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Doing Business with theDoing Business with the
State University State University Construction FundConstruction Fund
2008
Table of ContentsTable of ContentsState University Construction State University Construction
Fund………………….2Fund………………….2SUNY Capital SUNY Capital
Plan………………………………………….5Plan………………………………………….5Services Procured.......Services Procured.......
……………………………………7……………………………………7Design Consultant Design Consultant
Services……………………………13Services……………………………13Construction Management Construction Management
Services………………..16Services………………..16Construction Construction
Contracts………………………………….18Contracts………………………………….18Payment Payment
Process…………………………………………..22Process…………………………………………..22MWBE Requirements.MWBE Requirements.
…………………………………...23…………………………………...23Upcoming Upcoming
Projects………………………………………..25Projects………………………………………..25Vendor Responsibility Vendor Responsibility
Determinations……………..27Determinations……………..27SUCF Contact SUCF Contact
Information……………………………..35Information……………………………..35
State UniversityConstruction Fund
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State University Construction FundState University Construction Fund
Public Benefit Corporation established under Public Benefit Corporation established under Article 8-A of NYS Education Law Article 8-A of NYS Education Law
Provides funding, planning, design and Provides funding, planning, design and construction management for SUNYconstruction management for SUNY
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Mission StatementMission Statement
“…To provide academic buildings, dormitories and other facilities for the State-operated institutions and contract and statutory colleges under jurisdiction of the State University, to reduce the time lag between determination of need for such facilities and actual occupancy thereof, to expedite the construction, acquisition, reconstruction and rehabilitation or improvement of such facilities and to assure that the same are ready for the purposes intended when needed and when scheduled under the approved master plan of State University.”
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SUNY CampusesSUNY Campuses
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SUNY Capital Program SummarySUNY Capital Program Summary# of# of
BldgsBldgsSq. Sq.
FootFoot(1)(1)AvgAvg
AgeAge(2)(2)2003-072003-07
FundingFunding(1)(1)2008-132008-13BudgetBudget(1)(1) Funded ByFunded By Projects Projects
Managed ByManaged By
EducationalEducationalFacilitiesFacilities 1,8231,823 56.656.6 44.244.2 $3,132$3,132 $4,426$4,426(3)(3) StateState Fund/CampusFund/Campus
HospitalsHospitals 1313 2.52.5 23.323.3 $419$419 $450$450 Hospital Hospital RevenuesRevenues Fund/CampusFund/Campus
ResidenceResidenceHallsHalls 461461 19.219.2 33.333.3 $685$685 $573$573 Room Room
RentsRentsDASNY/DASNY/CampusCampus
CommunityCommunityCollegesColleges 489489 17.317.3 40.140.1 $379$379 $390$390 50% State50% State
50% Local50% Local LocalLocal
TotalsTotals 2,7862,786 95.695.6 41.741.7 $4,615$4,615 $5,839$5,839
NotesNotes:: (1) Square footage and funding expressed in millions.Square footage and funding expressed in millions. (2) Average age (expressed in years) represents a straight average with no consideration given to the size of buildings or Average age (expressed in years) represents a straight average with no consideration given to the size of buildings or
subsequent renovations.subsequent renovations.(3) Includes $2.2B in future appropriations for critical maintenance projects.Includes $2.2B in future appropriations for critical maintenance projects.
