University Procurement/General
| No. 5-25a | Rev. 07-10-01 | Date 2-23-83 |
I. PURPOSE
To set forth general purchasing policies and responsibilities of the University. 91¶ÌÊÓƵ subscribes to and is governed by the Utah Procurement Code.
The following rules and regulations have been developed by 91¶ÌÊÓƵ as required by and to supplement the Utah Procurement Code Section 63-56-2 Utah Code Annotated, 1953. These rules and regulations are subject to all applicable state laws.
The Utah Procurement Code and these rules and regulations apply to all monies expended by the University, whether state appropriated, federally appropriated or received in the form of a gift, grant or contract.
It is the intent of 91¶ÌÊÓƵ to actively pursue cooperative buying arrangements with other public procurement units for supplies and services where advantage to 91¶ÌÊÓƵ may result. The terms of such arrangements shall be negotiated with cooperating parties on a contract-by-contract basis. 91¶ÌÊÓƵ may participate in contract negotiations, specification preparation, contract administration or any other function of such cooperative contracting.
II. REFERENCES
Utah Procurement Code, 1953 Utah Code Annotated, SS63-56-1 et. seq.
PPM 5-25b, Requisition Preparation and Processing
PPM 5-25d, Restricted Purchases and Special Procurement
PPM 5-25h, Procurement From a Vendor in Which University Employee Has An Interest
PPM 5-25i Purchasing Cards
PPM 5-32 Travel
III. DEFINITIONS
The following terms shall have the same meaning as in the Utah Procurement Code as adapted to 91¶ÌÊÓƵ:
A. Architect-Engineer Services
Those professional services within the scope of the practice of architecture as defined in section 58-3-6, or professional engineering as defined in section 58-22-2, Utah Code Annotated, 1953.
B. Business
Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other private legal entity.
C. Change Order
A written order signed by the procurement officer, directing the contractor to suspend work or make changes, which the appropriate clauses of the contract authorize the procurement officer to order without the consent of the contractor or any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity or other provision of any contract accomplished by mutual action of the parties to the contract.
D. Construction
The process of building, renovating or demolishing any University structure or building, major development or landscaping of University real property. It does not include the routine operation, repair or maintenance of existing structures, building or real property.
E. Contract
Any University agreement for the procurement or disposal of supplies, services or construction.
F. Grant
The furnishing by the state or by any other public or private source of assistance, whether financial or otherwise, to any person to support a program authorized by law. It does not include an award whose primary purpose is to procure an end product, whether in the form of supplies, services or construction; a contract resulting from such an award is not a grant but a procurement contract.
G. Invitation for Bids
All documents, whether attached or incorporated by reference utilized for soliciting bids.
H. Person
Any business, individual, union, committee, club, other organization or group of individuals not including a state agency or local public procurement unit.
I. Procurement
Buying, purchasing, renting, leasing or otherwise acquiring any supplies, services, or construction. Procurement also includes all functions that pertain to the obtaining of any supply, service or construction including description of requirements, selection and solicitation of sources, preparation and award of a contract and all phases of contract administration.
J. Procurement Officer
The director of purchasing or any person duly authorized by him/her to enter into and administer contracts and make written determinations with respect thereto. It also includes an authorized representative acting within the limits of authority.
K. Purchase Description
The words used in solicitation to describe the supplies, services or construction to be purchased and includes specifications attached to or made a part of the solicitation.
L. Request for Proposals
All documents, whether attached or incorporated by reference, utilized for soliciting proposals.
M. Responsible Bidder or Offeror
A person who has the capability in all respects to perform fully the contract requirements and who has the integrity and reliability which will assure good faith performance.
N. Responsive Bidder
A person who has submitted a bid which conforms in all material respects to the invitation for bids.
O. Services
The furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. It does not include employment agreements or collective bargaining agreements.
P. Specification
Any description of the physical or functional characteristics or of the nature of a supply, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a supply, service or construction item for delivery.
Q. Supplies
All property, including but not limited to equipment, materials, printing and leases of real property excluding land or a permanent interest in land.
R. Surplus Supplies
Any supplies that are no longer needed for University use. It includes expendable supplies, scrap materials and non-expendable supplies that have completed their useful life cycle.
