Ce 200 Certificate Of Attestation Of Exemption Download UPDATED

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Role of Purchasing and Contracts PowerPoint Presentation

Office of Purchasing and Contracts

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Office of Purchasing and Contracts

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1. Office of Purchasing and Contracts Procurement Outreach Training Level Ii - Module D Laws, Regulations and Guidelines

2. Laws, Regulations and Guidelines • Research Funded procurement falls under the jurisdiction of various Federal, State, and Campus level laws, regulations and guidelines. These guidelines come into play earlier and after the procurement. • In addition, the Sponsors unique guidelines must be understood and followed in procuring goods and services. • Procurement guidelines vary with the value of the procurement, the applicative funding guidelines, and the life of the project. Purchasing associates must take into consideration these varied layers of regulation and apply them to your unique procurement. While some purchases seem 'off-the-shelf', many require an experienced individual to make its way through the process.

3. Sample Guidelines and Resource • American Recovery and Reinvestment Act (ARRA) • Antiterrorism and Death sentence Act of 1995 • Copeland "Anti-Kickback" Human action • Debarment and Suspension • Disability Insurance • Ethics Police • Due east-Verify • Executive Orders • Showroom X • Export Controls • Fair Labor Laws • Fly America Act • Health Insurance Portability and Accountability Act (Showroom Z) • Insurance • Lobbying • Minority and Women-Endemic Business Enterprise (MWBE) • Office of Management and Budget • Circular A -21 – Cost Principles for Educational Institutions • Circular A-110 – Uniform Authoritative Requirements for Grants and Agreements with Institutions of College Pedagogy, Hospitals, and Other Non-Profit Organizations • OMB Circular A-133 – Audits of States, Local Governments, and Non-Profit Organizations • Procurement Integrity • Separate Ordering • Threshold Requirements • Vendor Responsibility • Workers' Compensation

4. American Reinvestment and Recovery Human activity : The American Recovery and Reinvestment Act of 2009 (ARRA) represents a $787 billion endeavor to jumpstart the economy, create or save millions of jobs, and invest in the futurity. Federal agencies are already distributing funds for projects that build infrastructure; promote science, innovation and education; improve healthcare; and spur clean energy. • The federal government is requiring ARRA funding recipients to follow unprecedented accountability measures, including separate tracking and reporting of these stimulus dollars. The RF of SUNY provides guidance on their spider web page for complying with these federal regulations. • Antiterrorism Act and Effective Death penalty Human action of 1995: The Antiterrorism and Effective Death Punishment Deed of 1996 is the product of legislative efforts stretching dorsum well over a decade and stimulated to passage in function past the tragedies in Oklahoma City and the World Trade Center. • Copeland "Anti-Kickback" Act: Prohibits federal contractors or subcontractors engaged in building construction or repair from inducing an employee to give up whatsoever part of the bounty to which he or she is entitled under his or her employment contract and requires such contractors and subcontractors to submit weekly statements of compliance.

5. Debarment and Break: Debarment and suspension regulations utilise to all agreements in excess of $25,000 including all subrecipients. Federal regulations prohibit, and vendors are required to certify, that neither their firm nor the principals of the house are debarred or suspended from participating in federal non-procurement transactions. Vendors certify to this by completing the Debarment Certification grade. • Inability Insurance: Disability insurance replaces a workers income on a taxation-free basis should a sickness or affliction prevent the worker from earning an income. The Workers' Compensation Lath oversees all aspects of disability insurance. • Prior to whatever allow beingness issued or whatever contract beingness entered into, the Office of Purchasing & Contracts must obtain acceptable proof that a business is either exempt from or has secured inability insurance. An ACORD form is non acceptable proof of workers' bounty inability coverage.  The beneath listed forms are the only acceptable proofs of coverage: • CE-200: Certification of Testament of Exemption from Workers' Compensation and/or Disability Insurance • Grade DB-120.1: Document of Disability Benefits Insurance • Form DB-155: Certificate of Disability Benefits Cocky-Insurance • Ethics Laws: All activities of Academy faculty and staff should exist performed in an ethical fashion; no employee should have whatsoever interest, financial or otherwise, straight or indirect, or engage in whatsoever business or transaction or professional person activity or incur any obligation of any nature, which are in substantial conflict with the proper discharge of his/her duties.

