Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
Revised: 11/20/2012
To establish policy and procedures for responsible procurement practices ensuring compliance with applicable laws, regulations, policies and procedures.
PaCS 202-002 specifies the dollar thresholds at which departments, Business Centers and PaCS have purchase authority. This section guides those units with purchase authority in how to vet the purchase or contracting of the goods and services for policy adherence.
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
Revised: 3/12/2013
The following purchases require review or approval from specified departments prior to making the purchase. Departments or Business Centers submitting Purchase Requisitions or Contracts for PaCS review should ensure the required internal or other department policy holder review or approval is received prior to submittal. PaCS will not be held responsible for delays in initiating purchases or contract development or review due to submitter’s failure to have them properly vetted.
Facilities Services should be consulted when a department is requesting work to be done such as Construction, Electrical, Design/Build, Architectural and Engineering, Autoclaves, Fume Hoods, Hazardous Materials, Telecommunications Wiring, Ducting, Heating, Air Conditioning, UPS Units, Roofing and anything related or requiring a permit. For more detailed information see PACS 502-03.
The Facilities Services Department of Environmental Health & Safety (EHS) must authorize all purchases of radioactive material or radiation-producing machines, regardless of whether by purchase, gift, loan, transfer, or other means. In accordance with the Radiation Safety Manual http://oregonstate.edu/ehs/rso/rsm-index authorization must be verified and documented prior to placing the order or accepting gifts, loans or transfers.
Most procurements of radioactive material are radiolabeled chemicals for use as tracers in laboratories. The following is a “hot list” of other items that incorporate radioactive material or produce radiation, and also require prior approval of Radiation Safety:
The Department of Environment, Health & Safety (EHS) must be notified by email and must approve all purchases classified as hazardous materials.
All purchases using any of the OSU logos or name are to be reviewed and approved by University Advancement. For more information on obtaining University Advancement authorization go to http://oregonstate.edu/marketing/. Vendors and Contractors may not use the name of Oregon State University, any Oregon State University Trademarks or logos without the express written consent of the university.
Pursuant to the Vice President for Finance and Administrations memo dated December 1, 2004, Printing and Mailing Services http://printmail.oregonstate.edu/policies-turnaround has been identified by the University as the sole agency for print purchasing and copying using state or university funds. All purchases for printed materials and services should be directed to Printing and Mailing Services.
All purchases of research animals must be approved by the Laboratory Animals Research Center (LARC) prior to purchase. All Contracts for the housing, transportation or use and care of research animals must be approved through the Institutional Animal Care and Use Committee (IACUC).
OSU has a central Motor Pool which rents vehicles to departments on an as needed basis. While purchasing or leasing a vehicle for a department’s sole use is not prohibited, consideration should be given to the aspects involved in owning or leasing a vehicle such as registration, title, ownership, maintenance, gas purchases, insurance and driver eligibility. Prior to purchasing or leasing a vehicle departments must work with the following groups to coordinate the aspects listed:
Purchasing New Vehicles:
Purchasing Used Vehicles:
If an item is used as a trade-in allowance toward purchase, the documentation must include an approved Property Disposition Request (PDR) located at the following website: http://inventorycontrol.oregonstate.edu/formList.cfm signed by the Surplus Property Manager, and written approval from Inventory Control confirming the item is University owned. All Trade-Ins must follow the Property Management Policies and Procedures: http://oregonstate.edu/fa/manuals/pro/209 and approval must be confirmed prior to processing. Purchases made with a trade-in are capitalized at their full value, not the amount after it was reduced by the trade-in allowance. If multiple assets are being traded there must be a specific amount for each asset – not a lump sum for all. For additional information related to Trade-In’s see PaCS 303-009.
Purchases of goods and services that are determined to be subject to the Bureau of Labor & Industries (BOLI), Prevailing Wage Rates (PWR) are excluded from purchase authority granted to departments or Business Centers regardless of dollar threshold. See BOLI Procurement 504-05. When unsure if a purchase qualifies for BOLI, immediately contact PaCS.
Purchases with an Account Number of 40101 and a restricted fund index number (an index that is not the typical E & G index of 3 alpha characters followed by 3 numeric characters) must have approval of the Office of Post Award Administration (OPAA). Purchaser will obtain this approval prior to completing the Purchase Order.
Purchases or Contracts at or above $25,000 using federal funds may not be made to Entities or Vendors that are debarred, suspended or otherwise excluded from or ineligible for participation in federal assistance programs or activities.
