- The term "publicizing" whenever used in these policies shall mean a notice published or notification otherwise provided at least ten (10) days before bids or proposals are received and opened. If published, the notice shall appear in one (1) or more newspapers of general circulation published in Montgomery County.
- Bids or proposals submitted in response to the notification must be received in writing, in sealed form, by the Board of Trustees, a committee designated for this purpose, or the purchasing agent if so designated. The bids or proposals will be publicly opened and read at the time and place designated in the notification and will be held for consideration and analysis for subsequent award by the Board of Trustees.
- The Trustees shall award the contract for the purchase of the supplies, services and equipment to the lowest responsive and responsible bidder, kind, quality and material being equal, but in all cases, the Trustees shall reserve the right to reject any and all bids or to select a single item from any bid.
- Competitive proposals shall be awarded based on analysis of proposal responses relative to a set of evaluation criteria included in the proposal solicitation. The Trustees shall reserve the right to weight the criteria in accordance with the Trustees' determination of College needs and priorities.
- Contracts involving policies of insurance of surety company bonds, contracts with internet access companies, contracts with public utility services or telephone companies under tariffs on file with the Public Utility Commission, contracts made with another political subdivision of the Commonwealth of Pennsylvania, the federal government and any agency of the Commonwealth of Pennsylvania or any municipality authority.
- Contracts involving the professional services of members of the medical or legal profession, architects, engineers, accountants, or other services involving professional expert advice.
- When the supplies or equipment required are for parts or components being procured as replacement parts in support of equipment specially designed by a manufacturer, where data available is not adequate to assure that the part or component is identical with the part it is to replace or where contemplated procurement is to match or complement equipment or components previously purchased.
- For supplies or equipment needed at once because of emergency. The question of the existence of an emergency shall be determined by the President and the executive committee of the Board of Trustees. A written report shall be submitted to and approval sought from the Board of Trustees at its next available meeting.
- When the contemplated purchase is for technical services in connection with the assembly, installation, or servicing (or the instruction of personnel therein) of equipment of a highly technical or specialized nature.
- Contracts for education films, film strips, prepared transparencies and slides, prerecorded magnetic tapes and disc recordings, textbooks, prepared kits, models, projectiles, teacher demonstration devices necessary for College use, and library books and materials.
- lowest cost—request discounts, exclude sales tax, and include freight;
- quality that meets or exceeds specifications; and
- timeliness—consider local vendors.
- If the total amount of the requisition is less than $5,000, complete all information on the requisition form to allow for processing within three to five business days.
- If the total amount of the requisition is $5,000, but less than $15,000, get a minimum of three telephone, fax, mail or e-mail quotations and include information on the requisition from the lowest responsive, responsible bidder; OR identify the items to be purchased, then have the purchasing department find the lowest priced responsive and responsible vendor. The time necessary to complete processing of the requisition will vary depending on the workload in the purchasing office.
- Option I (Telephone)—the organization completes a minimum of three (3) quotation forms and forwards them to the purchasing department along with reference to a completed requisition.
- Option II (Mail)—a request for quotation is submitted to the purchasing office. The purchasing office will then coordinate the process of requesting quotations via the mails. When the time for receipt of quotes has expired, the purchasing office will notify the department of the results of the quote, and from these results the department will complete a requisition.
- Option III (Fax)—the organization completes a minimum of three (3) quotation forms and forwards them to the purchasing department along with reference to a completed requisition.
- Option IV (E-mail)—the organization completes a minimum of three (3) quotation forms and forwards them to the purchasing department along with reference to a completed requisition.
- for submitting a bid or proposal in bad faith;
- for willfully or repeatedly breaching a contract with the College;
- for poor or substandard performance;
- for refusing to accept or carry out a contract; or
- for a pattern of unethical or immoral business practices involving the College or other public entities.
- If a contract equals or exceeds Twenty Thousand Dollars ($20,000.00), the College shall, with public notice, solicit competitive bids and shall award a contract to the lowest responsive and responsible bidder.
- If a contract equals or exceeds Five Thousand Dollars ($5,000.00), but is less than Twenty Thousand Dollars ($20,000.00), the College shall solicit competitive quotes from at least three (3) responsible firms.
