Policy 3210A

 

PURCHASING APPROVAL

References: 2 CFR 200.110; 2 CFR 200.112 & 113;  National Defense Authorization Act of                   2017; Wyoming State Statutes: §9-2-1016; §9-2-2906; § 9-4-103; § 9-4-217; §9-13-103-§9-13-108; §16-6-101(a)(v); § 21-15-109(a)(iii); and §21-18-205(g)

The Board of Trustees affirms no individual has the authority to enter into purchase contracts unless specifically authorized by the Board, the College President, or President’s designee. The Board asserts that all purchasing of materials, supplies, services, equipment or capital outlay shall be subject to controls established by the Vice President for Administrative Services and his/her designee.  Any purchases that are considered unauthorized may become a personal obligation to the vendor by the individual making the purchase unless otherwise approved in writing by the President.

The College President or their designee has spending authority up to $49,999 without Board approval.  Any purchase $50,000 or over must be approved by the Board.

Definitions

Purchase:
A one-time expenditure which does not obligate the College to future purchases.

Contract:
A signed and legally binding document that recognizes and governs the rights and duties of the parties to the agreement and creates an obligation on the part of the College. Except as provided in the third paragraph, the College shall not enter into any contract for the purchase of property or services with any person or with any members of the immediate family of any person who is:

  1. A member of the Board;
  2. An administrative officer of the College that includes the following: President, Vice-President, Dean, and/or
  3. An employee of the College involved in the requisitioning or purchasing of property or services, or the approval thereof, or in the selection of prospective bidders or in the awarding of contracts on behalf of the College, hereinafter referred to as an interested person.

The provisions in the second paragraph above shall not apply if the interested person:

  1. Makes a declaration on the record to the Board regarding the nature and extent of his or her interests prior to the official consideration of the contract;
  2. Does not vote on the matter of granting the contract;
  3. Does not act for the Board which is a party to the contract as to inspection or performance under the contract in which he or she has an interest.

If the interested person's parents, spouse, or child is an employee of the College, or a member of the Board, the interested person may vote on all issues of the contract which are generally applicable to all employees or all employees in that classification and does not single out his or her parents, spouse, or child for special action. Any contract entered into with an interested person of the Board shall be subject to applicable competitive bidding requirements and shall be fair and reasonable to the governing body.

The Board of Trustees requires written quotations or bids for the purchase of supplies, services, equipment, or capital outlay items when the anticipated amount of such purchases exceeds $10,000.00, which is the micro-threshold dictated by the National Defense Authorization Act of 2017 for institutions of higher education. The Board requires the College to establish and maintain an orderly process for the approval of all contracts and agreements entered into by the College.

Adopted: July 19, 1989
Revised: December 13, 2001
Reformatted: April 20, 2010
Revised: May 13, 2021
Reformatted: August 3, 2021

Procedure 3210A.1

QUOTES AND BIDS

It is the policy of the Board of Trustees to require written quotes, bids or proposals for the purchase of supplies, services, equipment, or capital outlay items.  No purchase order shall be divided for the purpose of avoiding this provision.  The following limits prevail:

Amount of Purchase/Process

$0-$9,999: These purchases are made without any requirement for quotes or bids, however, to the extent possible these purchases should be equitably spread-out between qualified suppliers.

$10,000-$49,999: A minimum of three (3) written (screen shots are acceptable with date and from whom the quote is being obtained) comparative quotes or bids shall be obtained and attached to the requisition prior to the issuance of a purchase order.  When quotes are comparable, and to the extent possible, these purchases should be equitably spread out between qualified suppliers. Results of the quote process shall be attached to the requisition prior to the issuance of a purchase order.

$50,000 and Over: The College shall solicit sealed competitive bids or requests for proposals after having first obtained approval from the Board of Trustees.  The bid/request for proposal process shall be handled through the office of the Vice President for Administrative Services to follow all Wyoming Statutes that pertain to procurement.  Advertising is required; a call for bids/proposals shall be published at least once in a newspaper of general circulation in the district.  These requests should be solicited from an adequate number of qualified sources, proposals must contain a written method for conducting technical evaluations received and the criteria for selecting a proposal. The Board of Trustees shall approve all bids/proposals recommended by the Administration.  Results of the bidding process, and the Board’s approval of such shall be attached to the requisition prior to the issuance of a purchase order.