Contracts or procurements for auditing services must be reviewed and approved by the Vice President of Finance and Administration and Assistant Vice President and Controller of Finance and Administration. After such approval is received, departments are to contact the Oregon University System Internal Auditor to develop the contract or procurement.
Some procurement and contract documents require review by the Office of General Counsel. This requirement varies by dollar value and/or type of purchase or contract. PaCS may seek legal advisement outside of the requirement as necessary.
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
Revised: 11/20/2012
Purchases over $25,000 and BOLI procurements at any dollar value (See PaCS 504-05) must be submitted to PaCS through the appropriate Business Center on a Purchase Requisition with the required approver’s signature(s) according to the purchase authority set forth in PaCS 202-002 and as indicated on the Purchase Requisition. Purchases subject to BOLI PWR and those purchases made in excess of $25,000 without PaCS involvement will be considered unauthorized (See PaCS 200). The total amount of the purchase price should be calculated in the aggregate of the reasonably known quantity of purchases not including equipment trade-in values. PaCS does not process purchases for amounts less than $25,000 unless they are subject to BOLI PWR. Those non-BOLI related purchases between $5,000 and $25,000 should be managed through the applicable Business Center according to the Business Centers Policies and Procedures.
When submitting requisitions departments should allow at least 10-14 days from requisition submission to issuance of a purchase order for purchases between $25,000 and $100,000 and for BOLI Procurements. For purchases greater than $100,000 allow 30+ days. Timing depends on the complexity of the purchase, necessary authorizations, type of solicitation method being utilized, available resources and any necessary negotiations.
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
Revised: 3/12/2013
The purchase authority dollar threshold indicates from where an authorized Purchase Order may be issued. The unit issuing the Purchase Order is responsible for all aspects of the Purchase Order including but not limited to:
Purchase Orders can be issued for purchasing standard goods or services that are “off the shelf” or fairly typical. For more complex purchases, a different form of Contract should be contemplated.
PaCS is responsible for issuing Banner Purchase Orders for purchases that exceed $25,000. Departments and Business Centers are not authorized to issue procurements that exceed $25,000. Purchases may not be fragmented in order to circumvent the necessary processes associated with issuing purchases over the $25,000 threshold, see PaCS Policy and Procedure 103-002.
Except for purchases subject to BOLI PWR, Business Centers will issue OSU Purchase Orders for purchases between $5000 and $24,999.99 referencing the appropriate terms and conditions on the PaCS website. Exceptions include those allowed in PaCS 303-012.
Except for purchases subject to BOLI PWR, Departments may issue Departmental Purchase Orders or Banner Purchase Orders for purchases at and under $4999.99.
Purchase Orders $5,000 and greater will be issued through Banner and reference the appropriate Standard Terms and Conditions listed on the PaCS website at: http://pacs.oregonstate.edu/other/termsandconditions.cfm. Business Centers should contact PaCS if unsure about which terms and conditions apply to their purchase. OSU Purchase Order Standard Terms and Conditions prevail over Vendor terms and conditions. Under no circumstances should Department or Business Center staff allow or agree to make changes to OSU Purchase Order Terms and Conditions. If a Vendor requests changes to the terms and conditions, submit request to PaCS for review.
Purchase Order changes and modifications should be initiated by the unit that initiated the Purchase Requisition by sending their request for the change or cancelation to PaCS. Only PaCS may cancel or change a Banner Purchase Order. PaCS will review requests for changes and cancelations to determine feasibility prior to making any changes or cancelations. In some cases, changes or cancellations may not be allowed.
Banner has an automatic function that disallows the completion and encumbering of a Purchase Order greater than $25,000 for Business Centers. If a Department or Business Center requests completion of the Purchase Order, the unit completing the Purchase Order must review the signed Purchase Requisition, ensure any applicable approvals or processes have been completed and keep a record of the purchase.
When a Purchase Order is approved in Banner an encumbrance is created against the Index. When an invoice is entered into Banner and is not linked to the original Purchase Order, the Purchase Order encumbrance remains open. Purchase Order encumbrances must be monitored by the Purchase Order issuer and the encumbrance deleted by the Purchase Order issuer before the end of the fiscal year.