- If a contract is less than Five Thousand Dollars ($5,000.00), the College may award a contract without soliciting competitive bids.
- In an emergency in which any part of the College plant may become unusable or cause interruptions to the normal operations of the College, the President may, after consulting with the chairman of the Board of Trustees, and upon approval of the Department of Education, award a contract for emergency repairs.
- Workers Compensation
- statutory coverage
- employers liability - 100/500/100
- coverage to include all employees of contractor and/or any subcontractors
- Commercial General Liability
- including premises and operations, independent contractors, products and completed operations
- $1,000,000 each occurrence
- $1,000,000 general aggregate
- $1,000,000 product/completed operations aggregate
- $1,000,000 personal liability
- $50,000 fire liability
- $5,000 medical payments
- College to be named as an additional insured
- Automobile
- $1,000,000 combined single limit for bodily injury and property damage
- coverage to include all owned, hired and non-owned autos
- Conditions
- all certificates to contain a 60-day notice of cancellation
- the contractor shall obtain and furnish the College certificates for any subcontractors subject to the above terms and conditions
- general liability policy shall contain a per job location aggregate
- all insurance policies and/or bonds will be written with insurance companies licensed to do business in the Commonwealth of Pennsylvania and subject to the approval of the College
Administration
Board of Trustees Policy
SUBJECT: Procurement Policy |
NUMBER: 5.8 |
| DATE: January 18, 2005 |
|
| SUPERSEDES: September 2004 |
Policy
Supplies, Services and Equipment
All supplies, services and equipment with a total cost less than Five Thousand Dollars ($5,000.00) may be purchased by the purchasing agent without request for written quotations or bids.
All supplies, services and equipment with a total cost of Five Thousand Dollars ($5,000.00) but less than Fifteen Thousand Dollars ($15,000.00) may be purchased from the lowest responsible quoter, kind, quality and material being equal, upon solicitation of firm quotations in writing, by telephone communication, fax or e-mail from three (3) or more firms, manufacturers, or dealers in such supplies, services and equipment. Catalogs and circulars with firm prices shall be acceptable as firm quotations.
All supplies, services and equipment with a total cost of Fifteen Thousand Dollars ($15,000.00) or more shall be purchased only after due publicizing as hereinafter provided.
A Purchasing Agent shall be designated by the Board of Trustees for the duties and purposes hereinabove set forth, but in all cases, the President of the College or Vice President for Administration and Finance may act in such capacity.
The provisions as to solicitation and notification for bids and proposals, as set forth in these policies, shall not apply to the following, but are reserved for specific action by the Board of Trustees.
The Purchasing Agent shall have the duty for the preparation of specifications and conditions of the bidding. All bids Fifteen Thousand Dollars ($15,000.00) or more must be accompanied by approved bid security in a minimum amount of five percent (5%) of the bid. The President or Vice President for Administration and Finance may change or eliminate the need for bid security for purchases costing less then One Hundred Thousand Dollars ($100,000). The Finance Committee may change or eliminate the need for bid security for other than construction and repair purchases costing One Hundred Thousand Dollars ($100,000) or more.
The Purchasing Agent shall be authorized to establish charge accounts for purchases.
All contracts shall be awarded by either written contract or by purchase order. Contracts or purchase orders for purchases less than Fifteen Thousand Dollars ($15,000.00) may be authorized by signature of the Purchasing Agent, Vice President for Administration and Finance, or President of the College. Contracts or purchase orders of Fifteen Thousand Dollars ($15,000.00) or more shall be authorized by the counter-signatures of the Purchasing Agent, Vice President for Administration and Finance (or the Director of Accounting in the absence of the Vice President for Administration and Finance), or President of the College.
In the event any of the aforesaid purchases made by the College are to be financed, the terms of such financing and the determination whether or not the purchase shall be financed shall be approved by the Vice President of Administration and Finance or President of the College for all budgeted purchases. The College may seek quotes, bids or proposals for financing or, alternately, may take advantage of leasing programs offered through the Commonwealth of Pennsylvania purchase contracts and the purchase contracts of cooperative not-for-profit, governmental or educational purchasing groups. The Board of Trustees shall receive a report of College leasing activities at the end of each quarter of the fiscal year.
