Procurement

1.0    Purpose

This policy establishes guidelines for the acquisition of materials and services.

2.0    Revision History

3.0    Persons Affected

3.1    All employees and students including clubs, Student Senate, and student organizations

3.2    Vendors

4.0    Policy

The policy of Casper College is to ensure the following:

4.1    The college has guidelines for the procurement process.

4.2    The college uses methods that are in the best interest of the college to procure materials and services.

4.3    The college has procedures that provide qualified vendors with a fair and impartial process that avoids any impropriety or appearance of impropriety.

4.4    The college prohibits influencing or conspiring to influence procurement decisions and contract awards. Attempts to influence include but are not limited to kickbacks, bribes, gifts, payment of a fee, circumventing the bid process, hard-sell tactics, or fraternization.

4.5    The college abides by all applicable laws and regulations regarding procurement materials and services.

5.0    Definitions

5.1    Requisition. An internal document that authorizes the Procurement Department (Purchasing) to place an order requested by an employee or department. It is not used to place orders.

5.2    Purchase Order (PO). A college contract with a vendor that authorizes the vendor to place an order and commits the college to the purchase of the order.

5.3    Reserve Purchase Order Numbers (RPO). Purchase orders used to make emergency purchases.

5.4    Procurement Card. A card issued to employees who make frequent approved purchases. 

5.5    Purchase Price. The total price includes the price of the material, service, installation, freight, etc.

5.6    In-State Preference. Casper College adheres to all state statutes regarding in-state preferences.

5.6.1 If federal funding is being used to make the purchase, Casper College adheres to all federal statutes and regulations regarding preferences.

5.7    Sole Source. An allowable waiving of the competitive bid process and awarding of a contract to a particular vendor because there is only one reasonable source available for the required material or service. To request sole source, submit a completed Exception to Normal Procurement Procedure form to the Procurement Department with an explanation as to why no other material or service is suitable or no other vendors exist to meet the need. A requirement for a particular proprietary item does not justify a sole source purchase if there is more than one potential vendor. The Procurement Department decides whether to use sole source and negotiates the price and terms with the selected vendor.

5.8    Vendor Debarment. Prohibition of a vendor from doing business with the college. The college sets the debarment period based on the seriousness of the offense and may debar a vendor for any of the following reasons or for any reason allowable under federal or state law:

5.8.1    Conviction of a criminal offense in relation to obtaining or attempting to obtain a college contract or in the performance of such contract.

5.8.2    Conviction of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or antitrust statutes in relation to the submission of bids or proposals.

5.8.3    Failure to perform in accordance with the terms of one or more contracts following notice of such failure, a history of performance failure, or unsatisfactory performance of one or more contracts.

5.8.4    Attempted to influence or conspired to influence purchasing decisions and contract awards or to obstruct or unreasonably delay acquisitions.

5.8.5    Currently under debarment by any other governmental entity that is based on a federal, state, or local government settlement agreement, final administrative, or judicial determination.

5.8.6   If a federal grant requires expenditures totaling $5,000 or more to one vendor, it is necessary to complete and document a Debarment and Suspension check before the purchase is made.

5.9    Ownership. Casper College owns all property purchased with college funds or donated to the college. Casper College exercises the responsibilities of ownership for property purchased with grant funds, even though the college may not be listed on the title. Regardless of how an item was ordered, funded, or expensed, no school, department, unit, or employee may hold principal ownership.

5.10    Free on Board (FOB). The point of ownership or title. FOB destination means that the college takes ownership upon delivery; therefore, any damage or loss in transit is the vendor’s responsibility. FOB origin or FOB shipping point means the college takes ownership when the material leaves the origin or shipping point. The college prefers FOB destination.

5.11    Exception to Normal Procurement Procedure Form. Employees use this form to request a change in the normal procurement procedure, such as sole source, standardization, emergency, etc. The requestor must include justification for the exception and obtain prior approval from the head supervisor of the area, usually a vice-president, and the vice president of administrative services (VPAS).

