Purchasing Guidelines and Procedures Purchasing Objectives University Purchasing is the authorized department to negotiate the purchase and lease of all supplies, equipment and services at Kean University. University Purchasing is responsible for procuring goods, and services in the most fair, competitive and equitable manner possible to meet the diverse needs of the University. The objectives of University Purchasing are: To purchase, rent or lease all goods and services to support the university’s educational and administrative operations, in accordance with university policy. To maintain good business relations with suppliers, and to ensure that goods and services are delivered on schedule. To develop and implement sound cost-effective policies, procedures and systems regarding the procurement of goods and services needed to support educational and administrative activity. To encourage open competition among vendors through fair negotiation, competitive bidding, and contract buying. To develop and maintain a complete and current inventory of all capital and fixed assets belonging to the university. To comply with all State and Federal requirements pertaining to the procurement of goods and services. The Kean University Purchasing System All purchases at Kean University are to be made through Datatel, the online purchasing module in the Colleague Distributed Financials system. Access to Distributed Financials requires a login ID and password; training is required to effectively use the system. Please call extension 75050 for information on upcoming training classes. The following steps are utilized before a purchase requisition can be processed: 1. 2. 3. 4. The online requisition is completed using Colleague Distributed Financials. The dean or department head approves the requisition in the system. The vice president of the appropriate department approves all requisitions over $1,000. The requisition is sent electronically to University Purchasing upon completion and authorization. 5. University Purchasing changes the requisition into a purchase order. 6. The purchase order is signed and mailed to the supplier. Page 1 of 14 7. The goods are shipped to the university based on the purchase order contract item description. 8. Acceptance of goods or services is entered into the Distributed Financials system; this indicates to Accounts Payable that the supplier can be paid. 9. Invoices must be sent directly to General Accounting. 10. General Accounting pays the invoice. Use the requisition worksheet to record the product and vendor information that will be entered into the online Distributed Financials system. All the information needed to complete an online requisition is indicated on the requisition worksheet. Purchase Orders A purchase order contract is legal document governed by Contracts Law and the Uniform Commercial Code of Law (UCC). It is a contract between Kean University and a supplier for goods and services; therefore, it is the only legal method of acquiring goods and services for the university. Stated University terms and conditions on the purchase orders to the suppliers are also contractually binding. Bottled Water Effective July 1, 2006, the ordering of bottled water for departments and the issuance of a Blanket Purchase Order for payment will be established by the office of University Purchasing. Department requests for bottled water will be directed to Joe Kang/Asst. Director/University Purchasing, e-mail: sjkang@kean.edu. Prepayment Some suppliers require prepayment with a purchase order; therefore, the exact price should be determined before prepayment is requested. Follow the steps below to process a prepayment order: 1. Send all order forms and invoices that will accompany the prepayment to University Purchasing. 2. Write the requisition number on the documentation being sent. (The requisition number is the number automatically assigned to a requisition through the online Distributed Financials purchasing system.) Examples of pre-payments are: theater tickets, subscriptions, lectures, honorariums, consultants and memberships. Bid Specifications University Purchasing issues bid specifications that will permit fair and equitable bid solicitation from qualified suppliers. Specifications should be written as openly as possible to avoid the exclusion of potential bidders. The nature of certain goods and services may make it difficult to formulate specifications. In such cases, the user department may specify a brand name, model number, or item catalog number and must include the words “or equal” as part of item specifications. Page 2 of 14 Any alternates offered by the low bidder as “equal” must be reviewed for acceptability by the ordering department and University Purchasing. If alternates are not acceptable, the department must give written justification for each alternate rejected. This written justification is retained in the bid file and shall be made available to the public for review, if requested. Mandatory pre-bid conferences or site inspections may be conducted for the bidders to clarify a complex request for goods or services A responsible bidder is defined as: A. A manufacturer, producer, or dealer, or a bona fide manufacturer’s agent, regularly employed on a salary or commission basis by one or more manufacturers. B. One who has demonstrated sound judgment and integrity; showing a record of satisfactory performance and a financial status that will not present a risk