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State University of New York -- Educational Facilities Capital Program Multi-year Spending / Bonding Forecast, per Campus Project Schedules
$0$100$200$300$400$500$600$700$800$900
$1,000$1,100$1,200$1,300
2007-08 2008-09 2009-10 2010-11 2011-12 2012-13Fiscal Year
Dol
lars
in m
illio
ns
2004 Multi-Year Plan 2008 Multi-Year Plan
Workload ProjectionsWorkload Projections
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Services ProcuredServices Procured
Design-Bid-BuildDesign-Bid-Build – Wicks Law Exempt – Wicks Law Exempt
Design – Qualification BasedDesign – Qualification Based Construction Management – Best ValueConstruction Management – Best Value Commissioning – Qualification BasedCommissioning – Qualification Based Construction – Lowest Responsible BidderConstruction – Lowest Responsible Bidder
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Contract OpportunitiesContract Opportunities
NYS Contract ReporterNYS Contract Reporter www.nyscr.orgwww.nyscr.org
SUCF WebsiteSUCF Website www.sucf.suny.eduwww.sucf.suny.edu
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State UniversityConstruction Fund
SUCF WebsiteSUCF Website
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SUCF WebsiteSUCF Website
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SUCF WebsiteSUCF Website
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ConstructionConstructionContract OpportunitiesContract Opportunities
Construction Bids OnlyConstruction Bids Only Albany Times UnionAlbany Times Union Newspaper local to project Newspaper local to project
sitesite Minority Commerce Minority Commerce
WeeklyWeekly
Plans Available ThroughPlans Available Through Local Plan RoomsLocal Plan Rooms CampusCampus
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Design Consultant ServicesDesign Consultant Services Architectural & Engineering ServicesArchitectural & Engineering Services
Qualification Based SelectionQualification Based Selection SUCF Fee Schedule/Complexity FactorSUCF Fee Schedule/Complexity Factor Term AgreementsTerm Agreements
Program StudiesProgram Studies Qualification Based Selection Qualification Based Selection Fee Proposal submitted based on Technical ProposalFee Proposal submitted based on Technical Proposal Not-to-Exceed Contract AmountNot-to-Exceed Contract Amount
Commissioning ServicesCommissioning Services Qualification Based SelectionQualification Based Selection Technical Proposal is requiredTechnical Proposal is required Fee Proposal submitted based on Project Approach is requiredFee Proposal submitted based on Project Approach is required Not-to-Exceed Contract AmountNot-to-Exceed Contract Amount
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Design Consultant SelectionDesign Consultant Selection Qualification BasedQualification Based
Statement of Qualifications Statement of Qualifications (SOQ)(SOQ) Required Standard FormatRequired Standard Format
Tailored to a specific scope of Tailored to a specific scope of work/projectwork/project
Selection CommitteeSelection Committee Fund representatives/campus Fund representatives/campus
representativerepresentative
Short ListShort List
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Design Consultant Selection Design Consultant Selection (cont.)(cont.)
Evaluation criteriaEvaluation criteria Firm Qualifications & ExperienceFirm Qualifications & Experience Personnel QualificationsPersonnel Qualifications Previous Experience with Specific Project ScopePrevious Experience with Specific Project Scope Approach & CapabilityApproach & Capability ReferencesReferences
Site visits/Interviews (Optional)Site visits/Interviews (Optional) Final Selection Final Selection
Highest aggregate scoring firm is selectedHighest aggregate scoring firm is selected Fee Schedule/NegotiationFee Schedule/Negotiation
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Construction Management Construction Management ServicesServices
Best Value SelectionBest Value Selection Qualifications + CostQualifications + Cost SOQ SOQ Short List Short List
Invited to Submit Proposals (RFP Process)Invited to Submit Proposals (RFP Process) Technical ProposalTechnical Proposal based on detailed project based on detailed project
scope/services requiredscope/services required Cost ProposalCost Proposal based on staffing in Technical based on staffing in Technical
ProposalProposal Billable HoursBillable Hours Not-to-Exceed Contract AmountNot-to-Exceed Contract Amount
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Consultant SelectionsConsultant SelectionsCommon PitfallsCommon Pitfalls