5.12    Exception to Normal Award Procedure Form. Employees use this form when they recommend not selecting the apparent low bid that meets specifications. The requestor must include justification for the exception and obtain prior approval from the head supervisor of the area, usually a vice-president, and the vice president of administrative services (VPAS).

5.13    Non-Compliance Form. Employees use this form when the employee has placed an order for materials or services outside of the college’s policies and procedures and without a purchase order (verbal orders). The violator must include justification for the non-compliance. Non-compliance with procurement policies and procedures may result in disciplinary action.

5.14    College Issued Term Contracts. Written agreements, resulting from a competitive bid, between the college and vendors for materials or services. The Procurement Department may use these contracts in lieu of competitive quotes, invitations to bid, or requests for proposals. Contact the Procurement Department for a listing of these contracts before making a purchase.

5.15    National/Regional Cooperative Purchasing Agreements (co-ops). Pre-arranged agreements with vendors that usually provide discounted pricing or additional benefits. The Procurement Department may at its discretion use cooperative purchasing agreements in lieu of the traditional competitive bidding process.

6.0    Responsibilities

6.1    The director of procurement is responsible for ensuring that the college receives the maximum value for every dollar spent while following the appropriate policies, procedures, laws, and state statutes.  

6.2    The vice president of administrative services is responsible for maintaining compliance with this policy.

7.0    Procedures

7.1    All Purchases

7.1.1    Employees may not avoid using the appropriate procurement processes by splitting orders into smaller dollar valued orders or creating false emergencies. Employees must use the appropriate procedure when repeated orders made within a year from the first order will likely reach $5,000 or more.  

7.1.2    All procurement is administered in accordance with its Employee Conflict of Interest and Commitment and Conflict of Interest: Board of Trustees and College President policies.  Employees who have or develop a conflict of interest must immediately inform their supervisors of the conflict. A conflict of interest is any situation in which an employee is in a position to exploit a professional or official capacity for personal gain, financial or otherwise.

7.1.3    Procurement is not required to solicit competitive bids for used equipment or materials but may choose to do so if they deem it beneficial to the college.

7.1.4    Certain types of purchases for services (artists, guest speakers, unique service providers) may be exempt from the bidding processes. To request an exemption, submit a completed Exception to Normal Procurement Procedure form to The Procurement Department. 

7.1.5    Casper College is a political subdivision of the State; therefore, exempt from Wyoming sales tax. Wyoming vendors accept the Certificate of Exemption as verification of tax-exempt status, which employees should obtain from The Procurement Department prior to making a purchase. Tax-exempt status is for college use only. It may not be used for personal purchases.

Employees traveling out of state often are required to pay sales tax. Not all out-of-state vendors honor the Wyoming tax-exempt status. Employees should not request tax-exempt status when making out-of-pocket purchases, since the college is not directly making the purchase, tax-exempt status does not apply. The college will pay the tax in both of these situations.

7.1.6   Casper College will ensure that minority business enterprises are afforded the full opportunity to submit proposals. Casper College is an equal opportunity institution and as such, does not discriminate on the basis of race, sex, color, national origin, religion, age, veteran status, political affiliation, disability, sexual orientation, gender identity, or any other characteristic protected under applicable federal, state, or local law.

7.2    Procurement Cards (p-cards)

7.2.1    Employees make purchases up to the credit limit on their p-card. They reconcile their p-card statement each month and assign a budget code to each purchase.

7.3   Purchases less than $5,000:  Materials and services less than $5,000 require a PO or p-card (see 7.2). 

        Purchase Order (PO)

7.3.1    Employees request a written quote from the vendor. Prices printed from a vendor catalog or website are not acceptable as a quote. They select a vendor based on price, quality, and other necessary criteria. Additional vendor information is available from The Procurement Department.

7.3.2    Employees complete a requisition including a detailed description of the requested materials or services and a written quote from the preferred vendor. Additional signatures are required for the following types of purchases.

• Advertising and commercial printing: Public Relations
• Computer hardware and software: IT Department
• Audiovisual supplies and equipment: Digital Learning

After obtaining all required signatures and coding, employees submit the requisition to the accounting office.

Do not give the requisition number to the vendor. Do not place an order or receive materials or services until The Procurement Department has issued the vendor a PO. Verbal orders are not allowed.