to the university in its contractual relations. If the Director of University Purchasing concludes that a bidder lacks the ability to ensure adequate performance, the bid may be rejected even though it is the lowest bid. Kean University retains the right to reject bids when costs are over budget, when bids do not meet specifications, or when it is in the best interest of the university to do so. Set Aside Purchases It is the mission of University Purchasing to provide fair and equal treatment to all suppliers involved in the procurement process. All contracts for the purchase or lease of goods and services are awarded through competitive bidding or negotiation processes established by University Purchasing. Kean University, in conjunction with the department of New Jersey Commerce & Economic Growth Commission in Trenton has established a Small, Minority and Womenowned Business Enterprise procurement program in the State of New Jersey. The goal of this program is aimed at stimulating the growth of SBE’s, MBE’s and WBE’s by encouraging their participation in all phases of the procurement activities at Kean University. The targets are to award 25% of the dollar value of contracts to eligible small minority and female businesses. University Purchasing is supportive of activities designed to promote Small, Minority and Women-owned businesses. Ordering departments need to be aware of this commitment by Kean University and are encouraged to utilize these suppliers when available. Page 3 of 14 Vendor Selection University Purchasing maintains a list of qualified suppliers in most commodity areas and is responsible for selecting suppliers. User departments may also recommend suppliers; however, University Purchasing has the final authority in selecting the supplier for any purchase. Guidelines for Competitive Bidding University Purchasing will determine when competitive bids for goods or services are required by estimating the value of the request and by reviewing the specifications and delivery requirements. The guidelines are as follows: Purchases Up To $33,000 The University Purchasing buyer may solicit written bids, obtain telephone quotes or place orders immediately, depending on the competitive nature of the goods or services and the needs of the user department. This $33,000 amount is cumulative for a supplier during the fiscal year. A supplier cannot be used by the university once the threshold amount is reached. Purchases Over $500.00 Note: If a requisition is $500.00 or more, the ordering department must provide a written quote from the supplier. Signed written quotes from the suppliers are required for purchases over $5,000.00. Purchases Over $33,000 The University Purchasing buyer will obtain three or more competitive sealed bids. These bids are opened and read at a public bid opening which may be attended by bidders and university personnel. Bid Waivers When the normal thirty day bidding process period is not acceptable, or the product or service is unique or, the dollar amount exceeds $33,000, the user department may request a bid waiver, in writing, indicating the circumstances for the waiver request. Please print out the form from the website: Request for Waiver of Public Advertising and Bidding and send to University Purchasing. The bid waiver request is approved by the Director of University Purchasing, the Executive Vice President for Operations and University Legal Counsel and is then submitted to the Board of Trustees for review and approval. Request for Bid Waiver Form Page 4 of 14 Bid Waiver Procedure 1. Definition. A Bid Waiver is a request to procure goods or services in excess of the current bid threshold of $33,000 (as may be amended) without public advertising or bidding. 2. Nature of a Bid Waiver. Bid Waivers can be used in limited circumstances when conditions preclude competitively procured public bids within the customary thirty (30) day solicitation period. When this situation occurs, the requesting department can initiate a written Request for Bid Waiver. (A sample form is attached as Exhibit “A”). 3. Obtaining a Request for Bid Waiver Form. Please refer to Kean University Purchasing website (http://www.kean.edu/offices/purchasing/ - Forms Section) to download the Request for Bid Waiver of Public Advertising and Bidding. The document is available in either PDF or MS Word format. 4. Bid Waiver Legal Requirements. The exemption to public bidding must comply with the applicable provision of the New Jersey State College Contract Law under N.J.S.A. 18A:64-56a. A copy of this statute is posted below for your reference. Applicable reasons for a bid waiver are created by the uniqueness or very specialized nature of a required product or service. The appropriate citations shall be entered on the waiver request form in item 10. An example of such a justification might include: ● ● ● 5. 6. 