Limited or nonspecific approach to the projectLimited or nonspecific approach to the project Lack of knowledge about the campusLack of knowledge about the campus Inappropriate Professional ReferencesInappropriate Professional References Poor InterviewPoor Interview
Project Professionals vs. Marketing GroupProject Professionals vs. Marketing Group
Lack of comprehensive subconsultant and MWBE Lack of comprehensive subconsultant and MWBE PlansPlans
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Construction ContractsConstruction Contracts Sealed Bids – Publicly OpenedSealed Bids – Publicly Opened Plans and SpecificationsPlans and Specifications
May be May be examinedexamined free of charge at: Architect/Engineer’s free of charge at: Architect/Engineer’s Office; Campus Facilities OfficesOffice; Campus Facilities Offices
Complete set of documents can be obtained from Complete set of documents can be obtained from Architect/Engineer upon payment of a deposit Architect/Engineer upon payment of a deposit
Requirements for BiddingRequirements for Bidding Bid DepositBid Deposit – 5% of Total Bid – 5% of Total Bid
Bank draft, certified check, bid bondBank draft, certified check, bid bond Size of ProjectsSize of Projects previously completed previously completed
Successful completion of similar work not less than 50% of Total Successful completion of similar work not less than 50% of Total BidBid
Ample Financial ResourcesAmple Financial Resources – Working Capital Test – Working Capital Test
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Construction Contracts (cont.)Construction Contracts (cont.) Bonding (within 24 hours of Notice of Award)Bonding (within 24 hours of Notice of Award)
Performance Bond – 100% of Total ContractPerformance Bond – 100% of Total Contract Labor and Material Bond – 100% of Total Contract Labor and Material Bond – 100% of Total Contract
InsuranceInsurance Workers CompensationWorkers Compensation General Liability and Property DamageGeneral Liability and Property Damage Builders RiskBuilders Risk Owners Protective LiabilityOwners Protective Liability
Prevailing Wage RatesPrevailing Wage Rates Post-Bid SubmissionsPost-Bid Submissions
3 Lowest Bidders 3 Lowest Bidders
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Construction Contracts (cont.)Construction Contracts (cont.) Within 48 Hours of Bid OpeningWithin 48 Hours of Bid Opening
Uniform Contractor Questionnaire (UCQ) Uniform Contractor Questionnaire (UCQ) Affidavit of No Change (if UCQ submitted within past year)Affidavit of No Change (if UCQ submitted within past year)
Proposed Major Subcontractors Proposed Major Subcontractors HVAC, Electrical, Plumbing and Asbestos AbatementHVAC, Electrical, Plumbing and Asbestos Abatement
Appendix A (Bid Breakdown by Trade or Section)Appendix A (Bid Breakdown by Trade or Section)
Within 7 Calendar Days of Bid OpeningWithin 7 Calendar Days of Bid Opening UCQ’s for all proposed major subs (or Affidavit of No UCQ’s for all proposed major subs (or Affidavit of No
Change)Change) MWBE Utilization PlanMWBE Utilization Plan Equal Employment Opportunity StatementEqual Employment Opportunity Statement
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Construction BidsConstruction BidsCommon PitfallsCommon Pitfalls
Lack of required experienceLack of required experience
Late BidLate Bid
Bid filled out incorrectlyBid filled out incorrectly
Improper bid securityImproper bid security
Lack of required working capitalLack of required working capital
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Payment ProcessPayment Process DesignDesign
Monthly installment payments during each phaseMonthly installment payments during each phase Basic Fee, Reimbursable Expenses, Extra Compensation Basic Fee, Reimbursable Expenses, Extra Compensation
ServicesServices Fund website “Bulletin on Payment of Fees”Fund website “Bulletin on Payment of Fees”
ConstructionConstruction Monthly Payment Meetings with Consultant/Site Monthly Payment Meetings with Consultant/Site
RepresentativeRepresentative Substantial Completion/Guarantee PeriodSubstantial Completion/Guarantee Period Fund website – “Management of Construction Projects”Fund website – “Management of Construction Projects”
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MWBE RequirementsMWBE Requirements Article 15-A of Executive LawArticle 15-A of Executive Law Good Faith EffortGood Faith Effort Fund GoalsFund Goals
Design Services & CM ServicesDesign Services & CM Services Included with identification of subconsultantsIncluded with identification of subconsultants Considered in evaluation processConsidered in evaluation process Meaningful basic fee scope disciplinesMeaningful basic fee scope disciplines