A capital asset is generally described as a single asset with a minimum value of $5,000 except in special cases approved by Property Management. All Capital Assets shall be purchased according to the Property Management Polices and Procedures: Software, consumables, minor equipment not permanently affixed to the equipment and maintenance cannot be considered part of the asset value. Freight, training, and set up can be a part of the asset value. The proper transaction account code must be used as indicated below:
When an asset involves a trade-in, the original purchase order should reflect the original value of the asset without consideration of the trade-in credit. The intent to make a trade-in and the value, which will be received for the trade-in, should be covered in item text. The trade-in value will be given during invoice payment by using journal voucher processing. When a trade-in is referenced, the department should be reminded they must check with Surplus Property and Inventory Control and complete a Property Disposition Request (PDR) before the purchase. All Trade-Ins shall follow the Property Management Policies and Procedures. A copy of the PDR and the Purchase Order shall be provided to Inventory Control.
For additional information related to Purchase Order Trade-In’s see PCC 301-006.
Generally, an exchange of OSU goods or services for a Vendor’s goods or services in whole or at a discounted rate is not allowable. This practice unfairly eliminates Vendors who may not wish to accept OSU goods and services and disproportionately lowers or eliminates the overall price of the goods without accounting for the trade or discount.
When an asset involves a “discount” from a vendor, the purchase order should reflect the actual discounted cost paid rather than the inflated cost prior to discount.
The following is a list of commodities and payees that do not require issuance of a Purchase Order prior to payment. The following excludes procurement of items that are capitalized equipment:
For procurements under $25,000: Business Centers may pay using a Banner invoice.
For procurements over $25,000: unless granted Banner unrestricted invoice access by the Procurement and Contract Services Chief Procurement Officer and Business Affairs, Business Centers must request an invoice completion from PaCS (see PaCS 304).
Banner FIS unrestricted invoice access may be used for payments only as allowed on the Purchase Order Exception list or as approved by PaCS. For audit documentation purposes, written justification for not issuing a Purchase Order should be stated in the document text of the Banner Invoice document. When referencing use of a Contract, the contract number should be:
Unrestricted invoice access utilized in a manner that falls outside of this policy, procurement Oregon Administrative Rules or related PaCS policies and procedures may be rescinded by the Procurement and Contract Services Chief Procurement Officer and Business Affairs.
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
Revised: 3/12/2013
Invoices for amounts equal to or greater than $25,000, that are not paid against a Banner Purchase Order, require Banner Invoice Completion and PaCS approval before payment will be issued. The completion process and approving officials will vary based on the dollar amount of the invoice. For additional information on approval routing and related separation of duties see FIS 1108 Approval Routing
Banner Invoice completion and PaCS approval will consist of verification that accurate documentation is in place, the procurement was appropriate, conducted in a manner consistent with applicable regulations and within delegated authority. Approval may be granted by the following individuals at the dollar thresholds.
| Dollar Threshold | Required Approving Officials |
|---|---|
| $25,000 - $499,999.99 | Procurement and Contract Services Analyst |
| $500,000 - $999,999.99 | Procurement and Contract Services Chief Procurement Officer or Procurement Supervisor or Executive Director, Campus Operations |
| $1,000,000 and Above | Procurement and Contract Services Chief Procurement Officer or Executive Director, Campus Operations and Assistant Vice President and Controller or Assistant Director of Accounting/Finance and Vice President of Finance and Administration or Associate Vice President of Finance and Administration or Director, Budget and Fiscal Planning and President, Provost, Executive Vice Provost or Vice Provost. |
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
Revised: 3/12/2013
See FIS 1402-02 for cash outs
and OSU Business Affairs OSU Purchasing Card Prohibited Uses
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
Revised: 3/12/2013
Departments should utilize one of the methods of purchasing and payment for direct purchases. As is the case with purchases, payments should not be separated or fragmented in order to circumvent rules and policies.
Departments are encouraged to make direct purchases by using their procurement card for those purchases applicable under the OSU procurement card program. This method of purchase is an, efficient method of acquisition and payment. Instructions regarding how to utilize your Procurement Card are located at the OSU Business Affairs website http://oregonstate.edu/fa/businessaffairs/accountspayable/purchasingcard.php
OSU Accounts Payable oversees the OSU procurement card program through the credit card purchasing program established by OUS. For more information go to the OSU Fiscal Operations Policy.
When it is not feasible to utilize other more efficient methods of direct purchasing, OSU departments or Business Centers may wish to issue a Purchase Order. Departments may issue a departmental Purchase Order or a Banner FIS Purchase Order. Once created, departments can send the Purchase Orders directly to the Vendor. For purchases $5,000 and over issuing a Purchase Order is required unless an exception under 303-012 is utilized.
