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Section I – Introduction
The
2006 Kansas legislature enacted Senate KSA 76-769. This statute authorizes
the Kansas Board of Regents to select two (2) institutions for purposes of conducting
a three (3) year pilot project commencing on June 1, 2007 and ending June 30,
2010. During the time period specified, the institutions selected shall be
exempt from the purchasing statutes that are contained in K.S.A. 75-3737a
through 75-3744 and the Kansas Correctional Industries statutes contained in
K.S.A. 75-5273 through K.S.A. 75-5282.
Section II – Authority and Delegation
KSA
76-769, Sections 1 (a) (2) and (3) grant authority to the Kansas Board of
Regents to approve the policies regarding the acquisition of any supplies,
materials, equipment, goods, property and services required by the pilot
institutions.
The
Board of Regents has directed the Chancellor of the University of Kansas as
the Chief Executive Officer of the state university participating in the
pilot project to develop and implement the policies required to administer
and operate the pilot project in accordance with all terms, conditions and
requirements detailed in KSA 76-769 and Board Policies.
The
Chancellor of the University of Kansas may delegate the administration of the
policies and procedures developed to the appropriate staff and departments on
the campus at his/her sole discretion.
Section IIa – Administration of the Delegated Authority
Upon
the effective date of these Procurement Policies, the Chancellor of the
University of Kansas shall delegate to the University of Kansas Director of
Purchasing all purchasing authority. The KU Director of Purchasing may
further delegate his/her authority to persons in university departments for
the efficient operation of the university in accordance with the terms of
this KU Procurement Policies document.
Consistent
with the provisions of this Policy document, the KU Director of Purchasing
may adopt operational procedures governing the internal purchasing functions
of the university, including purchases at the department level.
Section IIb – Delegation
I
hereby delegate the authority to conduct all purchasing authority to the
University of Kansas Director of Purchasing
Signed:
________________________________
Robert Hemenway, Chancellor
Date:
________________________________
Section III – Purpose
This
University of Kansas Procurement Policies document is intended to establish
the parameters of a purchasing program that is specifically designed to
support and facilitate the instructional, research, and public service
missions of the University by applying best methods and best business
practices when the University is acquiring supplies, materials, equipment,
goods, property and services.
Within
the context of the University environment, these Policies are intended to
promote the development and use of purchasing processes that promote the
pursuit of excellence and the best interests of the University while
maintaining the highest possible integrity, broad based competition, fair and
equal treatment of the business community and increased economies and
efficiencies in the purchasing process. Examples include seeking higher
education pricing in lieu of governmental pricing, utilizing procurement
processes and procedures that allow shorter processing times, developing
specifications that are university specific, and dramatically increasing the
flexibility of the purchasing process.
The
results of these efforts shall be reported by comparing, at a minimum, the
costs paid when utilizing university or cooperative contracts versus the
prices paid when utilizing state contracts, comparing the processing times
associated with competitive bid transactions processed during the term of the
pilot project versus the processing times associated with competitive
transactions prior to the pilot project, and measuring the number of
transactional approvals required during the pilot project versus those
required prior to the pilot project
The
University shall communicate and collaborate with the State of Kansas
Division of Purchases and other state universities to insure that all
procurement opportunities where mutual benefit can be obtained are achieved.
Examples include participating instate sponsored contract development
meetings, utilizing state contracts when they meet the needs of the
university and allowing state agencies and other state universities to access
contracts and pricing agreements entered into by the university during the
course of the pilot project whenever possible.
The
KU Director of Purchasing and members of the KU Purchasing Services
department shall work collaboratively with the University Director of
Internal Audit and their staff as operating procedures and reporting mechanisms
are developed and audits of individual departments are conducted to insure
adherence to proper purchasing procedures.
Section IV – Applicability
A.
General Applicability
These
Policies apply to the acquisition of all supplies, materials, equipment, goods,
property and services that are paid for with funds on deposit with the state
treasury.
B.
Exclusions
These
Policies do not apply to the following situations:
1.
Purchases
where fifty (50) percent or more of the funding for a transaction is on
deposit with the University of Kansas Center for Research.
2.
Purchases
made with University of Kansas Endowment Funds.
Section V – Ethics and Conflict of Interest
A.
Code of Ethics
All
parties involved in the negotiation, performance, or administration of the acquisition
of any supplies, materials, equipment, goods, property and services required
by the University are bound to act in good faith. Any person employed by the
University who purchases supplies, materials, equipment, goods, property and
services, or is involved in the purchasing process for the University, shall
be held to the highest degree of trust and shall be bound to the University
of Kansas Procurement Code of Ethics. (See Appendix A)
B.
Conflict of Interest
The
University of Kansas “Conflict of Interest Policy” defines the processes to
be followed in articulating and resolving conflicts of interest at the
University. When the KU Director of Purchasing has reason to believe that a
conflict of interest may exist in the acquisition of goods and services
he/she will direct the affected department to comply with the procedures
described in this policy. (See Appendix B)
Section VI – Competitive Bids
A.
Competitive Bid Policy
It
shall be the policy of the University to purchase all required supplies,
materials, equipment, goods, property and services in a manner that affords
vendors a fair and equal opportunity to compete.
B.
Competitive Bid Thresholds
1.