18A:64-56a (1) Professional Services 18A:64-56a (2) Extraordinary Unspecified Services 18A:64-56a (25) Consulting Services involving Information Technology Processing the Bid Waiver. ● The requesting department submits the completed Bid Waiver to University Purchasing for approval. Attachments to the Bid Waiver should include a price Quotation and if sole source, supporting documentation from the supplier to further validate the sole source justification. ● After University Purchasing has reviewed and signed the Request for Bid Waiver, the Bid Waiver is then presented to the Office of the Executive Vice President and Legal Counsel for review and approval. ● Upon approval by University Purchasing, the Executive Vice President and Legal Counsel, the fully signed Request for Bid Waiver is presented to the Board of Trustees for review and final approval to officially sanction the Bid Waiver. ● Approval by the Board of Trustees occurs at an official scheduled Board meeting. Validity/Duration of Bid Waiver. The Request for Bid Waiver is valid upon receiving Board of Trustees’ approval and only in the authorized dollar amount. Unless otherwise increased, the Bid Waiver will expire when the initial authorized dollar amount is depleted. New Jersey State College Contracts Law for Bid Waivers Page 5 of 14 18A:64-56. Purchases, contracts or agreements exceeding threshold amount; conditions allowing the making, negotiating, and awarding by resolution of board without bidding Any purchase, contract or agreement of the character described in section 4 of P.L.1986, c. 43 (C.18A:64-55) may be made, negotiated or awarded by the State college by resolution at a public meeting of its board of trustees without public advertising for bids or bidding therefor if: a. The subject matter thereof consists of: (1) Professional services; or (2) Extraordinary unspecifiable services and products which cannot reasonably be described by written specifications, subject, however, to procedures consistent with open public bidding whenever possible; or (3) Materials or supplies which are not available from more than one potential bidder, including without limitation materials or supplies which are patented or copyrighted; or (4) The doing of any work by employees of the State college; or (5) The printing of all legal notices and legal briefs, records and appendices to be used in any legal proceeding to which the State college may be a party and the use of electronic data or media services, including the internet, for the printing of these legal notices and legal briefs, records and appendices ; or (6) Textbooks, copyrighted materials, student produced publications and services incidental thereto, library materials including without limitation books, periodicals, newspapers, documents, pamphlets, photographs, reproductions, microfilms, pictorial or graphic works, musical scores, maps, charts, globes, sound recordings, slides, films, filmstrips, video and magnetic tapes, other printed or published matter and audiovisual and other materials of a similar nature, necessary binding or rebinding of library materials and specialized library services , including electronic databases and digital formats; or (7) Food supplies and services, including food supplies and management contracts for student centers, dining rooms and cafeterias; or (8) The supplying of any product or the rendering of any service by the public utility which is subject to the jurisdiction of the Board of Public Utilities, in accordance with tariffs and schedules of charges made, charged and exacted, filed with that board; or (9) Equipment repair service if in the nature of an extraordinary unspecifiable service and necessary parts furnished in connection with the services; or (10) Specialized machinery or equipment of a technical nature which will not reasonably permit the drawing of specifications, and the procurement thereof without advertising is in the public interest; or (11) Insurance, including the purchase of insurance coverage and consulting services, which exceptions shall be in accordance with the requirements for extraordinary unspecifiable services; or (12) Publishing of legal notices in newspapers as required by law and the use of electronic data or media services, including the internet, for the publication of the legal notices; or (13) The acquisition of artifacts or other items of unique intrinsic, artistic or historic character; or (14) The collection of amounts due on student loans, including without limitation loans guaranteed by or made with funds of the United States of America , and amounts due on other financial obligations to the State college, including but not limited to, the amounts due on tuition and fees and room and board; or (15) Professional consulting services; or Page 6 of 14 (16) Entertainment, including without limitation theatrical presentations, band and other concerts, movies and other audiovisual productions; or (17) Contracts employing funds created by student activities fees charged to students or otherwise raised by students and expended by student organizations; or (18) Printing, including without limitation catalogs, yearbooks and course announcements and the production and reproduction of such material in electronic and digital formats, including compact discs; or (19) Information technology; or (20) Personnel recruitment and advertising, including without limitation advertising seeking student enrollment; or (21) Educational supplies, books, articles of clothing and other miscellaneous articles purchased by a State college for resale to college students and employees; or (22) Purchase or rental of graduation caps and gowns and award certificates or plaques; or (23) Items available from vendors at costs below State contract pricing for the same product or service, which meets or exceeds the State contract terms or conditions; or (24) Management contracts for bookstores, performing arts centers, residence halls, parking facilities and building operations; or (25) Consulting services involving information