Construction ServicesConstruction Services Submitted 7 days after bid openingSubmitted 7 days after bid opening Reviewed for goals and good faith effortReviewed for goals and good faith effort Identify issues; work with contractor on resourcesIdentify issues; work with contractor on resources
No Contract awarded without an approved MWBE Utilization PlanNo Contract awarded without an approved MWBE Utilization Plan
MBEMBE WBEWBEUpstate ProjectsUpstate Projects 8%8% 4%4%Downstate ProjectsDownstate Projects 10%10% 4%4%
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MWBE OpportunitiesMWBE Opportunities Prime OpportunitiesPrime Opportunities
Design ServicesDesign Services Construction ServicesConstruction Services
Subcontracting OpportunitiesSubcontracting Opportunities Utilize advertising resourcesUtilize advertising resources
Contract Reporter; MWBE Association Plan Rooms; MCW Contract Reporter; MWBE Association Plan Rooms; MCW PublicationPublication
Identify and quote firms holding plansIdentify and quote firms holding plans Identify and quote to low biddersIdentify and quote to low bidders Network with larger firmsNetwork with larger firms
Accessing MWBE firmsAccessing MWBE firms ESDC Directory website – http://nylovesmwbe.ny.govESDC Directory website – http://nylovesmwbe.ny.gov Lois McLaughlin, MWBE CoordinatorLois McLaughlin, MWBE Coordinator ([email protected]/518-320-1673)([email protected]/518-320-1673)
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Sample of Upcoming Design Sample of Upcoming Design ProjectsProjects
Click here for the most recent list of upcoming Design ProjectsClick here for the most recent list of upcoming Design Projects
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Sample of Upcoming Construction Sample of Upcoming Construction ProjectsProjects
Click here for the most recent list of upcoming Construction BidsClick here for the most recent list of upcoming Construction Bids
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What Is Vendor ResponsibilityWhat Is Vendor Responsibility A form of due diligenceA form of due diligence Designed to provide the Fund with sufficient facts Designed to provide the Fund with sufficient facts
to make an informed decisionto make an informed decision ElementsElements
Authorization to do Business in NYSAuthorization to do Business in NYS FinancialFinancial IntegrityIntegrity Past PerformancePast Performance Compliance with Procurement Lobbying ActCompliance with Procurement Lobbying Act
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Vendor Responsibility Vendor Responsibility Filing RequirementsFiling Requirements
Uniform Contracting Questionnaire (UCQ) – Uniform Contracting Questionnaire (UCQ) – ConstructionConstruction
Standard Vendor Responsibility Questionnaire Standard Vendor Responsibility Questionnaire (SVRQ) – Design/CM Services(SVRQ) – Design/CM Services
Original SignatureOriginal Signature Procurement Lobbying ActProcurement Lobbying Act Disclosure, Affirmation, and Certification FormsDisclosure, Affirmation, and Certification Forms OSC ReviewOSC Review
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Procurement Lobbying ActProcurement Lobbying Act Regulates contacts made by “offerers” during the Regulates contacts made by “offerers” during the
“restricted period”“restricted period”
An An “offerer”“offerer” is a vendor, a vendor’s employee, is a vendor, a vendor’s employee, agent, consultant, or anyone acting on behalf of a agent, consultant, or anyone acting on behalf of a vendor, who contacts the Fund during the vendor, who contacts the Fund during the “restricted period” “restricted period”
TheThe “restricted period” “restricted period” begins when a procurement begins when a procurement is first advertised in the Contract Reporter or other is first advertised in the Contract Reporter or other publication and ends with the final contract award and publication and ends with the final contract award and approval by the Office of the State Comptrollerapproval by the Office of the State Comptroller
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Procurement Lobbying Act Procurement Lobbying Act Impermissible ContactsImpermissible Contacts
A A contact made by an offerer during the restricted contact made by an offerer during the restricted period,period,
To someone other than the Fund’s designated points of To someone other than the Fund’s designated points of contact, andcontact, and
Under circumstances that would allow a reasonable Under circumstances that would allow a reasonable person to infer that the contact was intended to person to infer that the contact was intended to influence the procurement. influence the procurement.