Procurement by noncompetitive bid processes are only allowable under one of the following circumstances:

  1. The item/service to be procured is only available from a single source; a sole source justification statement shall be verified by the office of the Vice President for Administrative Services and attached to the requisition. The requestor  shall document how the contract was awarded and note this on the requisition prior to the issuance of the purchase order.  The office of the Vice President for Administrative Services has a log of these agreements or can verify validity.
    1. These instances may include use of contracts that have been competitively awarded through cooperative agreements, other college/university lead agreements or municipal agreements with suppliers/vendors.
    2. The item/service is proprietary in nature or one of a kind. Distribution of the item/service is limited through single procurement channels like territories or gold standard distributors, etc. 
  2. There is an emergency situation that requires the item/service immediately. See below for procedure.
  1. The Federal awarding agency or Pass-through Entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity.
  1. After solicitation of a number of sources, competition is determined to be inadequate. The requestor shall document why the competition is inadequate and note this on the requisition prior to the issuance of the purchase order.

When such proposed purchasing being recommended amounts to $50,000 or more, the Board of Trustees must approve same.  Written justification for such purchasing must be attached to the requisition prior to the issuance of a purchase order.

The Board reserves the right to reject any and all bids and waive informalities and technicalities.

Emergency Purchases
A bona fide operating emergency is defined as an event that:

  1. cannot reasonably be foreseen,
  2. demands correction by immediate action, and
  3. threatens either an economic loss or the health or safety of the students, college personnel, or the public.

In the event of an emergency, the College President or his/her designee will discuss the problem with the appropriate individuals and agree upon appropriate action.

For new expenditures of funds $50,000 or more, the College President shall inform the Board President of the situation and obtain approval for the expenditure.  The expenditure shall be approved at the next regular meeting of the Board of Trustees.

Uniform Grant Guidance
Under the Uniform Grant Guidance, the College is opting into the two-year grace period for implementing procurement standards per 2 CFR200.110. Further, under this Guidance in sections 2 CFR200.112 & 113 the College must disclose all relevant conflicts of interest or criminal violations and implement internal mandatory disclosure policies that explicitly prohibit employees from soliciting or accepting “gratuities, favors or anything of monetary value from contractors or parties to subcontracts”.  This mandate is also addressed in the Policy and Procedure 4420A, along with the consequences for violations regarding the policy.

Adopted: July 19, 1989
Revised: December 13, 2001
Revised: April 20, 2009
Reformatted: April 20, 2010
Revised: June 27, 2017
Revised: May 13, 2021

Procedure 3210A.2

PURCHASING APPROVAL

Reference:       Policy 3210A

As per Board of Trustees’ policy, all purchasing of supplies, services, equipment or capital outlay items are subject to the controls established by the Vice President for Administrative Services and the Associate Vice President of Finance. Those include but are not limited to:

The following procedures and rules must be followed:

  1. A requisition must be completed and presented to the Business Office for approval or a College purchase card must be used.
  1. All purchase orders shall be prepared by the Business Office.
  1. In those situations where goods and services may be charged at local businesses, a purchase order, blanket purchase order or purchase cards must be presented where the charge is to be made. A copy of the ticket, signed by the individual making the charge, must be returned to the Business Office.
  1. No employee shall incur any debt against the College without approval as set forth below:
    1. An approved purchase order processed through the Business Office, OR
    2. A charge to a College purchase card approved for use by the appropriate Vice President and in accordance with usage restrictions and requirements established by the Vice President and filed with the Associate VP of Finance.
  1. Any unauthorized debt incurred against the College may, at management discretion, become the obligation of the employee.
  1. Orders can be placed by telephone, fax, mail, email, or online after the above procedures have been achieved.

Individuals shall not use the name of the College to order anything for themselves, others, or for any outside organizations.

Economy of Purchasing
The expenditure of all College funds should be handled so that the greatest ultimate value per dollar expended is achieved.

Relations with Vendors
Only salespersons of materials, equipment, or services which normally would be used in the College are to be admitted to the College. The setting up of displays of those admitted must have approval of the appropriate administrative officers. In no case may salespersons disturb employees during work hours without approval. All salespersons and company representatives must be cleared through the appropriate administrative officers before consulting with any employee of the College.

Definitions
Purchase: A one-time expenditure which does not obligate the College to future purchases.

Contract: A signed and legally binding document that recognizes and governs the rights and duties of the parties to the agreement and creates an obligation on the part of the College.

Adopted: July 19, 1989
Revised: March 26, 1998
Reformatted: April 9, 2010
Revised: September 12, 2013
Revised: May 13, 2021

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