Procurement Procedures

Op8.16 Procurement Procedures

Procurement cards

Requisitions

Direct pay invoices submitted via payment requests

Cooperative contracts

Solicitations

Federal Transit Authority (FTA)

Order splitting

Single Feasible Source (SFS) purchases

Posting requirement for purchases of $25,000 and over

Emergency procurement

Board reporting

Vendor references

Protests

Construction contracts

Required language for purchase orders and subcontracts

Diversity

Ethics

Procurement cards

Departmental Procurement Cards issued by the Office of Procurement Services may be utilized for purchases for approved categories in the amount of $3,000 or less. Transactions may be made for up to $5,000 monthly.

Expenditures for items that are over the threshold must be approved by the Director of Procurement Services by placing a request through the Procurement Card Coordinator prior to the transaction.

It is the responsibility of departments to monitor spending with individual vendors to ensure that annual expenditures are within solicitation thresholds.

Requisitions

Requisitions issued to the Office of Procurement Services shall be utilized for purchases of $3,000 and above , or may be utilized for amounts under $3,000 in those instances where the Procurement Card is not used, or when a payment request is not utilized.

Direct pay invoices submitted Via payment requests

Direct pay invoices may be used for after the fact payment processing for purchases from approved categories up to $3,000. A payment request form must be issued, and the invoice must be submitted to Accounts Payable.

Cooperative contracts

Pre-existing contracts of other public entities and buying cooperatives may be utilized without further solicitation when such contracts can fulfill University requirements and satisfy University procurement policies.

Solicitations

The Office of Procurement Services is required to obtain formal competitive solicitations in the form of a Request for Quotation (RFQ) or a Request for Proposal (RFP) for purchases costing $10,000 or more.

University Departments are required to obtain Informal solicitations for purchases costing from $3,000 to $9,999.

Informal solicitations can be obtained through verbal, phone or email quotes from vendors, as well as price lists, catalogs, advertisements and other reasonable means (see exceptions for informal solicitations below).

Each University department is responsible for maintaining documentation of quotes obtained informally or justification of why informal solicitations were not obtained. It is also the responsibility of each University department to submit documentation of quotes with the requisitions/payment request to be scanned into the University’s Banner system for auditing purposes and proper archiving. Documentation must be provided when designated consultant and/or evaluator exceptions are approved by the grantor.

It is the responsibility of the administrative head of the ordering department to assure that purchases initiated by departmental staff are made in accordance with the University procurement policy, and in the University’s best interest. Although solicitation is not required for purchases costing less than $3,000, University staff are encouraged to exercise good judgment to ensure University funds are spent reasonably and responsibly. See G1.13 Fiscal Responsibility Policy.

Awards must be made to the respondent(s) providing the best overall value.

Exceptions for formal competitive solicitations with Brief documentation of the rationale include:

(*Exception may also apply to informal solicitations for University Departments.)

  • Existence of previously bid internal contracts, cooperative contracts, or compacts or programs created by statute and/or administrative regulations that are applicable and desirable to the commodity or service (EC).
  • Less than one year has lapsed since the last competition, and the commodity or service can be obtained at the same price as the award from the previous competition (LY).
  • Single Feasible Source (SFS) purchases, which require departmental justification, and buyer evaluation and approval (SS). See Single Feasible Source policy below. *
  • Emergency procurements, where a threat is present to life, property, public health, or public safety (EP). See Emergency procurement policy below. *
  • Circumstances where the expiration dates of related contracts need to be aligned together in order to allow for the future collective solicitation of commodities or services (ED).
  • Reasonable modifications and extensions of existing or expired contracts with approval of the Board of Governors or University official with proper contracting authority (ME).
  • Purchase of supplies for the purpose of resale to the general public in concession operations controlled by the University (RO).
  • Purchases, leases, and other transactions under which the University receives rights to occupy or use real property (RP).
  • Purchases of legal services and goods and services directly related to the provision of legal services (LS).
  • Purchase of insurance through the Midwestern Higher Education Compact (MHEC) Master Property Program (PI).
  • Time sensitive transactions, particularly grant funded items where required deliverable dates are driven by grant terms and conditions, research requirements, or classroom/laboratory need [$5,000 to $15,000 only] (TS). *
  • Instances where professional judgment, based on an awareness of market conditions and historical purchases, shows that further vetting of the commodity or service would not be cost effective [$5,000 to $15,000 only] (PJ). *
  • Other purchases at the discretion of the Director of Procurement with approval from the Chief Financial Officer or President, with description of the rationale (OT).

