Are You Being Considered For an Award?

During the procurement and contract management process, bidders/proposers/contractors may be required to complete the forms below. CUNY strongly encourages you to review the relevant solicitation and/or contract documents for detailed instructions on the applicability of these forms. All form submission and any questions regarding any solicitations must be directed to the College-Designated Contact listed on the solicitation and/or contract document. Any summaries or descriptions of Requirements below are subject to the terms and conditions of the respective Requirements and the applicable CUNY solicitation or contract. All submissions described below are subject to review and approval of CUNY, which may be withheld or conditioned in its sole and absolute discretion.

 

Direct link to this webpage: cuny.edu/selltocuny/forms or cuny.edu/vendorforms

Procurement Forms

Lobbying Act and Forms

Offerer’s Affirmation of Understanding of and Agreement pursuant to State Finance Law §139-J(3) and §139-J(6)(b)

New York State Finance Law §139-j(6)(b) provides that: Every Governmental Entity shall seek written affirmations from all Offerers as to the Offerer’s understanding of and agreement to comply with the Governmental Entity’s procedures relating to permissible contacts during a Governmental Procurement pursuant to subdivision three of this section.

Offerer Disclosure of Prior Non-Responsibility Determinations

New York State Finance Law §139­k(2) obligates a Governmental Entity to obtain specific information regarding prior non­responsibility determinations with respect to State Finance Law §139­j. Read More

This information must be collected in addition to the information that is separately obtained pursuant to State Finance Law §163(9). In accordance with State Finance Law §139­k, an Offerer must be asked to disclose whether there has been a finding of non­responsibility made within the previous four (4) years by any Governmental Entity due to: (a) a violation of State Finance Law §139­j or (b) the intentional provision of false or incomplete information to a Governmental Entity. The terms “Offerer” and “Governmental Entity” are defined in State Finance Law § 139­ k(1). State Finance Law §139­j sets forth detailed requirements about the restrictions on Contacts during the procurement process. A violation of State Finance Law §139­j includes, but is not limited to, an impermissible Contact during the restricted period (for example, contacting a person or entity other than the designated contact person, when such Contact does not fall within one of the exemptions).

Vendor Responsibility Questionnaire

If the contract is valued over $100,000, the vendor must file a Vendor Responsibility Questionnaire with the State contracting entity. Read More

The questionnaire provides the vendor an opportunity to self-disclose any issues and provide necessary information, which the State contracting entity will use as part of its determination. Each vendor must indicate if the questionnaire is filed on behalf of the entire Legal Business Entity or an Organizational Unit within or operating under the authority of the Legal Business Entity and having the same EIN. The questionnaire is organized into eleven sections. Section I is to be completed for the Legal Business Entity. Section II requires the vendor to specify the Reporting Entity for the questionnaire. Section III refers to the individuals of the Reporting Entity, while Sections IV-VIII require information about the Reporting Entity. Section IX pertains to any Associated Entities, with one question about their Officials/Owners. Section X relates to disclosure under the Freedom of Information Law (FOIL). Section XI requires an authorized contact for the questionnaire information.

NYC VENDEX / PassPort

The New York City Administrative Code requires that the City maintain a computerized data system containing information for every city contract and specific information about prospective vendors for awards over $100,000, and for vendors (including subcontractors) doing more than $100,000 in cumulative annual business with the City. Read More

The majority of the vendor information placed on the VENDEX system comes from the VENDEX questionnaires. The Mayor’s Office of Contract Services (MOCS) is launching a new online procurement tool, the Procurement and Sourcing Solutions Portal (PASSPort), moving VENDEX online. PASSPort makes it easier for vendors to submit and keep disclosure documents up-to-date.

Tax Certification

Tax Bulletin TB-ST-118 / Certification Requirements for Businesses that Contract with NYS
In certain instances, section 5-a of the Tax Law requires businesses that are awarded contracts with New York State to certify that they are registered to collect New York State and local sales and use taxes (sales tax) on sales delivered to locations within New York. Read More

This bulletin explains the general rules related to the certification requirements for contractors and their affiliates and subcontractors. For more detailed information on the contractor certification requirements imposed under section 5-a of the Tax Law, see Publication 223, Questions and Answers Concerning Tax Law Section 5-a (as amended, effective April 26, 2006).

Form ST-220-TD / Contractor Certification
Tax Law section 5-a, as amended, effective April 26, 2006, requires certain contractors awarded certain state contracts valued at more than $100,000 to certify to the Tax Department that they are registered to collect New York State and local sales and compensating use taxes, if they made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000, measured over a specified period. Read More

In addition, contractors must certify to the Tax Department that each affiliate and subcontractor exceeding such sales threshold during a specified period is registered to collect New York State and local sales and compensating use taxes.

Form ST-220-CA / Contractor Certification to Covered Agency
Effective April 26, 2006, in all cases where a contract is subject to Tax Law section 5-a, a contractor must file (1) Form ST-220-CA, Contractor Certification to Covered Agency, with a covered agency, and (2) Form ST-220-TD with the Tax Department before a contract may take effect.