There are rare instances where use of the Procurement Card is not feasible and the Vendor will only accept a Purchase Order after OSU has been approved for a credit account with the Vendor. In those rare cases, departments may initiate establishing such accounts as long as it does not exceed a credit limit of $5000, does not result in a commercial credit account, revolving credit account or credit card. Only those individuals with Contract Signature Authority are authorized to sign the credit application.
PROCEDURE:
To establish a credit account, departments or Business Centers should complete credit applications with the information that pertains specifically to their department such as the department name, contact information and billing address. PaCS will complete the business credit information requested such as tax id number, references, DUNS number, and other financial information on the credit application. Once the department has filled in their information, credit applications should be submitted to PaCS for signature via email at pacs@oregonstate.edu. This is the preferred and most efficient method of submittal however if this method is not feasible departments may fax their request to (541) 737-2170 or via campus mail to PaCS.
The submittal will be assigned to an analyst who will then review the credit application, modify any terms or conditions contrary to what OSU can agree to, attach the Business Credit Information attachment, sign and return to the appropriate Business Center or department.
The following procurement mechanisms are prohibited:
Auto Pay is an OSU program where the monthly statement of all invoices from the vendor(s) is processed by Accounts Payable rather than by individual departments. The Auto Pay program is managed by Business Affairs. For more detailed information go to FIS 408.
All Purchase Orders and Contracts should indicate payment terms of Net 30 even though pursuant to ORS 293.463 and OAR 580-061-0050 we are not required to pay interest on late payments until the 45th day after payment is due. Cash on delivery, prepayment or payment prior to receipt of any goods or services should not occur unless pre-payment conditions exist as noted below. Cash to accompany orders must be managed by the department with Accounts Payable.
Prepayment to vendors is highly discouraged because it renders payment for goods or services that have not yet been received. This omits OSU’s ability to withhold payment when goods or services have not been delivered. When a vendor requires prepayment the following conditions must exist:
Vendor documentation may be required to verify that prepayment is the only acceptable form of payment.
PaCS maintains current expenditure and revenue W9’s for the University. Tax ID number 93-6001786 is used by all OUS institutions for expenditure transactions or purchases. The name listed on the W9 is “Oregon University System”. Tax ID number 48-1278540 is used solely by OSU for revenue transactions. The name listed on the W9 is “Oregon State University”. The names listed on the W9’s are in accordance with the Internal Revenue Service records and should not be changed. Departments will not be issued separate W9 forms.
Departments may not create or sign new IRS W9 forms or alternate W9 forms. Occasionally a vendor may request OSU to fill out an alternate W9 form capturing information on the IRS W9 form as well as additional reporting requirements. It is recommended that the department first try to use the already completed IRS W9 forms on file at PaCS using the appropriate Tax ID number for the type of transaction (expenditure or revenue) being conducted. If the vendor does not accept the IRS W9 and requires the alternate W9 to be completed, send to PaCS for processing.
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
Revised: 3/12/2013
John A. Kitzhaber, M.D., Governor of Oregon issued Executive Order E0-00-07 on May 17, 2000 directing all State of Oregon agencies and employees to develop and promote policies and programs that will help Oregon meet the goal of sustainability by the year 2025. Since Oregon State University is a land-grant institution committed to the citizens of Oregon and the sustainability of Oregon’s environment, compliance with this directive is essential to the long term health of the State of Oregon. Oregon State University PaCS will utilize sustainable purchasing practices whenever feasible to do so.
OSU will use sustainable purchasing by applying the methodology of “Reduce, Reuse, Recycle, and Recover.” Whenever practicable, attention should be given to the environment through the evaluation of this methodology along with performance, life expectancy, quality, and value for money.
When purchasing goods and services, Oregon State University will strive to balance short and long-term costs, maintenance, life cycle, and costs to the environment. Oregon State University is committed to identifying goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods and services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, and disposal of the product. Oregon State University is also committed to identifying companies that utilize environmentally preferable products and services. Companies that are able to supply environmentally preferable products and services (especially post-consumer recycled materials) that meet performance requirements will be encouraged to offer them in bids and proposals.
Oregon State University is committed to providing ongoing education to the university community about the importance of environmentally preferable purchasing. This may be accomplished through training workshops, seminars, and creating a web site training page dedicated to assisting campus departments with sustainable purchasing techniques. Existing environmentally friendly Contracts and agreements may be highlighted on the PaCS web page.
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
Revised: 3/12/2013
Informal Solicitations will be used for purchases between $25,000 and $99,999.99. Informal solicitations are those which fall into a dollar threshold which require competition but do not require a formal procedure. PaCS is the only department authorized to conduct informal solicitations.
