XI. Procurement and Contract Management

Guide to Financial Operations

XI.6.B Quick Contracting – Construction

XI. Procurement and Contract Management
Guide to Financial Operations

To participate in the Office of the State Comptroller’s (OSC) Quick Contracting Program for construction contracts, the State agency must provide a formal certification and use an approved boilerplate contract for each transaction submitted under the program. The agency’s certification form and boilerplate must have been approved by the Comptroller.

Quick Contracting transactions can generally be processed by OSC in three business days or less.

Guidance on requirements for Quick Contracting for non-construction contracts is provided in Section 6.A - Quick Contracting – Commodity, Printing, Miscellaneous Services and Equipment of this Chapter.

The Quick Contracting Certification form must certify that the transaction meets certain minimum requirements, including:

  • The award was competitively bid.
  • The procurement was publicly advertised in accordance with applicable laws, rules, regulations and established policies
  • The specifications were written to solicit and encourage competition.
  • The agency uses the standard boilerplate that has been previously approved by the Comptroller’s Office and that contains all necessary and required clauses, including Appendix A.
  • The award was made to the lowest responsive and responsible bidder from at least three bids or, where two bids were received, the award was made to the low bidder that was within 15 percent of the engineer’s estimate.
  • No bidder who otherwise would have been the low bidder was disqualified or withdrew.
  • No bid that otherwise would have been the low bid was rejected.
  • Prior to submission to OSC, ensure that the debriefing period has passed and that all debriefings requested have been completed.
  • The person certifying is unaware, after completing diligent research, of any protest or other objection to the award.
  • The use of any allowances, bonuses, incentives, contingencies etc. conforms to guidelines previously approved by the Comptroller’s Office.
  • Where applicable, the contractor has provided executed copies of a performance bond and a labor and material bond that are equal to or greater than the value of the contract.

EXCEPTIONS AND OTHER NOTES

Contracts where the bidder, who otherwise would have been the lowest bidder, has withdrawn its bid or has been rejected, or contracts with any bidding irregularity are not eligible for Quick Contracting.

It is not necessary to submit the bids from the unsuccessful bidders(s) (see Section 2.G - Submission and Retention of Bids/Proposals of this Chapter, for additional information).

A statistical sample of all Quick Contract transactions will be post-audited by OSC. If OSC identifies transactions not meeting the criteria for Quick Contracting, the submitting agency’s Quick Contracting privileges may be restricted or rescinded.

Process and Document Preparation:

To qualify for Quick Contracting, the following minimum submission requirements must be met:

  1. A completed Procurement Record Checklist
  2. Proof that applicable advertising requirements were met
  3. A bid tabulation
  4. Executed Bonds, as applicable
  5. Full funds reservation in accordance with Section 2.C – Contract Funds Reservation, of this Chapter
  6. Proper signatures on the contracting instrument
  7. A completed Quick Certification executed by authorized staff
  8. A vendor responsibility determination and all required supporting documentation, including a questionnaire, where applicable
  9. Evidence of current NYS Worker’s Compensation and Disability Insurance coverage
  10. Additional documentation, as required

Process and Document Preparation Specific to the SFS:

SFS users will create a contract transaction in the SFS using the appropriate Audit Type. Users will generate a Single Transaction Summary (STS) or AC 340-S and submit it with the agreement (contract) and required procurement record documents to OSC.

Process and Document Preparation Specific to Agency Bulkload System Users:

SFS users that bulkload contract transactions into the SFS must select the appropriate Audit Type. Users will generate an AC 340-S and submit it with the agreement (contract) and required procurement record documents to OSC.

Guide to Financial Operations

REV. 10/08/2021