6. E-Verify:This newly enacted regulation requires the Research Foundation to verify that its employees are eligible to work in the United States. This regulation flows down to vendors who also must certify to eligibility of their workers. Contracts funded from sure federal dollars must fall within the post-obit criteria to comply: • E-Verify clause, FAR 52.222-54 is contained in the originating contract; • Term of the work by the vendor is for more than 120 days; • The value of the contract is more than $100,000; and • The contracted work does not involve commercially available off-the-shelf items and related services. • Executive Orders From time to time, each sitting NYS Governor has within his ability to consequence an Executive Guild. Executive orders are not laws, but exercise have the same binding nature. While the Research Foundation is not legislatively bound to these orders, the Academy, at the discretion of the President, may elect to prefer the aforementioned principles for all campus activities and procurements. • The Governor of New York Country has issued, and the President of the University has agreed to follow, Executive Order #4 Greenish Procurement, which has the following guidelines: • The use of copy paper, janitorial paper and other paper composed of 100% mail service-consumer recycled content and processed chlorine-free to the extent practicable. •  The employ of 100% post-consumer recycled content paper to the extent practicable in all University publications. •  The implementation of programs to separate recyclable materials. •  The implementation of programs to reduce waste. • Exhibit 10: A tabular array of the U.South. federal government laws and implementing regulations that are applicable to Enquiry Foundation contracts, agreements and purchase order terms and atmospheric condition is establish inside this exhibit. Exhibit Ten is not all inclusive of all applicative federal and country laws and regulations, and is subject to change as laws and regulations change. The Contractor must assure compliance with the requirements of Showroom X, as applicable, to the work performed, or for the appurtenances and services provided under the purchase order. For more information, review the Guidance for Exhibit X document. Showroom X is incorporated in all Research Foundation contracts and purchase orders.

7. Export Controls: Procurements that involve the export of controlled items such as bolt, technology, software, or information to restricted foreign countries, persons, and entities must accommodate to export control regulations. This is accomplished by a through review by the Role of Purchasing and Contracts with a search using the Visual Compliance programme. This service checks all advisable restrictions by article, vendor, state, or individual name. Additional information on Export Controls can be found on the Research Foundation web site. • Fly America Act: The Fly America Deed was enacted in 1974 to mandate the use of U.South. flag air carriers for federally funded international travel. You may exist asked to include this information in contracts requiring international travel on a federally funded honor. If you would like to review the regulations, click on Fly America Act. • HIPAA Requirement: In procurements or contracts that may contain personally identifiable protected health information all parties must certify to compliance with the Health Insurance Portability and Accountability Act of 1996 and regulations promulgated in that location under. • Insurance: Procurement regulations require evidence of diverse forms of insurance by vendors at the fourth dimension a contract is entered into.  The Research Foundation of SUNY, The State of New York, and the Land University of New York must be listed as additional insureds on all procurements.  The nature of the procurement volition dictate the type and minimum level of insurance that is required. Delight come across our insurance tab for specific limits..

8. Lobbying: On awards of $100,000 or more than the Research Foundation is required to have all contractors file the required certification that it will not and has non used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a fellow member of Congress, officeholder or employee of Congress, or an employee of a member of Congress in connection with obtaining whatsoever Federal contract, grant or any other award covered by 31 U.s.a.C. 1352. Each tier within the transaction shall besides disclose whatsoever lobbying with not-Federal funds that takes place in connectedness with obtaining any Federal award. Such disclosures are forwarded from tier to tier upwardly to the recipient. In add-on, certain programs administered past the Inquiry Foundation may exist subject to the New York State Procurement Lobbying Constabulary. • Minority and Women Owned Business Enterprise: The White House's Office of Management and Budget Circular A-110 calls for recipients of federal awards, contracts and grants to make positive efforts to apply small businesses, minority-owned firms, and women's business enterprises, whenever possible. When searching for minority and women-owned business organization enterprises the Part of Enquiry Funded Purchasing and Contracts often utilizes the New York State Segmentation of Minority and Women-Owned Business Development list of NYS certified MWBEs. Data on condign a NYS certified minority or women-owned business enterprise could be obtained at the New York State Division of Minority and Women-Owned Business Evolution