IV. POLICY
A. Purchasing Department Responsibilities
1. The Purchasing Department is responsible for the procurement of all supplies and services required by 91¶ÌÊÓƵ and all its departments and auxiliaries except for (a) purchases specifically exempted under paragraph B, below and (b) procurement relating to building construction and architect-engineer services obtained by the Utah Department of Facilities Construction and Management.
2. The Purchasing Department shall establish operating procedures with which to locate and ensure adequate and continuing sources of supply consistent with legal, budgetary and delivery requirements of using departments; to provide the necessary assistance to acquire such supplies and services on a timely and economical basis; to assure compliance with all applicable state, federal and University regulations during the procurement process; and to provide assistance, consultation and advice regarding all procurement needs of the University.
3. In discharging its responsibilities, the Purchasing Department may do the following:
a. Initiate, conduct and conclude negotiations for the purchase of goods and services for the University
b. Obligate the University for the purchase of goods and services
c. Recommend changes in quality, quantity or kind of material requisitioned and to suggest appropriate alternatives
d. Fill requisitions with items of equal usability and quality that are currently available in the inventories of the University
4. The selection of suppliers in accordance with legal requirements is the responsibility of the Purchasing Department. However, suggestions by departments will be considered whenever they are competitive with other sources.
B. Exceptions
By virtue of their special needs and the roles they fill at the University, the following operating units are authorized to solicit bids and award purchase orders without going through the Purchasing Department:
1. Stewart Library (books and periodicals only)
2. University Bookstore (items for resale only)
3. Telecommunications Department (for installation of telecommunication equipment)
C. Limitations and Restrictions on Procurement
1. The University is prohibited from making purchases of personal items for university employees or students.
2. The University may not purchase goods or services from University personnel or from business firms in which University personnel serve as officers or directors or hold a substantial financial interest unless special procedures are followed to avoid a violation of the Utah Public Officers' and Employee's Ethics Act. (See PPM 5-25)
3. Unless specifically approved in writing by the director of Purchasing or his/her authorized representative, purchasing orders or commitments for procurement by university employees are not binding on the University. Individuals who do not comply with University policy when placing procurement orders may become personally liable to the vendor for the contract price. (See also PPM 5-4a, Contract and/or Disbursing Officers).
D. Procedures
1. Purchases made under federal contracts and grants during the final weeks prior to the end of the contract period may be disallowed. (See PPM 5-25b, IV, B)
2. Advance payments may not be made, except to specified government agencies, vendors with minimum prepayment requirements and in certain other cases as determined appropriate by the director of Purchasing.
3. Any departmental correspondence relating to acquisition of goods or services must be processed through the Purchasing Department in order to avoid any unnecessary confusion or delay in the procurement process.
4. University commitment to affirmative action extends to all aspects of its affairs, including the purchasing function. As a vital part of this commitment, emphasis will be placed on locating and encouraging minority business enterprises to participate as suppliers of University procurement needs on a continuing and mutually satisfactory basis, subject to applicable legal requirements and limitations. The Purchasing Department will utilized procedures that ensure maximum practicable opportunity for small and socially disadvantaged enterprises to participate in meeting the procurement needs of the University on a reasonable competitive basis consistent with the ability of such vendors to supply those needs.
5. Gifts of supplies, equipment or materials (other than samples) furnished without charge to the University may be accepted but must be reported to the University Development Office to assure that the gift is recorded and an appropriate acknowledgement provided to the donor. Donated equipment should also be reported to the Property Management Department to assure that the items are properly inventoried.
6. Information is available for inspection in the Purchasing Department relative to legal and contractual remedies available to the University, or vendors contracting business with the University, suspension of bidding privileges, vendor debarment procedures, waiver of immunity, claims procedures and other legal provisions binding upon the University under the Utah Procurement Code, 1953 Utah Code Annotated SS63-56-45 to 63-56-50 and 63-56-59 to 63-56-63.
7. Questions regarding existing orders, vendors, product availability or other procurement problems should be directed to the Purchasing Department. Reports of delays and suggestions for improvement of the purchasing process should be directed to the Director of Purchasing.