technology, curricular or programmatic review, fund raising, transportation, safety or security; or (26) Construction management services for construction, alteration or repair of any building or improvement; or (27) Purchase or rental of equipment of a technical nature when the procurement thereof without advertising is necessary in order to assure standardization of equipment and interchangeability of parts in the public interest. Unsatisfactory Supplier Performance A. The goal of University Purchasing is to award contracts to responsible bidders or suppliers who meet all bid specifications. B. Unsatisfactory supplier performance must be described in writing and forwarded immediately to the director of University Purchasing. C. Suppliers that fail to perform to an acceptable level will be removed from the supplier’s list. D. The final authority for supplier removal from the university supplier’s list remains with the Executive Vice President for Operations. Page 7 of 14 Unauthorized Purchases Placing a purchase order with an outside supplier without an approved university purchase order constitutes an unauthorized purchase. Payment to the supplier may be refused. Repeated violations involving unauthorized purchases by the same department will be referred to the Director of University Purchasing for resolution. Purchases made with personal funds on behalf of the university violate university policy. Reimbursement to the individual may be refused or in cases where the goods or services could be purchased at a lower price, reimbursement may be limited to the lesser amount. Kean University is a tax exempt institution; therefore, sales tax paid with personal funds will not be reimbursed. Resolution of Disputed Purchases University Purchasing will review and refuse any requisition for goods and services if the purchase is contrary to university policy. Disputed purchases will be submitted to the director of University Purchasing for final resolution. Emergency Requisitions Emergencies are regarded by the university as life or safety hazards, keeping vital equipment operative or preventing the deterioration of an experiment. Valid emergency purchases can be made with the verbal consent of University Purchasing after it has received budget approval. The user department may then process an authorized purchase requisition immediately using the online Distributed Financials purchasing system. An explanation of the emergency should be submitted to University Purchasing in writing. Employee Reimbursement For further information click on the following link: General Accounting Procedure for Placing an Emergency Order A. Enter the ordering information into the Distributed Financials System; contact University Purchasing immediately to advise them of the emergency. The purchase order will be issued. University Purchasing will forward the purchase order to the supplier by fax or phone. B. When preparing the requisition, the word “EMERGENCY” and “CONFIRMING ORDER” must appear in the body of the requisition. C. Necessary after-hour purchases should be handled as emergency purchases. User departments may make the necessary purchases and contact University Purchasing on the next business day with details. Contracts for Goods and Services University Purchasing establishes contracts with suppliers through bidding and negotiating for a variety of goods and services throughout the year. As a convenience to university Page 8 of 14 departments, blanket purchase orders for repetitive requirements may be issued to contracted suppliers. See section on Blanket Requisitions. State Purchasing Contracts A. The State of New Jersey Purchase Bureau establishes some cooperative purchase contracts for a variety of products and services. The State Purchase Bureau permits the various sub-political bodies and agencies, to purchase goods and services against these state contracts. Blanket orders can be issued for these contracted suppliers. The list of state contract suppliers can be accessed via the internet at www.state.nj.us/treasury/purchase . B. Some state contracts are awarded based on a specific dated price list and discount schedule. It is the responsibility of University Purchasing to obtain the price lists, catalogs and discount schedules, from the contracted suppliers. This material is kept on file in the University Purchasing department, and is available to user departments. Blanket Requisitions Blanket requisitions may be issued to outside suppliers in any dollar amount, when a university bid and state contract are used, blanket orders under the bidding threshold of $30,100 may also be issued. Equipment cannot be purchased on a blanket purchase order. Blanket requisitions enable university departments to purchase frequently ordered goods or services with a single order in place of multiple orders. Use the Distributed Financials online system to enter blanket order requisitions. Blanket orders may be issued to suppliers after the conditions of a contract have been established by University Purchasing. The user department may issue releases against the blanket order after they receive the “Acknowledgment Copy”, signifying that the order was processed to the supplier. Departments must review the charges against their blanket orders using the Distributed Financials system. When funds against a blanket order have been depleted, an increase to the blanket order should be processed if the department wants to continue to utilize the