The types of informal solicitations normally utilized are a Request for Quote (RFQ) and an Informal Request for Proposal (IRFP). An RFQ will be used when pricing will be the only determining factor. An IRFP would be used when the University wishes to award based on price and additional qualitative characteristics.
An RFQ will be used when pricing will be the only determining factor. An RFQ is the simplest method for obtaining competitive quotes. It is usually used when purchasing a common item that can be easily identified. PaCS will require a clear description of the item, which will be written in a standardized RFQ format. With this type of request the lowest Responsive Responsible quote must receive the award unless the quote is rejected because it did not meet criteria in the RFQ.
An IRFP would be used when the University wishes to award based on price and additional qualitative characteristics. PaCS will use the IRFP process when considering many elements and evaluation of those factors will be the basis for award criteria.
OSU may negotiate with an offeror to clarify its quote or informal proposal or to effect modifications that will make the quote or informal proposal acceptable or make the quote or informal proposal more advantageous to OSU so long as pricing is not revealed.
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
Revised: 3/12/2013
Formal solicitations are those which fall into a dollar threshold which require competition by following the procedure for a formal solicitation outlined in OAR 580-061 & 580-062. Generally formal solicitations are used for purchases equal to or exceeding $100,000. If a purchase does not equal or exceed $100,000 but a formal solicitation is used, the rules for the formal solicitation process must be followed. PaCS is the only department authorized to issue formal solicitations. The typical types of formal solicitations are an Invitation to Bid (ITB) and a Request for Proposals (RFP). An ITB is used when pricing will be the only determining factor. An RFP would be used when the University wishes to award based on price and additional qualitative characteristics.
PaCS will use the ITB process when price is the only relevant award criteria. PaCS will prepare the ITB working with the department to clearly define specifications. With an ITB the lowest priced bid will receive the award unless rejected pursuant to OAR.
PaCS will typically use the RFP process when a purchase requires consideration of many elements in addition to price, and evaluation of those elements will be the basis for award. With an RFP the highest ranked Responsive Responsible Proposer after completion of all stages of evaluation will receive the award unless rejected pursuant to OAR.
Formal solicitations must be open to the public for a minimum of seven (7) calendar days.
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
A Request for Qualification (RFQu) is a procedure by which Procurement seeks vendors that meet a specific level of minimum qualifications. This process is used to establish a qualified vendor list or Qualified Pool. A Solicitation Document is issued establishing minimum qualifications and interested Vendors respond in writing by describing their experience with and qualifications to provide the services described in the Request for Qualification. Generally further competition is required to select from this group of vendors who have met the qualifications and this is generally the initial step.
A Request for Information (RFI) is a procedure by which the University can obtain information in preparation for another type of solicitation. RFI’s are used for informational purposes and do not fulfill the requirements for competition, therefore a contract or award cannot be made from this process. Generally an RFI is used when the University does not have sufficient information of the goods, services or vendor interest. An RFI typically includes a basic outline of what the University is interested in doing and how vendors should provide responses. Responses can be comprised of the vendors marketing materials, or answers to a series of questions. Request for Information may be used by departments as a starting point to find information, but may not result in a purchase or a contract.
OSU may establish a pool of qualified Vendors (“Qualified Pools”) that can be used on a non-exclusive as needed basis for the selection of Contractors when Direct Procurement or Informal Procurement methods are otherwise authorized in OAR 580. This process may not be applied to construction related services.
Contracts issued from the Qualified Pool may not exceed the dollar threshold for the Informal Procurement Method during a single fiscal year. Selection of Contractors from a Qualified Pool will be made as follows:
a) Departments may make a direct purchase up to dollar threshold for Informal Procurements if:
b) Departments may obtain three quotes from Qualified Pool participants and make award up to the dollar threshold for Informal Procurements to the lowest priced respondent.
c) Departments may interview or request presentations from three Qualified Pool participants and make award up to the dollar threshold for Informal Procurements of the highest ranking participant.
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
All solicitations and notices of sole source procurements equal to or greater than $25,000 must be advertised on the OUS website. Solicitations must be advertised on the OUS website from the time the solicitation opens until it closes. Notices of sole source procurements must be advertised for seven (7) calendar days.
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
Revised: 4/30/2013
Reissuance of a solicitation will be at the sole discretion of PaCS who may require a waiting period before reissuance of a solicitation.
