ADMINISTRATIVE PROCEDURE MANUAL SECTION TITLE NUMBER PAGE REQUEST FOR SOLE SOURCE PURCHASES 05-0302 1 OF 4 BASED ON BOARD OF TRUSTEES’ RULE AND TITLE DATE REVISED 6Hx7-5.1 Purchasing January 20, 2015 Purpose This procedure defines the request for sole source processes and the approval process for state funded purchases of items or services estimated to cost $3,500 or more under which competitive bid procedures are not appropriate. Procedure A. A request for sole source purchase form must be completed when requesting a state funded purchase on a sole source basis, defining the justification for the request. Obtain signatures of the supervising budget administrator, director of administrative services, and for purchases greater than $10,000 the Campus President or Vice President. Submit the completed form referencing your justification and supporting department requisition number to the Executive Director, Purchasing and Auxiliary Services or the Chief Business Affairs Officer for review and potential final approval. B. Listed below is an overview of $3,500 non-federally funded or greater purchases that do not require the solicitation of competitive bids or proposals: Product/Service Exempt From Soliciting Competitive Bids When Utilizing State of Florida Funding: 1. 2. 3. 4. Purchases on State Contract (that do not include a request for quote requirement). Educational tests, textbooks, printed instructional materials, films, CD’s, DVD’s, filmstrips, video tapes, disc or tape recordings or similar audio visual materials. Information technology equipment, software and services from suppliers detailed in the College’s strategic technology plan, approved by the College President. Services including educational services provided by another public college or university, or any unit of government, federal, state, or local. Request for Sole Source Form Required? No Pursuant to: SBE Rule 6A-14.0734(2)(C) No SBE Rule 6A-14.0734(2)(A) No SBE Rule 6A-14.0734(2)(G) No SBE Rule 6A-14.0734(2)(F) F.S. 287(3)(e)(12) ADMINISTRATIVE PROCEDURE MANUAL SECTION TITLE 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. NUMBER PAGE REQUEST FOR SOLE SOURCE PURCHASES 05-0302 2 OF 4 BASED ON BOARD OF TRUSTEES’ RULE AND TITLE DATE REVISED 6Hx7-5.1 Purchasing January 20, 2015 Purchase off of “competitively solicited” contracts that was done by either the federal government, any state, independent non-profit college or university, public universities or colleges, or any unit of local government, including buying cooperatives (i.e. E&I Cooperative, or US Communities). Food items (including catering). Library books, reference books, periodicals and other library materials, supplies, collections and audio visual items. If only one responsive bid is received, the College is authorized to negotiate with the single source at the best terms possible. Attorneys, legal services, paralegal and related management consultant services contracts can be negotiated on a single source basis in accord with the State Attorney General guidelines. Artistic services (as defined in FS 287.012 (3)) including artist renderings of an individual artist as well as television production services, graphic arts, industrial design, costume design, fashion design, motion pictures, radio and sound recording, and computer based instructional software. This includes an artistic work in the fields of music, dance, drama, folk art, creative writing, sculpture, paintings, photography, prints and such similar accouterments selected for interior design purposes in order to provide harmony of style, size or shape of a given area. The purchase of works of art are to solely be for public areas of the College, not personal offices and if purchased when a facility is first constructed or renovated to be less than 0.5 percent of the cost of construction of the facility. Specialized instructional equipment. Compatibility with existing equipment or systems. Equipment or replacement parts that are not interchangeable. Emergency purchases if there is an imminent threat to students, employees or public safety. Emergency purchases if the purchase is necessary to prevent further damage to facilities caused by an unexpected circumstance. Specialized services including athletic instruction, referee or umpire services. No SBE Rule 6A-14.0734(2)(C) No No SBE Rule 6A-14.0734(2)(D) SBE Rule 6A-14.0734(2)(B) No SBE Rule 6A-14.0734(4) and F.S. 287.057(5) No SBE Rule 6A-14.0734(2)(F), F.S. 287.0572(E)4, and F.S. 287.059(2)(D) Yes SBE Rule 6A-14.0734(2)(F), F.S. 287.012(3) Yes Yes Yes SBE Rule 6A-14.0734(2)(A) SBE Rule 6A-14.0734(2)(H) SBE Rule 6A-14.0734(2)(H) Yes SBE Rule 6A-14.0734(3) Yes SBE Rule 6A-14.0734(3) Yes SBE Rule 6A-14.0734(2)(F)(H) ADMINISTRATIVE PROCEDURE MANUAL SECTION TITLE 17. NUMBER PAGE REQUEST FOR SOLE SOURCE PURCHASES 05-0302 3 OF 4 BASED ON BOARD OF TRUSTEES’ RULE AND TITLE DATE REVISED 6Hx7-5.1 Purchasing January 20, 2015 Advertisements >$64,999.99 including social media, radio, television, and newspaper advertisements. Rental of equipment or facilities less than 3,000 square feet. Note: Rental of facilities greater than 3,000 square feet require solicitation of competition pursuant to SREF. Yes SBE Rule 6A-14.0734(2)(H)(F) Yes No 23. Purchase from the sole publisher or copyright owner, exclusive agent within the state, or a recognized educational institution. Purchase of specialized used equipment. Professional services including health services, mental health/drug abuse services as defined in FS 287.057(3)(e)(5)(3)(f), management consultants, academic program reviews, auditor services, testing services, instructional services, lectures by performers individuals. Standardization: Single source purchases will be exempt from requiring competition for the purposes of economy or efficiency in standardization of materials or equipment where said standard was determined by an open evaluated public solicitation process. Items for resale (i.e. cosmetology supplies). SBE Rule 6A-14.0734(2)(H) and State Requirements for Educational Facilities (SREF) SBE Rule 6A-14.0734 (2)(E) 24. 25. 18. 19. 20. 21. 22. Yes No SBE Rule 6A-14.0734(2)(H) SBE Rule 6A-14.0734(2)(F) and F.S. 287.057(3)(e)(5) Yes SBE Rule 6A-14.0734(2)(H) Yes SBE Rule 6A-14.0734(2)(I) If federal or state law prescribe the vendor to be used. Yes F.S. 287.057 Gift cards when using “Auxiliary” Fund 3 or when using “Funds held in custody” Fund 6, with a max $100 /gift card and maximum $500 single purchase limit. Purchasers of gift cards shall maintain (for five fiscal years) documentation of the distribution of each gift card. No SBE Rule 6A-14.0734(2) C. The Purchasing Department, upon request, can assist in the completion of a request for Sole Source Purchase Form statement of justification and obtaining supporting documentation. The form can be found on the College’s Purchasing Website. D. Any business paid to develop bid specifications pursuant to FS 287.057 (17)(B)(2)(C) shall not be allowed to bid on that solicitation. ADMINISTRATIVE PROCEDURE MANUAL SECTION TITLE NUMBER PAGE REQUEST FOR SOLE SOURCE PURCHASES 05-0302 4 OF 4 BASED ON BOARD OF TRUSTEES’ RULE AND TITLE DATE REVISED 6Hx7-5.1 Purchasing January 20, 2015 E. If two equal bids are received: 1. Award shall be to that supplier domiciled in the State of Florida. 2. If still tied the Purchasing Department will break the tie by a flip of a coin. REFERENCES: F.S. 287, 287.012, 287.057, 287.059, 1001.64, SBE Rule 6A-14.0261, 6A-14.0734 Adopted Date: June 19, 1995 Revision Date: September 20, 1999, September 13, 2001, November 6, 2012, February 12, 2013, January 20, 2015