Impermissible contacts can be made in person, by Impermissible contacts can be made in person, by telephone or e-mail, in written correspondence, or any telephone or e-mail, in written correspondence, or any other form of communication. other form of communication.
The Fund’s designated points of contact are included in The Fund’s designated points of contact are included in bid solicitations and on the Fund’s website. bid solicitations and on the Fund’s website.
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Procurement Lobbying Act Procurement Lobbying Act PenaltiesPenalties
First impermissible contactFirst impermissible contact Offerer will be found to be a non-responsible bidder,Offerer will be found to be a non-responsible bidder,
Offerer will not be awarded the contract, andOfferer will not be awarded the contract, and Offerer’s name will be placed on a public list of non-Offerer’s name will be placed on a public list of non-
responsible biddersresponsible bidders
Second impermissible contactSecond impermissible contact Made within four years of first non-responsibility Made within four years of first non-responsibility
determinationdetermination Offerer will be debarred from all state procurement Offerer will be debarred from all state procurement
contracts for a four-year period measured from the date of contracts for a four-year period measured from the date of the second violationthe second violation
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Procurement Lobbying Act Procurement Lobbying Act Permissible Subject MatterPermissible Subject Matter
Factual exchanges of information are generally Factual exchanges of information are generally not considered contacts, e.g.,not considered contacts, e.g.,
When is the bid dueWhen is the bid due Where is the bid dueWhere is the bid due Request for pages missing from the RFPRequest for pages missing from the RFP Written questions as part of a Q&A processWritten questions as part of a Q&A process Bid conference participationBid conference participation Award review requestAward review request Written complaintWritten complaint Negotiation of terms after awardNegotiation of terms after award
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Vendor ResponsibilityVendor ResponsibilityCommon Mistakes Common Mistakes
Read and answer all the questions; submit a Read and answer all the questions; submit a complete form complete form Owners, corporate officers, shareholders, and Owners, corporate officers, shareholders, and affiliatesaffiliates UCQ – full dates of birthUCQ – full dates of birth OSHA violations – serious and willfulOSHA violations – serious and willful Explanations for Yes answers in UCQ/SVRQ Explanations for Yes answers in UCQ/SVRQ Question 17 SVRQ (Financial Resources)Question 17 SVRQ (Financial Resources)
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Integrity HotlineIntegrity Hotline
Available to Fund employees, vendors and Available to Fund employees, vendors and campusescampuses
(866) 543-8107 or (518) 320-1290(866) 543-8107 or (518) 320-1290 Anonymous or confidentialAnonymous or confidential No Caller IDNo Caller ID Available 24/7Available 24/7
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SUCF Contact InformationSUCF Contact Information
General Manager’s Office - General Manager’s Office - (518) 320-1502 Procurement Office - Procurement Office - (518) 320-1639 MWBE Opportunities - MWBE Opportunities - (518) 320-1673 Corporate Integrity -Corporate Integrity - (518) 320-1525
HotlineHotline – (866) 543-8107 or (518)-320-1290
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SUCF Contact InformationSUCF Contact Information Design and Construction - Design and Construction - (518) 320-3200 Program Management - Program Management - (518) 320-1770 Counsel’s Office - Counsel’s Office - (518) 320-1746
www.sucf.suny.eduwww.sucf.suny.edu