CUNY Substitute W9 Form
The City University of New York (CUNY) must obtain your correct Taxpayer Identification Number (TIN/SSN/ITIN) to report income paid to you or your organization. Information on the Substitute W-9 is required in order to comply with the Internal Revenue Service requirements. Read More

In order to obtain a CUNY Vendor ID, selected contractors must complete and submit a CUNY Substitute W9 Form.

Consultant Services

Pursuant to New York State Finance Law Section 163(4)(g), state agencies must require all contractors, including subcontractors, that provide consulting services for State purposes pursuant to a contract to submit an annual employment report for each such contract, such report to include for each employment category within the contract: (i) the number of employees employed to provide services under the contract, (ii) the number of hours they work, and (iii) their total compensation under the contract. Consulting services are defined as analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal, or similar services.

Form A / NYS Consultant Services – Contractor’s Planned Employment From Contract Start Date Through The End Of The Contract Term

Contractors selected for award on the basis of a procurement issued by CUNY must complete Form A, State Consultant Services – Contractor’s Planned Employment from Contract Start Date through the End of the Contract Term upon notification of award. Read More

The completed Form A must include information for all employees that will be providing services under the contract, whether employed by the contractor or by a subcontractor. Form A must be submitted to CUNY as the contracting agency.

Form B / NYS Consultant Services – Contractor’s Annual Employment Report (AC 3271-S)

Contractors selected for award are also required to complete Form B, State Consultant Services Contractor’s Annual Employment Report annually for each year of the contract term, on a State fiscal year basis. Read More

The first report is due May 15 for the period April 1 through March 31 of the most recently concluded State fiscal year or portion thereof. Form B must be submitted to CUNY as the contracting agency, the Department of Civil Service, and the Consultant Reporting Section of the Bureau of Contracts at OSC, at the addresses provided in these forms.

Executive Order

Executive Order 177

In accordance with Executive Order No. 177, Proposers must certifies that it does not have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status under the Human Rights Law.

Prevailing Wage

Certified Weekly Payroll

Under New York State Labor Law, contractors and subcontractors must pay the prevailing rate of wage and supplements (fringe benefits) to all workers under a public work contract.  Prevailing wage is the pay rate set by law for work on public work projects. This applies to all laborers, workers or mechanics employed under a public work contract. A sample Weekly Payroll form is provided for Contractor’s optional use.

Supplier Diversity Forms

Utilization Plan

If a CUNY solicitation contains MWBE and/or SDVOB Participation Goals, a Utilization Plan must be submitted with any bid, proposal, proposed/negotiated contract or as otherwise required by CUNY, but prior to contract award. Read More

The Utilization Plan must contain a detailed description of the supplies and/or services to be provided by each NYS-certified MWBE and/or SDVOB under the proposed contract. Additional instructions are available on the document.

Quarterly Contractor Compliance & Payment Report

Vendors with CUNY contracts that have MWBE and/or SDVOB Participation Goals must submit the Quarterly Contractor Compliance Report to indicate the payments made by the vendor to NYS-certified MWBE and/or SDVOB suppliers or subcontractors under the covered contract for each previous quarter. Read More

The payments are made in compliance with the contract documents for the referenced project. Additional instructions are available on the document.

Request for Waiver

If a vendor determines that it cannot meet the established MWBE and/or SDVOB Participation Goals on a particular solicitation or executed contract, the vendor may apply for a reduction or waiver from the participation goals by submitting the Request for Waiver form. Read More

Vendors must submit the Request for Waiver form along with supporting documents that detail the vendor’s good faith efforts to engage NYS-certified MWBE and/or SDVOB suppliers or subcontractors for the solicitation or contract. Additional instructions are available on the document.

Minority- and Women-owned Business Enterprises and Equal Employment Opportunity Policy Statement

If request by CUNY, this statement must be submitted within ten days of CUNY’s request, but prior to contract award. Read More

The MWBE and EEO Policy Statement requires contractors and subcontractors to take good faith actions to achieve the MWBE contract participation goals set by CUNY and provide equal employment opportunities to employees working on CUNY projects.

Equal Employment Opportunity – Staffing Plan

If requested by CUNY, selected vendors must submit an Equal Employment Opportunities – Staffing Plan within ten days of CUNY’s request, but prior to contract award. Read More

This Staffing Plan identifies the anticipated workforce to be utilized for the performance on a CUNY contract. Additional instructions are available on the document.

Workforce Utilization Report

If requested by CUNY, Contractors must submit a Workforce Utilization Report, and require each of its Subcontractors to submit a separate Workforce Utilization Report related to the actual workforce utilized on certain CUNY contracts. Read More

The Workforce Utilization Report is due on a monthly basis for construction-related services and quarterly basis for all other contracts. Contractors and Subcontractors, if any, must use and submit the Excel reporting document. No other format shall be accepted (e.g. Word or PDF) by CUNY. The list of Equal Employment Opportunity (EEO-1) Job Group and corresponding Job Title / Description of Standard Occupational Classification (SOC) as well as the SOC Job Code is available here.