Up to
$5,000 – The KU Director of Purchasing may delegate authority to campus
departments for all purchases of required supplies, materials, equipment,
goods, property and services in accordance with the terms of this Policy
document and approved purchasing procedures;
2.
$5,000
and over – purchases of required supplies, materials, equipment, goods, property
and services shall be accomplished by utilizing an approved competitive
solicitation type, or by an approved non-competitive processes as determined
by the KU Director of Purchasing in accordance with the terms of this Policy
document and approved purchasing procedures.
C.
Competitive Bid Notification
A
competitive bid transactions with an estimated cost that exceeds $5,000,
regardless of type of competitive solicitation utilized, shall be advertised
in a manner that provides reasonable notice to the public of the competitive
bid opportunity. Reasonable notice may include but is not limited to
electronic bulletin boards, posting of hard copy documents in a public
location, publication inappropriate newspapers and trade journals and other
means as deemed appropriate by the KU Director of Purchasing in accordance
with approved purchasing procedures.
D.
Specifications
Specifications
shall be developed in a manner that are not unduly restrictive while
recognizing the purpose of these Policies as detailed in Section III of this
document.
E.
Competitive Bid Openings
Competitive
transaction bid openings shall be open to the public in accordance with
approved purchasing procedures.
F.
Evaluations and Award
All
competitive bid responses shall be evaluated as outlined in the competitive
transaction documents. The KU Director of Purchasing shall ensure the award
decision treats all vendors equitably and is made in accordance with the
specifications; terms and conditions utilized for the competitive transaction
as well as the terms of this Policy document and approved operating
procedures. Unless otherwise specified in approved purchasing procedures and
in the specific bid documents governing a transaction, the criteria for award
shall be on the basis of lowest responsible bidder meeting the
specifications, terms and conditions established in the bid documents.
G.
Determinations Required
Any
decision or finding required to administer the scope of the purchasing
program shall be supported by a written determination prepared or approved by
the KU Director of Purchasing in accordance with approved purchasing
procedures.
Section VII – Vendor Suspension
The
KU Director of Purchasing may issue a written determination to suspend a
vendor from doing business with the University pending an investigation to
determine whether cause exists for debarment in accordance with approved
purchasing procedures.
A
written notice of the suspension, including a copy of the determination, shall
be sent to the suspended vendor with a copy to the KU Associate Vice
Provost/Comptroller.
The
suspension period will be effective upon issuance of the notice of
suspension.
Section VIII – Vendor Debarment
A. A vendor may be debarred for any of
the following reasons:
1.
Conviction
of a criminal offense in relation to obtaining or attempting to obtain a
University contract or in the performance of such contract;
2.
Conviction
under State of Kansas or Federal statutes of embezzlement, theft, forgery,
bribery, falsification or destruction of records or receiving stolen
property;
3.
Conviction
under State of Kansas or Federal antitrust statutes arising out of the
submission of bids or proposals;
4.
Failure
to perform in accordance with the terms of one or more contracts following
notice of such failure, or a history of failure to perform, or of
unsatisfactory performance of one or more contracts;
5.
The
vendor is currently under debarment by any other governmental entity that is
based upon a settlement agreement or a final administrative or judicial
determination issued by a Federal, state or local governmental entity.
Following
completion of the investigation to determine whether a vendor has engaged in
activities that are cause for debarment, the KU Director of Purchasing may
debar the vendor for a period of time commensurate with the seriousness of
the findings.
B. A written notice of debarment shall
be sent to the vendor. The notice shall:
1.
State
the debarment period; and
2.
Inform
the debarred vendor that any person(s) representing the debarred vendor
during the debarment period may conduct no business with the University and
that any solicitation responses received from the debarred vendor during the
debarment period shall not be considered.
3.
The
debarment period will be effective fourteen (14) calendar days after the
notice of debarment is sent to the debarred vendor.
Section IX – Dispute Resolution
A.
The KU Director of Purchasing is authorized to resolve, in accordance with
approved purchasing procedures, any protests regarding any and all purchasing
matters including but not limited to:
1.
Any
protest concerning the solicitation or award of a contract or purchase order;
and
2.
Any
controversy arising between the University and a contractor by virtue of a
contract or purchase order between them, including, without limitation,
controversies based upon breach of contract, mistake, misrepresentation, or
any other cause for contract modification or rescission.
B.
The KU Director of Purchasing shall render a written decision regarding the
protest within seven (7) calendar days after the protest and/or any
subsequently submitted information is received. The KU Director of Purchasing
shall furnish a copy of the decision to the protestor in writing in
accordance with approved purchasing procedures.
C.
The protesting party may appeal the written determination of the KU Director
of Purchasing. If the protesting party desires to appeal, he/she must submit
his/her written request for appeal to the KU Associate Vice Provost/Comptroller
within seven (7) calendar days after receipt of the written determination of
the KU Director of Purchasing. The decision of the Associate Vice Provost
/Comptroller shall constitute the Final Agency Order regarding the matter.
Section X – Procurement Records
Procurement
records are subject to disclosure pursuant to the provisions of the Kansas
Open Records Act. (See Appendix C)
Procurement
records shall be retained and disposed of in accordance with applicable
records retention policies of the State and University of Kansas.
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