must be reviewed by the Office of the University Controller.
   3. Waivers – If the prime contractor cannot meet the established MWBE and/or SDVOB Subcontracting Goal, that vendor may apply for a waiver (or partial waiver) of goals from the University. Waivers must be reviewed by the Office of Budget and Finance.
   4. Quarterly Contractor Compliance Report – Each quarter, prime contractors with MWBE and/or SDVOB subcontracting goals must submit a Quarterly Contractor Compliance Report to notify the University of all payments made to MWBE/SDVOBs in accordance with their respective agreements. The colleges submit these reports to the Office of Budget and Finance.
9. Additional information regarding CUNY’s Supplier Diversity program is available on the Sell to CUNY website at cuny.edu/selltocuny. Administrative guidance on CUNY’s Supplier Diversity Program is available on the OBF Resources webpage.