The Purchasing Agent of the College is authorized to enter into contracts and agreements to lease equipment without written quotations or bids, provided the rental shall not equal or exceed Fifteen Thousand Dollars ($15,000.00) per annum and the terms shall not exceed three (3) years. Should either of these terms be exceeded, then such agreement shall be entered into only following advertisement.
The Board of Trustees herewith approves participation in purchase contracts entered into by the Commonwealth of Pennsylvania through the Department of General Services, Bureau of Procurement, in accordance with provisions of Title 62, Chapter 19 of the Pennsylvania Consolidated Statutes. In addition, the Board approves participation in purchase contracts that are competitively bid or proposed and formally awarded by not-for-profit, governmental or educational entities in which the College either maintains active membership or which otherwise permit the College access to the entity’s contracts. Examples of such organizations include the National Association of Educational Buyers’ Educational and Institutional Cooperative, the Philadelphia Area Collegiate Cooperative, the Pennsylvania Educational Purchasing Program for Microcomputers (PEPPM), the Federal Government’s General Services Administration, regional and State-wide purchasing cooperatives, and other local colleges, universities, school districts and political subdivisions of the Commonwealth.
No member of the Board of Trustees of the College, or officer or employee thereof, shall either, directly or indirectly, be a party to or be in any manner interested in any contract or agreement with the College, with the prior approval of the Board of Trustees and in compliance with the Pennsylvania Official and Employee Ethics Act, for any manner, cause, or thing whatsoever, by reason whereof any liability or indebtedness shall in any way be created against the College. If any agreement or contract shall be made in violation of these regulations, the same shall be null and void, and no action shall be maintained thereon against the College.
Requisition/Purchase Order
Purchase requisitions originated by each organization must have the required authorization. Organization administrators are responsible for insuring that sufficient funds are available to cover each purchase. The Purchasing Agent is responsible for insuring that the appropriate budget account is charged for the purchases. Organizations may select the vendor or have the purchasing department identify the best vendor using the following criteria:.
Purchase requisitions that are incomplete and/or lack sufficient budget appropriations will be returned to the organization.
The organization should complete the requisition by using one of the following options:
Requesting Quotations
The College must solicit competitive quotations from at least three (3) responsible vendors for all supplies, services and equipment with a total cost of Five Thousand Dollars ($5,000.00) but less than Fifteen Thousand Dollars ($15,000.00). A contract shall be awarded to the lowest responsive and responsible vendor meeting specifications. There are four options for requesting the quotations:
Bidding and Proposing
If a total order is more than Fifteen Thousand Dollars ($15,000.00), the College must solicit competitive bids or proposals by public advertising, electronic publication which is accessible to the general public, issuance to bidders and proposers on the College's bid lists, and/or by issuance to a pre-qualified list of bidders or proposers when the College has conducted a pre-qualification process. The organization will complete a list of requirements or specifications for use by the purchasing department in developing a competitive bid or proposal. The purchasing department, in conjunction with the organization administrator, will prepare appropriate specifications, publicize the bid, and accept and open bids in accordance with existing policies. A contract will be awarded by the Board of Trustees to the lowest responsive and responsible bidder. In the event bids are received for the same dollar amount, the successful bid will be determined through a flip of the coin.
The Purchasing Agent shall be authorized to conduct or participate in reverse auctions for securing required goods, commodities or services for College use or for disposing of surplus property.
Acquisition of Computer Hardware and Peripheral Equipment
The College will authorize computer hardware and peripheral purchases from a defined listing of one or more manufacturer(s). The department of Information Technology will select and identify one or more manufacturers based on evaluation and recommendation data as published in recognized computer trade publications, combined with ongoing College experience. Quality, performance, durability and availability of product, combined with service will serve as key areas for evaluation. Failure of selected manufacturers to maintain the established criteria for selection can result in their removal from the approved list. All equipment will be solicited from the defined manufacturers and/or their authorized distributors only, and will be awarded by competitive bid or purchased from approved contracts. The authorized manufacturer(s) will be valid for a period of three calendar years at which time re-evaluation will identify, if necessary, one (or more) new manufacturer(s).