Established under the Alternative Processes in OAR 580-062-0020(6), OSU may purchase additional goods based on a previous solicitation from the awarded vendor, without seeking further competition, if all of the following conditions are met:
a) the goods were competitively solicited through an Informal or Formal Procurement Method in accordance with applicable statutes, administrative rules and policies and procedures;
b) at least two Vendors responded to the original solicitation;
c) the original solicitation was awarded within the immediate preceding six (6) month period from the date of the new Purchase Order;
d) the goods are exactly the same as those identified in the original solicitation and any addendums to the solicitation made during the solicitation process;
e) the awarded Vendor is willing to provide the goods at the same price offered in the previous solicitation; and
f) the dollar amount of the purchase from the previous solicitation added to the dollar amount for the additional purchase does not exceed the dollar threshold for the type of solicitation conducted or create a requirement for legal review if legal review was not obtained during the previous solicitation.
Solicitations may be cancelled upon providing official notification of cancellation. Solicitations can be cancelled before or after solicitation opening. Any responses received will be handled in accordance with OAR 580-061-0140.
The requisition will be reviewed by PaCS to determine the appropriate solicitation type and to ensure the department has provided clear specifications or scope of work. Only those specifications included in the solicitation document may be considered when determining responsiveness to that solicitation.
Departments may provide a list of Vendors that they wish to receive the solicitation. If the department does not provide a list or in addition to their list PaCS can locate additional Vendors. Procurement and Contract Services does not maintain a “bidder’s list” or list of Vendors to notify of upcoming solicitations. Vendors can view the Oregon University System Website at https://secure.ous.edu/bid/ to view all Institutional opportunities over $25,000.
Certain commodity and services solicitation and contract types at varying dollar value thresholds require legal review. PaCS will forward finalized documents to the Office of General Counsel for required legal review and for instances where legal advisement is needed.
If applicable, PaCS will conduct a pre-Bid or pre-Proposal meeting insuring any information clarified or provided during the meeting is issued in a written Addendum to the solicitation. A written attendance record of the Vendors present will be created. If the meeting is mandatory only those attending will be allowed to respond to the Solicitation.
If there are any questions from the Vendors, PaCS will act as liaison. If the questions are related to the Specifications or scope of work PaCS may relay those questions to the department if necessary. If the questions are related to the procurement procedure, PaCS will answer the question. If the questions impart information that is not already contained in the Solicitation Document, PaCS will relay the information to all Vendors via an Addendum. Vendors should not contact OSU key stakeholders or evaluation committee members during a solicitation process conducted by PaCS. The reverse is true as well as key stakeholders or evaluation committee members should not contact Vendors during the solicitation process. All Addenda to solicitations will be posted to the OUS website.
Formal solicitations will have a scheduled public opening on the due date and time. The opening should be attended by the Analyst and include another person as a witness. The public opening should be stated in the Solicitation document. This is not required for informal solicitations.
PaCS will conduct a post Opening review to determine Vendor Responsiveness. This may include checking the Vendors’ calculations, tabulating totals and checking for required Specifications. If there are mistakes which cannot be resolved under OAR or a Vendor does not meet the required Specifications, PaCS may reject the Offer by sending a letter to the Vendor indicating they are rejected and no longer under consideration and that they have the opportunity to appeal as provided in OAR 580-061-0130 (5)(a).
PaCS will forward the solicitation responses and the OUS Conflict of Interest Statement to the department. OUS Conflict of Interest Statements must be completed and returned from anyone evaluating an ITB or RFP. The low Bidder should be considered first unless the Bid Specifications offered are not equal to the required Specifications. If the department does not want to place the order with the low Bidder, the department must provide documentation describing how the Offer is non-Responsible or non-Responsive. RFP responses are evaluated based on the criteria and evaluation process identified in the RFP document, typically using a scoring methodology.
Once the department decides to make the purchase by selecting the highest scored Proposer or verified that the lowest bid meets specification requirements as defined in the solicitation document, PaCS will complete the purchase order or contract.
All vendors submitting a response to a formal solicitation must be notified of OSU’s intent to award to the apparent successful bidder or proposer and provided with the appropriate protest information. PaCS will issue this Notice of Intent to Award to all vendors that submitted a response. Vendors responding to an informal solicitation are not typically notified of award unless requested.
After issuing a Notice of Intent to Award the procurement files are available for review only by those vendors who responded to the solicitation. If a vendor requests to view the file PaCS will review those offers to make sure that no confidential or proprietary information is contained in the file. Vendors should make an appointment and may not be allowed private or closed access to the documentation.
Under Development.