order. Once approved by the Director of University Purchasing, the amount of the blanket order will be increased in the Distributed Financials system. To increase a blanket order: Send an e-mail or memo to University Purchasing indicating the purchase order number of the original order issued. Indicate that the request is to “increase” the blanket order. Use the Distributed Financials online system to enter blanket order requisitions. Service and Equipment Agreements Page 9 of 14 Equipment furnished on a rental, lease, or lease purchase basis should be covered by an agreement. Scientific, computer, and office equipment, should be maintained under service agreements to ensure continued operation. A. All contracts and agreements for goods and services are to be reviewed and signed by the director of University Purchasing or the authorized agent who has buying authority. Thus, departments receiving any of these documents from suppliers should forward all original copies to University Purchasing for signature. B. User departments will receive fully executed copies of agreements for their records after the contract has been signed. C. The original copy of this agreement will remain on file in University Purchasing until it expires. User departments are responsible for: 1. Initiating requisitions for agreement renewals. 2. Notifying University Purchasing of any agreement cancellations or changes. 3. Fulfilling all agreement provisions. Price Estimates for Budget Planning User departments may request a single informal quote from a supplier for budget purposes only. University Purchasing will also provide price quotations to departments for budget planning purposes and they may solicit additional quotations based on market conditions. Major Equipment Purchases Major equipment is defined as equipment requiring utility connections such as, electricity, water, sewer or gas. Small copy machines and other office equipment operating from standard electrical duplex outlets are not considered major equipment. Electrical Requirements – When requesting equipment using electricity or the gas, consideration must be given to see if electrical outlets are available at the desired location and that the addition of this equipment would not cause an overload. Generally, the University requirement, other than 100-120 volts AC, is 208 volts 3 phase. Please check with the Facilities Department, at extension 75000 for more information. Size and Weight – When ordering items, be sure to take the size of the item into consideration, so that getting equipment into the building will not require the destruction of any walls, or other structures. Always consider the size of the elevators, stairways, doors, and hallways when moving the item to its final destination. Ordering departments should be sure that the item will fit through these areas before ordering. Page 10 of 14 Installation – If possible, make sure installation is included with your purchase. Do not presume that the Maintenance Department will be able to install the item in time for use. Assembly – Make sure that you know whether the items that you are requesting are pre-assembled before ordering. Canceling an Order To cancel a purchase order, contact University Purchasing immediately. A purchase order, once issued to the supplier, is a binding contract; therefore, the supplier is not obligated to accept any cancellations, unless cancellation is permitted by the supplier. If the order can not be cancelled, the ordering department is responsible for paying for the goods or services ordered. If cancellation is permitted by the supplier, a letter cancelling the original order will be processed by University Purchasing. Shipping/Delivery Costs: Shipping and delivery costs are considered part of the contract and do not require an addendum, even when they exceed the original purchase order amount. Return of Equipment and Supplies for Credit Suppliers are not obligated to give credit for equipment or supplies that were delivered as specified; however, University Purchasing will assist departments with the return of goods for credit if necessary. University Purchasing may be reached at extension 75050. NOTE: Supplier restocking fees are a standard business practice. Useful Transportation Definitions: 1. The F.O.B. Point (Freight-on-board) is the location where the title to the goods passes from the seller to the buyer. 2. F.O.B. (Freight-on-board) Destination Prepay and Add means the supplier is liable for loss or damage in transit, and is also responsible for filing any claims with the shipper. The supplier will normally pay shipping charges and add it to the invoice, but this should be verified with the supplier in advance. 3. F.O.B. (Freight-on-board) Shipping Point means the ordering department is liable for loss, shipping cost, damage and the responsibility for filing any claims with the shipper. 4. BEST TERMS F.O.B. Destination means all shipping charges are included. The supplier is responsible for shipment and any damages. 5. STANDARD UNIVERSITY TERMS ARE FOB: Destination to specify suppliers shall assume all responsibility and liability for the delivery of merchandise to the University. Page 11 of 14 Receiving and Inspection of Goods Follow the procedures outlined below when a shipment is received in cartons from Central Receiving: 1. Verify that the number of pieces received match the description and quantity indicated on the purchase order and packing slip. 2. Examine the cartons closely for any damage. 