Debarment
The President, upon recommendation of the Purchasing Agent, may disbar a vendor from participation in College business for a period not exceeding three years for the following reasons:
Implementation
Subscriptions
Subscription requests shall be exempt from competitive bidding requirements.
Facsimile Signature Stamps
Purchase or use of a facsimile signature stamp is prohibited, unless specifically authorized by a Board of Trustees' resolution.
Emergency Purchases
It shall be the responsibility of the respective area Vice Presidents to inform the President of the possible existence of an emergency and to secure agreement from the President that an emergency condition exists. The respective Vice President shall, within twenty-four (24) hours of said emergency, file with the President a written report of the incident leading to the emergency.
Construction and Repair Contracts
The Board of Trustees may perform any construction, reconstruction, repairs, or work of any nature, by its own maintenance personnel or may have the work performed under contract in the following circumstances:
Insurance Coverage
The contractor shall purchase and maintain throughout the period of the contract the insurance listed below and shall provide evidence of such by submitting certificates of insurance to the College within ten (10) days of contract award.
- As a means to make payments on approved purchase contracts, leases, rental agreements, maintenance agreements, and other financial arrangements where the College has previously entered into a formal contractual agreement based on action by the Board of Trustees, President, Vice President for Administration and Finance, or Purchasing Agent in compliance with adopted policy and procedure. Blanket purchase orders issued for these purposes shall expire no later than the end of the fiscal year in which they are issued, and shall be issued in an amount corresponding to the actual or expected financial obligation under the agreement.
- As a means to make payments to a vendor for materials or services not requiring detailed technical specifications or inspection, single items or groups of items requiring multiple deliveries, and materials required for emergent needs of College departments and immediately available from suppliers. Blanket purchase orders issued for these purposes shall expire no later than the end of the fiscal year in which they are issued, and shall be issued in an amount less than $5,000.
Bid and Bid Bonds
All bids under public notice shall be received in sealed envelopes at a designated place and time and shall be opened publicly and read aloud. The Board of Trustees shall retain the right to accept or reject any or all bids or parts of solicitations, to waive informalities in bids and quotes, or to reissue the solicitation. The Board of Trustees further reserves the right to award the contract on a split order, lump sum, or individual item basis, or such combination as shall best serve the interest of the College unless otherwise specified by the College. In cases of errors of price extensions, unit prices shall govern.
Each bid shall be accompanied by a bond guarantee in the form of a certified check, cashier's check, treasury check, or bid bond in such amount as the Board of Trustees shall determine, but not less than five percent (5%) of the amount bid. However, the President or designee has the right to waive the bid bond up to $100,000 on non-construction bids. In the event any bidder shall, upon award of the contract, fail to comply with the requirements as to the bond guaranteeing the performance of the contract, such bid bond or certified check shall be forfeited.
Performance and Payment Bonds
The bidder to whom the contract is awarded shall furnish bonds to guarantee the performance of the contract and payment for labor and materials. Bonds shall be in compliance with the Public Works Contractors' Bond Law of 1967 (8 P.S. §191-202). Failure to furnish bonds shall void the previous award.
Blanket Purchase Orders
Blanket purchase orders may be issued for the following purposes, time periods, and dollar limits as stated:
Unauthorized Purchases
No individual has authority to enter into purchase contracts or, in any way, obligate the College for a procurement indebtedness, unless specifically authorized to do so in writing by the Board of Trustees, President, Vice President for Administration and Finance, or the Purchasing Agent. Any such negotiations are considered as unauthorized, and the individual will encounter a personal obligation to the vendor. Firms ordinarily doing business with the College will be advised that all purchases chargeable to the College must be authorized by an official College purchase order or contract signed by an authorized individual. Exclusive of the petty cash procedures, the College will not reimburse officers or employees for the cost of any such purchases on behalf of the College, unless previous arrangements to that end have been made.
