Departmental Procurement Cards issued by the Office of Procurement Services may be utilized for purchases for approved categories in the amount of $10,000 or less.

Purchases for items over the $10,000 threshold must be requested through the Procurement Card Analyst for submittal to the Director of Procurement Services for approval 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 $10,000 and above or may be utilized for amounts under $10,000 in those instances where the Procurement Card is not used, or when a payment request is not utilized.

Subject to approval by the Office of Procurement Services, change orders may be requested by departmental e-mail for amounts up to ten percent (10%) of the original requisition, and by requisition for amounts above the stated percentage.

Direct pay invoices submitted via payment requests

Direct pay invoices may be used for after-the-fact payment processing for purchases from approved categories. 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 Information (RFI), Request for Quotation (RFQ) or a Request for Proposal (RFP) for purchases costing $100,000 or more.

The Office of Procurement Services requires submission of at least three comparable specification quotations for purchases between $10,000 and $100,000.

For purchases costing $10,000 and below, 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 $10,000, University staff are encouraged to exercise good judgment to ensure funds are spent reasonably and responsibly. See G1.13 Fiscal Responsibility Policy.

For purchases between $10,000 and $25,000, University departments may solicit informal quotations from vendors and submit to Procurement Services for review and consideration, or utilize Sole/Single Feasible Source justification. University departments are responsible for providing documentation of quotations obtained informally, or justification of why informal solicitations were not obtained, and submitting the required documentation with requisitions or payment requests for scanning into the University’s Banner system for auditing purposes and proper archiving.

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

For purchases between $25,000 and $100,000, University departments may solicit quotations from vendors and submit to Procurement Services for consideration, utilize Procurement Services for assistance in soliciting quotations from vendors, utilize Sole/Single Feasible Source justification, or Procurement Services may apply cooperative contracts if available. Documentation is scanned into the University’s Banner system for auditing purposes and proper archiving.

Purchase Amount	Sole/Single Feasible Source (SFS)	Process	Documentation
$0 - 9,999.99	Not required	Reasonable/best practices (see Fiscal Responsibility Policy)	Submit documentation if obtained, but not required
$10,000 - 24,999.99	Informal solicitation required or SFS	Department bid or sole/single source	Required
$25,000 - 99,999.99	Informal solicitation required or SFS	Department bid or sole/single source or Office of Procurement	Required
$100,000 +	Formal bid process	Office of Procurement	Required

All requisitions or payment requests for purchases of new hardware and software are required to be reviewed, approved, and documented by the Office of Information Services. Documentation must be submitted with the requisition or payment request.

In complex, multi-year situations, solicitation documents may not provide the appropriate protection of the University’s interests. To protect the University’s interests, the Office of Procurement Services will work with the Office of General Counsel and Compliance regarding the use of Contracts when solicitation documents are not sufficient. The contract must cover all terms and conditions of the solicitation.

The Office of Procurement Services will mitigate third-party risks by utilizing Office of Foreign Assets Control (OFAC) and denied/restricted party screening software for all vendors through the Office of Procurement Services.

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).
Sole/Single Feasible Source (SFS) purchases, which require departmental justification, and buyer evaluation and approval (SS). See Sole/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 [$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 Services with approval from the Chief Financial Officer or President, with description of the rationale (OT).

Information needed from committees when seeking a bid through Procurement Services:

Description of product or service with rationale
Scope of work/specifications
Digital accessibility requirements/expectations
Expected approximate dollar amount of purchase and expected annual spend
Pricing – Definition of how the product or service should be priced
Term of the resulting contract – Initial time period, plus number and length of renewals
Evaluation criteria – The percentage that should be assigned to cost (50% or above), operating approach/method of performance, or experience/reliability
Vendors – Suggest at least three if possible, with full contact information, including email and physical addresses
Names for an evaluation committee where applicable – Size of the group is dependent on the scope of the RFP, and could range from two or three up to twelve persons
Funding source – Designate the operating budget by name and number, and provide grant name/source where applicable

Selected contractor requirements:

Affidavit of Work Authorization
Digital Accessibility Compliance
Insurance – Certificate of Insurance with additional named insured language
Terms and Conditions – Acceptance that University terms and conditions prevail

Federal Transit Authority (FTA)

Federal clauses are to be included in solicitations when Federal Transit Authority (FTA) funds are used. See Clauses, and FTA Best Practices Manual https://www.transit.dot.gov/funding/procurement/procurement.

Annual self-certification for micro-purchase threshold increase to $50,000 on exempt purchases

In accordance with 2 C.F.R. Section 200.320(1)(iv), non-federal entities may establish a threshold higher than the micro-purchase threshold identified in the Federal Acquisition Regulation (FAR) in accordance with the requirements of this section. The non-Federal entity may self-certify a threshold up to $50,000 on an annual basis and must maintain documentation to be made available to the Federal awarding agency and auditors in accordance with §200.334. The self-certification must include a justification, clear identification of the threshold, and supporting documentation of a higher threshold consistent with State law.

Therefore, Missouri State University’s Micro-Purchase Threshold for purchases with federal, state, or private grant and contract funds shall be $50,000 with regard to purchases exempted from solicitation by Missouri State University’s Op8.16 Procurement Procedures.

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.

Sole/Single Feasible Source (SFS) purchases

Sole/Single Feasible Source (SFS) purchases must be justified by completing the Sole/Single Source Justification Form and submitted to the Office of Procurement Services for purchases of $10,000 and over.

Sole/Single Feasible Source purchases exist when:

Supplies are proprietary and only available from the manufacturer or a single distributor; or
Based on past procurement experience, it is determined that only one distributor services the region in which the supplies are needed; or
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:

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

Examples include software or copier agreements, or suppliers such as Brightspace (course management system), Simplex-Grinnell (security access system), SunGard Banner (ERP), or Time Management (work management system), Johnson Controls, Incorporated (energy efficiency improvement systems).
Fees for Intercollegiate Athletics, e.g., conference membership dues, game guarantees, et cetera.
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.
Grant subawards.
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 $100,000 and over

All purchases $100,000 and over that result from solicitations shall be:

Posted as notice of the proposed purchase in the Office of Procurement Services; and
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
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 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 complete 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 be made per the G1.18 Contract Authorization Policy.

Board of Governors Procurement Services Activity Report informational items > $100,000.00 and < $250,000.00 require approval by the University President, and are submitted for presidential approval during the weekly Administrative Council meetings. These items are presented as For Informational Purposes Only in the Board of Governors consent agenda in regular meetings.

Informational items > $100,000.00 and < $250,000.00 previously reported and approved as subject to continued need and ongoing satisfactory performance will be reported For Informational Purposes Only in the Board of Governors consent agenda in regular meetings.

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 $10,000 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 Services will render a decision on the protest and communicate such decision to the protestor. The protestor may appeal the Director of Procurement Services’ decision to the Chief Financial Officer by submitting a written notice of appeal to the Office of Procurement Services. The Office of Procurement Services must receive the notice within five (5) calendar days after the date on which the Director of Procurement Services 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 Services 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

Statute, RSMo 105, http://www.mec.mo.gov/
Policy, https://www.missouristate.edu/policy/Chapter3/op3_12_4_conflictofinterest.htm
Policy, https://www.missouristate.edu/policy/Chapter4/Op4-01-8-conflict-of-interest-in-research.htm
Policy, https://www.missouristate.edu/policy/Chapter7/G7_02_2_UniversityPolicies.htm

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.

Procurement Procedures

Procurement cards