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
Revised: 3/12/2013
Oregon Administrative Rule identifies those purchases which are exempt from Competitive Processes regardless of dollar value for all OUS Institutions.
OAR exemptions will be used at the sole discretion of PaCS. PaCS will review and determine whether use of an exemption is appropriate given the circumstances and needs of the requesting department. If use of an exemption is deemed unacceptable by PaCS, the procurement or Contract will be subject to the acceptable competitive methods of procurement and contracting.
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
Sole Source procurements of $25,000 or more, are only allowed when it can be thoroughly documented that the contractor holds a unique (no other sources have it) set of skills or expertise that make it impossible for anyone else to do the work or that the goods are not available from another source. Departments must fill out the Sole Source Request Form and completely document the due diligence used to make the sole source determination which could include sources such as internet searches, scientific publications and colleague references.
Sole sources must be advertised on the OUS website for seven (7) calendar days. PaCS will make a written determination of the Sole Source. Contracts or purchase orders will not be signed or issued until after it has been advertised for the requisite amount of time and the written determination has been made.
Vendors may protest a sole source determination by submitting a letter of protest to the analyst listed in the advertisement. The letter must be submitted to the analyst by the day and time established in the advertisement. Late protests will not be considered. The letter of protest must demonstrate that the vendor can provide the service or goods indicated in the sole source advertisement and include additional support documentation.
PaCS will review the protest and make a determination to uphold or deny the protest. If upheld, PaCS will issue a solicitation. If the protest is denied, PaCS will notify the vendor indicating why the protest was denied and the sole source procurement may proceed.
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
Revised: 3/12/2013
OSU will use existing University-wide Contracts or Price Agreements set up for purchasing goods and services whenever possible. The Contracts represent savings based on large dollar spend and will likely be better than the prices quoted outside of the Contract or, represent savings in administrative processing that may not be apparent on the face of the Contract.
OSU also has access to Cooperative Procurement Contracts from other organizations and may be able to use those Contracts in order to fulfill the requirement for competition. OSU maintains and supports first those Contracts put in place by OSU, and then those organizations that OSU is affiliated with for Cooperative Procurements. When using these Contracts or agreements the requirement for competition has typically already been met, however PaCS must review and document how the contract or price agreement and competitive method used to establish the contract or agreement meets requirements under applicable sections of OAR Divisions 61 and 62.
OSU should use current Contracts or Price Agreements listed on the PaCS website. The Contract number should be given to the Vendor when asking for a quote and referenced on the resulting Purchase Order, ordering documents and payments.
As a State of Oregon agency, OSU may utilize existing State of Oregon Contracts or Price Agreements without seeking further competition if the specifications are equivalent. All requests for procurements from an existing State of Oregon contract should reference the contract number and follow the order procedures identified in the contract. When using a contract from the State of Oregon the terms and conditions of that contract will apply. State of Oregon contracts can be viewed on the Oregon Procurement Information Network (“ORPIN”) and can be accessed at the State of Oregon Procurement website with a username and password.
The State of Oregon is a participating state in the Western States Contracting Alliance (“WSCA”) which is a cooperative multi-State contracting group established to achieve cost-effective and efficient acquisition of quality products and services. All governmental entities within WSCA states as well as authorized governmental entities in non-WSCA states may use the approved Contracts. Purchases from WSCA Contracts should match the specifications and follow the order procedures identified in the Contract. When using a Contract from WSCA the terms and conditions of that Contract will apply. Some Contracts require addendums to be established before a purchase order can be issued, and most minimally require a clause be added to the purchase order and Contract documents. WSCA Contracts can be viewed on the web at http://www.aboutwsca.org/content.cfm/id/WSCA?CFID=503291164&CFTOKEN=77962624.
OSU is allowed to use the U.S. General Services Administration (GSA) Multiple Award Schedules (MAS) program also known as Federal Supply Schedule or GSA Schedules pursuant to OAR 580-062-0020(7)(d). However, state and local government may only purchase from the GSA schedules when granted access through federal government regulations. The federal government has granted very limited access to the schedules. Contact PaCS if you wish to make a procurement under a GSA schedule.
Established under the Alternative Processes in OAR 580-062-0020(6), OSU may purchase from Contracts issued by Cooperatives, without seeking further competition, if OSU, or a Cooperative to which OSU belongs, was originally named in the solicitation and the following conditions are met:
a) the goods or services were competitively solicited and awarded in a manner reasonably equivalent to the respective process established in OAR 580-061 through OAR 580-062;
b) the Contract has not expired and will not expire before the goods and services are received;
Submit your request to utilize a cooperative contract to PaCS. An analyst will:
1. Review the request and the subject contract and make a written determination, including any backup documentation, that the solicitation and award of the contract meets the conditions above.