Federal Transit Authority (FTA)

Federal clauses are to be included in solicitations when Federal Transit Autthority (FTA) funds are used. See Clauses, and FTA Best Practices Manual http://www.fta.dot.gov/12831_6195.html.

Order splitting

End-users may not enter multiple requisitions for the purpose of reducing the dollar amount of an order below the solicitation threshold. Order splitting is evidenced by the appearance of intent, such as a pattern. Changes and unanticipated requirements are considered reasonable exceptions.

In those instances where it may be unclear if a solicitation is required, an assessment should be made to determine the expected annual expenditure before placing a requisition, and the results should be communicated on the requisition to the appropriate procurement buyer. Usage requirements should be estimated to the maximum extent practiced for a year. Historical data and/or other methods available should be utilized to make the determination.

Single Feasible Source (SFS) purchases

Single Feasible Source (SFS) purchases must be justified in writing by the Office of Procurement Services for purchases of $10,000 and over; and by the University Department for purchases costing from $5,000 to $9,999. Single Feasible Source purchases exist when:

  1. Supplies are proprietary and only available from the manufacturer or a single distributor; or
  2. Based on past procurement experience, it is determined that only one distributor services the region in which the supplies are needed; or
  3. Supplies are available at a discount from a single distributor for a limited period of time.

The following are examples that are impractical or impossible to compete, and thus shall not require a written single feasible source justification:

  1. Services of visiting speakers, professors, and performing artists;
  2. Works of art and historical items for museum and public display;
  3. Published books, maps, periodicals, newspapers, and technical pamphlets, on-line library cataloging and other services, and bibliographic library services through consortiums;
  4. Regulated utility services;
  5. Trial use or testing specific items for suitability;
  6. Print, electronic, broadcast, and/or other media advertising.
  7. Support services only available from the actual manufacturer or service provider for existing systems.

    Examples include software or copier agreements, or suppliers such as Blackboard (course management system, BearPass card system), Simplex-Grinnell (security access system), SunGard Banner (ERP), or Time Management (work management system), Johnson Controls, Incorporated (energy efficiency improvement systems).
  8. Fees for Intercollegiate Athletics, i.e. conference membership dues, game guarantees, et cetera.
  9. Student and employee travel, such as trips/tours/meetings/conferences and all related expenses, i.e.travel agency, air and ground transportation, lodging, meals, fees, et cetera.

  10. Grant subawards, and when the grantor has provided written approval to utilize a designated grant consultant and/or evaluator.

  11. Sponsored Research.
  12. Banquets/Conferences/Retreats – Rental of meeting space, food, and beverage, except for grant funded events, which must be solicited or justified when above the solicitation thresholds.

Posting requirement for purchases of $25,000 and over

All purchases in the amount of $25,000 and over that result from solicitations shall be:

  1. Posted as notice of the proposed purchase in the Office of Procurement Services, and
  2. Solicited as bids by electronic or surface mail, or other reasonable method generally available to the public when such methods are deemed more advantageous for the supplies to be purchased, and
  3. Provided through an electronic medium available to the general public for at least one day, five calendar days before the bids for such purchases are to be opened, or

    Advertised in at least two daily newspapers of general circulation for at least one day, five calendar days before the bids for such purchases are to be opened.

    The requirement for electronic posting or advertising may be waived if not feasible due to the services and supplies being available at a discount for only a limited period of time.

Emergency procurement

The requirement for competitive solicitations may be waived when there exists a threat to life, property, public health, or public safety, when immediate expenditure is necessary for repairs to state property in order to protect against further loss of or damage to state property, to prevent or minimize serious disruption in state services, or to ensure the integrity of state records. Emergency procurement should only be utilized to purchase those supplies which are necessary to alleviate the emergency.

Procurement for emergency situations shall be made with as much competition as is practicable under the circumstances. Per FEMA guidelines, purchases made under this provision should be completed within 70 business hours of the emergency event.

When emergency procurement procedures are utilized a brief written justification shall be provided.

