Minutes of the Archives Partnership Trust Board's Executive Commitee Meeting
11:00 am, December 17, 2012
The Cultural Education Center, Room, Librarian Room, 7th Floor, Albany, NY
Executive Committee Members Present
John Hanna, Jr., Board Chair; Barbara Brinkley, Board Treasurer; and Nedda Allbray (all attending telephonically).
Robert E. Bullock, President; and Grazia Yaeger, Assistant Secretary
Executive Committee Members Excused
George R. Hearst III, Board Vice Chair and Tom Birdsey, Program and Development Committee Chair
Call to Order
Chair, Mr. Hanna called the meeting to order at 11:10 am. He welcomed Executive Committee members and staff to the meeting, noting the presence of a quorum.
Resolution to Approve to Amend the Trust’s Procurement Policy
The only item on the agenda was a resolution to amend the Trust’s Procurement Policy to bring the Policy into compliance with State Finance Law changes.
Mr. Hanna explained that the staff recommended these changes to meet changes to the State Finance Law, which has increased discretionary spending. Mr. Hanna asked Mr. Bullock to read the resolution for the record. Mr. Bullock also pointed out the three changes as he read it for the record:
- Purchases of goods and services in actual and estimated amounts increased from $2,500 to between $10,000.00 and $49,999
- All procurements increased from $15,000 to $50,000 or more must be published in the New York State Contract Reporter; and
- Procurements of commodities or services from small business concerns or certified minority and women-owned business enterprises, or of commodities or technology that are recycled or remanufactured, in an amount not exceeding is increased from $100,00 to $200,000.
Mr. Bullock stressed that the Trust is only looking to match the current changes stated in the State Finance Law and not change the procedures and oversight currently stated in the Trust’s Procurement Policy. Dr. Allbray wanted to clarify that these changes just extend the limits and the Trust will still do its due diligence when purchasing goods and services. Mr. Bullock assured Dr. Allbray that she was correct.
Mr. Bullock also added that these changes will allow the Trust to hire an editorial assistant in the coming months as he transitions into his additional role as the editor of New York Archives magazine. The Trust will be looking to hire an individual for $7,500 - $10,000 to assist in managing logistics such as obtaining images and permissions.
The motion to approve amending Trust’s Procurement Policy to bring the Policy into compliance with State Finance Law was made by Dr. Allbray, seconded by Ms. Brinkley, and unanimously passed.
Whereas, State Finance Law, Section 163, paragraphs 6 and 8, has been revised to increase the discretionary buying thresholds for state agency purchases of services and commodities without a formal competitive process to $50,000, and for such purchases from New York State certified minority or woman-owned business enterprises or small businesses to $200,000; and revised to increase the threshold for advertising procurements in the state’s procurement opportunities newsletter to procurements in excess of $50,000;
Be it Resolved, that the Archives Partnership Trust’s Procurement Policy and Procedures, Section III, Preparation of Purchases and Contracts shall be:
III. Preparation of Purchases and Contracts.
A. Purchases of goods and services in actual and estimated amounts between $10,000.00 and $49,999 shall be acquired following the steps below:
- To the extent possible, more than one qualified informal quote should be obtained.
- Purchases shall be made after an evaluation of quotes/proposals from prospective vendors.
- All procurements of $50,000 or more must be published in the New York State Contract Reporter.
B. Procurements of $50,000 or more.
1. All procurements for goods and services in actual and estimated amounts of 50,000 or more, are awarded as contracts following the steps below:
2. Procurements of commodities or services from small business concerns or certified minority and women-owned business enterprises, or of commodities or technology that are recycled or remanufactured, in an amount not exceeding $200,000, may be made without a formal competitive process, following the steps below:
- Notice of contracting intent or a request for proposals must be published in the New York State Contract Reporter. Exceptions: Procurements made using OGS authority or the State’s Preferred Sources.
- To the extent possible, at least three qualified bids or informal quotes (telephonic or written) should be obtained.
- Bidders will be required to submit and sign a Non-Collusion Bidding Certificate. Bids received without a signed Non-Collusion Bidding Certificate or where the Non-Collusion Bidding Certificate has not been complied with in its entirety shall not be considered for award.
- Awards shall be made after an evaluation of proposals.
- Identify firm (if a minority or women-owned business enterprise, verify certification with the Department of Economic Development) and request price offer.
- Determine and document that the price offered is reasonable.
- Obtain written quotation, including all terms and conditions of sale.
- Maintain justification to support vendor selection and reasonableness of price.
- As applicable, obtain vendor certification that the commodity or technology is produced using recycled or remanufactured materials.
- Provide with the purchase order or contract, documentation that the opportunity has been advertised in the New York State Contract Reporter
Upon the motion to adjourn the meeting made by Ms. Brinkley, seconded by Dr. Allbray, and unanimously passed, Mr. Hanna adjourned the meeting at 11:24 am and thanked all for their participation.
Grazia A. Yaeger
January 3, 2013