7.3.3   The Procurement Department processes the requisition. The director of procurement may change the vendor if there is a problem with the vendor selected or the college has a contract with another vendor. The Procurement Department notifies the requester if the vendor is changed.  

7.3.4    The Procurement Department emails or faxes the PO to the vendor to place the order. Only the Procurement Department is authorized to enter into agreements or contracts with vendors. Unauthorized purchases may result in financial liability for the employee who placed the order.

7.4    Purchases between $5,000  and  $25,000:  The Procurement Department uses a request for quotations (RFQ) process to make purchases between $5,000 and $25,000. They may solicit formal bids (ITBs or RFPs) when they deem necessary.

7.4.1    Employees provide The Procurement Department with specifications on the required materials or services.

7.4.2    The Procurement Department solicits a minimum of two quotes from vendors. In some cases, they may delegate this authority and allow the requesting department to solicit quotes. Quotes need to be on the vendor’s quotation form that includes the description, quantity, price, freight, and terms. If the price includes freight, the vendor must note this on the quote. We do not accept prices printed from a vendor catalog or website as a quote. Vendors may submit either hardcopy or electronic quotes. Quotes are confidential until the college awards the order and should not be shared with other vendors.

The Procurement Department selects the vendor based on price and specifications and notifies the employee who requested the materials and services.

7.4.3    The employee submits a completed requisition, based on the information provided by the Procurement Department. The Procurement Department emails or faxes the PO to the vendor to place the order. Only those employees with signature authorization may enter into agreements or contracts with vendors. Unauthorized purchases may result in financial liability for the employee who placed the order.

7.5    Purchases of $25,000 or greater

7.5.1    Employees provide the Procurement Department with specifications on the required material or service. Employees should not contact vendors for a bid or proposal (written or verbal) for items valued at $25,000 or greater. Doing so interferes with the bidding process and may result in some vendors being barred from bidding.

7.5.2    The Procurement Department issues an invitation to bid (ITB) or a request for proposals (RFP) to solicit competitive bids and proposals from qualified vendors. No other department may issue ITBs or RFPs. The process typically takes three to six weeks.

The Procurement Department may make exceptions to the process for sole sources, standardization efforts, and emergency orders. Employees, wanting an exception, submit a completed Exception to Normal Purchasing Procedure form to The Procurement Department to approve or deny the exception.  

The Procurement Department posts ITBs and RFPs on the college’s procurement webpage and other sites as deemed appropriate and advertises in the Legal Notices Information and Ordering Process section of the local newspaper two times prior to the closing date. The college does not maintain a bidders list. Vendors are responsible for checking the webpage for available bids and updating their information on the bid posting site.

7.5.3    Vendors submit bids and proposals according to the ITB or RFP instructions. The Procurement Department accepts sealed hardcopy or electronic bids and proposals depending on the instructions. No bids or proposals will be accepted after the closing date and time.

7.5.4    The Procurement Department reviews all properly submitted bids. They award ITBs to the lowest-priced bidder that meets or exceeds the required specifications. For RFPs, they determine the award process, which is typically to assign a team to review the proposals. The evaluation process will include either a written narrative describing how the award decision was determined or a weighted point calculation. RFPs are awarded on best value, and not price alone.

If the college receives no responsive or responsible bids or there is a bona fide emergency, The Procurement Department may negotiate directly with a vendor without reissuing the ITB or RFP. If there is only one responsive or responsible bid, they may elect to award to that one bidder, depending on price, or may re-bid or negotiate directly with another vendor.

The Procurement Department may extend an award if the vendor agrees to hold the price firm or with an acceptable increase supported by a documented reason for the increase. The extension is usually for 12 months after the award date unless otherwise noted in the ITB or RFP.  

7.5.5    Contracts are signed according to the Contract Policy.

7.6    Receiving Purchases: All materials must be sent to Shipping and Receiving unless other arrangements are made with the Procurement Department prior to the purchase. When the order is complete, Shipping and Receiving signs the PO and/or packing slip and forwards documentation to Accounting and Financial Management for payment.