3. If the cartons are damaged, open them before signing the delivery receipt from Central Receiving. 4. Describe the damage on the delivery receipt. The shipper will not be responsible if the exact damage is not noted on the delivery receipt or Bill of Lading. 5. Save the cartons if you find any damage. The claims agent may wish to examine the cartons to determine how the damage occurred. 6. Departments will be liable for any damage or shortage if it is not noted on the delivery receipt or Bill of Lading. 7. Carriers are not liable for damage after fifteen calendar days; therefore, goods should be unpacked as soon as possible after receipt. Damage must be reported to the delivering carrier before the fifteen calendar-day limit has expired. University-Owned Equipment (Fixed Assets) University-owned equipment or Capital Equipment is defined as follows: Category I Items with an original cost of $5,000 or more, with a useful (depreciable) life of at least five years, an identity that does not change with continued use, and a shelf life that makes accountability practical. Cost includes installation and freight charges, and the value of the trade-in if there is one. Standard university discounts are subtracted from the cost. Category II The following is also considered equipment when it meets the definition described in Category I. A. Accessories or attachments: Items that cost more than $5,000, relate to another item of equipment, and are attached to or remain with that item. B. Fixed Items: Equipment that is merely attached or fastened to the building and can be removed without the need for costly alterations or repairs to the building to make the space Page 12 of 14 usable for other purposes. Examples of fixed items include appliances, athletic equipment and audio visual equipment. C. Transferred Items: Items received from the Federal or State government or other institution that meet the definition of fixed items. Cost is the original acquisition dollar amount shown on the transfer document. D. Equipment Gifts will be inventoried if they fulfill the definition of equipment. The valuation shown on the gift document will be used cost. If this is not available, the estimated value at the time of acquisition will be used. Exceptions: Items that are not considered equipment, even though they cost more than $5,000 include: 1. 2. 3. 4. 5. 6. 7. Part of a building or structure Alterations to facilities Replacement parts Consumable supplies Glass products Books, films, microfilms, transparencies, tapes and records Rented or leased equipment Disposal of University-Owned Equipment Furniture or Other Property All university-owned equipment, furniture and other items which are no longer needed by departments should be declared as “surplus”. Notify University Purchasing, in writing, of all surplus equipment. When trading-in used equipment towards the purchase of new equipment, it is the ordering department’s responsibility to list and describe each item to be traded-in on the purchase requisition. The description for each item must include the tag number and the manufacturer’s serial number. University Purchasing is responsible for handling all fixed assets at Kean University. They will code the equipment as a traded-in and delete it from the financial records of the university. University Purchasing maintains files of purchase orders describing all trade-in transactions. These documents are kept for information and audit reviews. Materiel Services, is the sole University authority for handling the disposition of all university-owned property. They can be reached at extension 75080. University Service Departments Materiel Services Materiel Services provides various material handling services to University departments. The office hours are 8:00 a.m. to 4:00 p.m. Monday through Friday. Receiving Department Page 13 of 14 The Receiving Department is staffed to receive incoming shipments of equipment and supplies. These incoming shipments are distributed to campus departments by the Warehouse. Office Supplies The Warehouse stocks over one hundred different commonly used office supplies such as pens, pencils, typewriter ribbons, staples, and other stationery items. To purchase items from the Warehouse, departments should complete the Stationery Supply Requisition and forward it to the Warehouse. Fill in the stationery supply requisition completely. The department supervisor or designee must sign the form. There must be sufficient funds in the department’s budget to cover the purchase of the requested supplies. Items sold to a department will be charged to their account at the current inventory price in the month of the purchase. Allow three business days to fill and deliver an order. Out of stock items will be indicated on the packing list copy of the Supplies Requisition form that is delivered with the requested items. Emergency orders can be picked up between 8:00 a.m. and 4:00 p.m. provided that a signed Supplies Requisition form is presented. The quantity delivered may differ from the quantity requested due to a limited supply or a difference between the standard unit of issue and the ordered quantity. If a requisition is not filled completely, the unfilled items must be re-ordered; the Warehouse does not back order any items. Any questions about Warehouse stock items, forms or charges should be addressed directly to the Warehouse supervisor at extension 75080. Page 14 of 14