Board reporting

Board reporting shall also be made per the following occurrences:

  1. Contracts for the purchase of goods and services estimated to exceed $100,000 must be reported to the Board of Governors for approval.
  2. Property leases and contracts for the purchase or sale of real estate should be reported to the board for approval, regardless of value.
  3. Contract amendments that cause the estimated value of a contract to be exceeded by 10% or $25,000, whichever is greater, should be reported to the board for approval.
  4. Single purchases of more than $25,000 if only one bid is received.
  5. Single purchases of more than $25,000 if a bid other than the low bid is accepted.
  6. Single purchases of more than $25,000 that are not competitively bid.
  7. Any award that is determined to be sensitive or of significant impact to the University, at the discretion of the CFO, a Chancellor, or the President of the University.

Vendor references

The request for and checking of references may take place whenever the buyer determines it to be appropriate per the following guidelines:

  • Vendor evaluation may include the required submission of references from sources that are new to the University, or for those vendors that have not been used by the University within the past five years.
  • Emphasis should generally be placed on service oriented, technical, longer-term, or larger dollar items.
  • Performance checks are not required for vendors whose products are routinely carried in the vendor's inventory.
  • Procurement of products and services valued at $3,000 and above may require that a list of references be requested from the vendor.
  • When variables in addition to price are evaluation factors, a reference requirement may be part of the evaluation criteria. A list of relevant questions may also be developed by the buyer in collaboration with the end-user, and a committee if applicable. Each vendor shall be asked the same set of questions.
  • If the vendor is known by the end-user or the buyer, references may or may not be requested or contacted

Protests

A bid or proposal award protest must be submitted in writing and must be received by the Office of Procurement Services within five (5) calendar days after the date of award. The written protest should include the following information:

  • Name, address and phone number of the protester;
  • Signature of the protester or the protester’s representative;
  • Solicitation number;
  • Detailed statement describing the grounds for the protest; and
  • Supporting exhibits, evidence or documents to substantiate the claim.

Upon receiving a properly submitted bid protest, the Director of Procurement will render a decision on the protest and communicate such decision to the protestor. The protestor may appeal the Director of Procurement’s decision to the Chief Financial Officer by submitting a written notice of appeal to the Office of Procurement Services. The notice must be received by the Office of Procurement Services within five (5) calendar days after the date on which the Director of Procurement initially communicated the decision to the protestor. Upon receiving a properly submitted appeal, the Chief Financial Officer will render a decision on the protest and communicate such decision to the protestor. All claims by disappointed bidders who do not comply with the protest procedures or utilize all available processes set forth herein will be considered waived.

The University reserves the right to award a contract, commence performance of a contract, or otherwise proceed with the applicable procurement processes despite a pending protest if the Director of Procurement determines that time is of the essence.

Construction contracts

This policy does not apply to contracts for construction and contracts for the professional services of architects, engineers, and land surveyors negotiated and administered by the Office of Planning, Design and Construction in accordance with G8.06 Contracts for Construction and G8.07 Contracting for Professional Services.

Required language for purchase orders and subcontracts (VEVRAA)

The following language must be included in bold typeface in subcontracts and purchase orders:

This contractor and subcontractor shall abide by the requirements of 41 CFR 60-741.5 (a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and Subcontractors to employ and advance in employment qualified protected veterans.

Required language for purchase orders and subcontracts (Section 503)

The following language must be included in bold typeface in subcontracts and purchase orders:

This contractor and subcontractor shall abide by the requirements of 41 CFR 60-741.5 (a). This regulation prohibits discrimination against individuals on the basis of disability, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.

Diversity

It is a goal of the University to improve diversity and inclusion on the campus. The University welcomes potential interested women, minorities, veterans, and individuals with disabilities vendors who can supply goods and services to the University that are responsive to the terms and conditions of its solicitations.

Ethics

Conflict of Interest

The Office of Procurement Services follows the conflict of interest guidelines by the Missouri Ethics Commission, and by University operating policy relating to conflict of interest/ethics and financial disclosure.

References

Selected Points

  • Gifts, Honoraria, See RSMo 105.

    The names and addresses of any sources of gifts or honoraria valued at $200 or more received are to be documented annually for the Missouri Ethics Commission.

Penalties for Violations

A complaint can be filed with the Missouri Ethics Commission against the public official or employee who violates a Chapter 105 conflict of interest law and/or their political subdivision’s ordinances/policies. The Commission may assess penalties, including financial penalties, against the official or employee.