2. Review the terms and conditions in the awarded contract and verify that OSU can agree to the terms and conditions. Negotiate any terms or conditions that may be objectionable to OSU.
3. If needed, obtain legal review.
This process can take significant time to perform each of the steps listed. In some cases it may be more expedient to issue a solicitation through PaCS.
Established under the Alternative Processes in OAR 580-062-0020(6), OSU may make purchases from Contracts issued by other Public Agencies, without seeking further competition, if all of the following conditions are met:
a) the goods or services were competitively solicited and awarded in a manner reasonably equivalent to the respective process established in OAR 580-061 through OAR 580-062;
b) the solicitation or Contract indicates that other public agencies may make purchases from the Contract; and
c) the Contract has not expired and will not expire before the goods and services are received;
Submit your request to utilize a cooperative contract to PaCS. An analyst will:
1. Make a written determination, including any backup documentation, that the solicitation and award of the contract meets the conditions above.
2. Review the terms and conditions in the awarded contract and verify that OSU can agree to the terms and conditions. Negotiate any terms or conditions that may be objectionable to OSU.
3. If needed, obtain legal review.
This process can take significant time to perform each of the steps listed. In some cases it may be more expedient to issue a solicitation through PaCS.
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
Revised: 3/12/2013
OAR 580-061-0030 expands economic opportunities for Minority, Women and Emerging Small Businesses (MWESB) by offering them the contracting and subcontracting opportunities available through Institution Contracts. Notices of all Contracts over $25,000 procured through a Competitive Process will be provided to the Advocate for Minority, Women and Emerging Small Business through the Oregon University System Procurement Gateway.
OUS Equity Contracting and Purchasing Policy and Data Reporting Procedures http://www.ous.edu/sites/default/files/dept/capcon/files/MWESB-Policy.pdf requires that sufficient business opportunities be provided to MWESBs. In adherence with that policy PaCS must ensure sufficient solicitation efforts be utilized to provide such opportunities.
Each Institution submits an annual MWESB report that provides data pertaining to expenditures with MWESBs.
Qualified Rehabilitation Facilities (QRF) are qualified nonprofit agencies whose purpose is to provide employment to individuals with disabilities. The following organizations support, represent or manage QRF’s as indicated below:
OSU must comply with with ORS 279.835 to 279.855 and OAR 580-061-0025.
Under ORS 346.510 to 346.570 persons who are blind and who are licensed under the provisions of ORS 346.510 to 346.570 by the Commission for the Blind, shall operate vending facilities in or on any public buildings or properties where, in the discretion of the head of the department or agency in charge of maintenance of such buildings or properties, such vending facilities may properly and satisfactorily operate.
In order to be in compliance with the Statute, OSU must give the Commission for the Blind three types of notice:
Procurement and Contract Services Policy & Procedures Manual
Section 300: Purchasing
Effective: 7/01/2010
Revised: 3/12/2013
Vendors or Contractors must carry with them at all times documentation that associates them with their company. Vendors are highly recommended to schedule visits with departments rather than drop in unannounced. Vendors should maintain appropriate and professional behavior while on campus. Vendor conduct should adhere to all OSU policies such as, but not limited to, the Smoke-Free http://oregonstate.edu/smokefree/sites/default/files/docs/smokefree_oar.pdf and Firearms http://ous.edu/sites/default/files/state_board/polipro/OUS-Policy-on-Firearms policies
Vendors and Contractors coming on campus must work with Transit and Parking Services to secure required permits for parking on campus.
When accepting orders from OSU staff, Vendors or Contractors should get a form of payment such as a procurement card or Purchase Order, OSU contact name, OSU department and phone number. If a Vendor receives an incomplete order from an OSU employee they should request additional information to document the purchase.
Signed Contracts, agreements, Memorandum of Understanding, confirmations or any other form binding OSU to specific terms and conditions may only be signed by an individual designated as a Contracts Officer by the Vice President for Finance and Administration. The list of designated Contract Officers is available on the PaCS website.
Invoices for valid purchases and Invoice or payment inquiries should be sent directly to the ordering department to initiate payment. Vendors or Contractors will assess charges to OSU that accurately reflect the purchase. Vendors and Contractors will not misrepresent charges whether for their own benefit or at the direction of OSU employees. Doing so may result in termination of a Contract or disqualification from consideration for award of Contracts.