9. Procurement Integrity: Applying to all recipients of federal contracts or modifications at/over $100,000 per year, Section 423 of title 41 of the United States Code states, "Restrictions on disclosing and obtaining contractor bid or proposal information or source option information" is the governing regulation for procurement integrity. This code prohibits certain activities by competing contractors, authorities procurement officials, and other individuals during the conduct of federal bureau procurement. These activities generally include: • Soliciting or discussing post regime employment • Offer or accepting a gratuity • Soliciting or disclosing proprietary or source selection information. • The Research Foundation must certify that they abide by the requirements of this regulation. • Split Ordering: The practise of split ordering is divers every bit the procurement of bolt or services processed on various procurement documents in an try to avoid thresholds and avert appropriate procurement practices such as obtaining bids and advertising requirements. To ensure that procurements are done in a off-white and open market, this practice is discouraged, and Purchasing staff are on hand aid you with a formal procurement.

10. Vendor Responsibility: In assessing vendor responsibleness, the Research Foundation adheres to section .44 (d) of OMB Circular A-110, which states "Contracts shall be made merely with responsible contractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. Consideration shall exist given to such matters as contractor integrity, record of past operation, financial and technical resource, or accessibility to other necessary resource. In certain circumstances, contracts with certain parties are restricted by agencies' implementation of Executive Orders 12549 and 12689, 'Debarment and Pause'." See Debarment and Pause. • Workers' Compensation:Workers' compensation provides medical handling, wage replacement, and permanent disability compensation to employees who suffer task-related injuries or illnesses, and decease benefits to dependents of workers who have died as a effect of their employment. The Workers' Bounty Lath oversees all aspects of workers' compensation insurance. • Prior to any permit being issued or any contract existence entered into for work in which employees of a business will be engaged in employment the Enquiry Foundation must obtain acceptable proof that a business is either exempt from or has secured workers' compensation insurance. An ACORD form is not acceptable proof of workers' compensation coverage.  The beneath listed forms are the but acceptable proofs of workers' compensation coverage: • CE-200: Certification of Attestation of Exemption from Workers' Bounty and/or Disability Insurance • Form C-105.two: Document of Workers' Compensation Insurance • Form U-26.three: Certificate of Workers' Compensation Insurance • Form SI-12: Certificate of Workers' Compensation Cocky-Insurance • Form GSI-105.ii: Certificate in Participation in Workers' Compensation Grouping Cocky-Insurance

11. Resource • Office of Direction and Budget Circulars: OMB has promulgated a number of policy and regulatory circulars, which provide guidance for procurement. The following provides a cursory synopsis of 3 nearly commonly referenced circulars. • OMB Circular A-21: This Round establishes principles for determining costs applicable to grants, contracts, and other agreements with educational institutions. The principles are designed to provide that the Federal Government bear its fair share of total costs, adamant in accordance with generally accepted bookkeeping principles, except where restricted or prohibited by law. Agencies are not expected to place additional restrictions on individual items of cost. All Federal agencies that sponsor research and evolution, training, and other work at educational institutions shall apply the provisions of this Round in determining the costs incurred for such work. • OMB Circular A-110: This Circular sets along standards for obtaining consistency and uniformity among Federal agencies in the assistants of grants to and agreements with institutions of higher educational activity, hospitals, and other non-profit organizations. These standards are furnished to ensure that such materials and services are obtained in an effective manner and in compliance with the provisions of applicative Federal statutes and executive orders. The standards contained in this section do non relieve the University of any other contractual responsibilities. The University is the responsible authority, without recourse to the Federal awarding agency, regarding the settlement and satisfaction of all contractual and administrative problems arising out of procurements entered into in back up of an accolade or other understanding. • OMB Circular A-133: A-133 sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non-turn a profit organizations expending Federal awards.

12. In closing…. There are many levels of procurement, with unique requirements and regulations. Trained purchasing assembly can help guide you through the process. Boosted grooming presentations can be found at our website at http://world wide web.albany.edu/purchasing/research_funded/index.html

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