1. Lincoln University shall solicit competitive bids for all requirement over $3,000.00 and shall strive, when possible to obtain a minimum of three competitive bids for each requirement. Informal unsealed bids or telephone quotations may be requested on purchases over $500.00 and less than $3,000.00 by the ordering department and/or the Purchasing Department. However, telephone quotations must be submitted to and documented by the purchasing department. Any Purchase of less than $500.00 may be obtained without competitive bidding for each requirement.
The University may utilize any procurement method allowed by RSMo chapter 34:
2. In interviews or discussions with salesmen, no one who is not a member of the Purchasing Department may commit himself or herself on amy product or give away information regarding performance or price which in any way commits the University.
3. All Correspondence with suppliers shall be conducted through the Purchasing Department, except in special cases where the technical details involved make it advisable to delegate authority to others. In such cases the Purchasing Department must receive copies of all correspondence.
4. The Purchasing Department shall conduct all necessary negotiations.
5. The Purchasing Department has full authority to question the quantity, quality and kind of material asked for, in order that the best interests of the University may be served.
6. The University's Purchasing Department will not make any purchases for personal or private use by University Personnel.
7. Employees of the Purchasing Department shall not have any financial or other interest in a service or supply company. Employees of the University are not to be interested directly or indirectly in any contracts.
8. No one other than specifically authorized personnel may make purchases obligating the University for payments of any kind. If an unauthorized individual purchases equipment, supplies or services by other than the established procedures, the purchase shall not be an obligation of the University; and the individual shall be responsible to the vendor for all costs involved in the transaction. All transactions regardless of the source of funds, must be handled in accordance with established purchasing procedures.
Missouri Products & Missouri Firms
By virtue of the statutory authority, preference will be given to materials, products, supplies, provisions and all other articles produced, manufactured, made or grown within the State of Missouri, whereby all other things being equal, and when the same can be secured without additional cost over foreign products or other states.
Competition/Method of Solicitation
1. The phrase "solicit competitive bids" means that the university must provide legitimate opportunity for prospective vendors to compete. Pursuant to 34.065 RSM, when it is impractical to solicit all potential bidders, request for bids must be sent to different vendors on a rotational basis.
2. For procurements valued at $25,000.00 or more, the University must comply with requirements for public notice, solicitation, and advertising as stipulated in 34.040 or 34.042 RSMo.
Specifications
1. Specifications shall, to the extent practicable, emphasize functional or performance criteria while limiting design or other detailed physical descriptions to those necessary to meet the needs of the University.
2. Specifications should be prepared so to preclude restrictive provisions and encourage open and free competition.
3. If the needs of the University can only be met by a specification which requires a specific and exclusive proprietary supply, service or major repair item thereby requiring procurement from a single source, written justification supporting this specific need must be maintained in the bid file.
4. Specifications may be based upon brand name description, if generic or functional specifications are not available, providing the phrase "or equal" is added as a part of the description. If possible, the University shall identify two or more brands equal to the specifications. In the event that a bidder submits a bid referencing a brand name item, representing that it is equal to that which is specified in the bid and if the University determines that such a bid items are not equal, the University shall document the specific decision about that item in the bid file.
Emergency Purchases
1. An emergency condition is a situation which creates a serious and obvious threat to public health, welfare or safety and/or to the operation of state government in executing it's legal responsibilities to the public and/or for the persons or property in its legal care, custody or control. Examples of such causes are: flood, epidemic or illness, riot, natural disaster, accident, equipment failure and similar causes.
2. To qualify as an emergency procurement, and emergency condition, as defined above, must exist and create an immediate and serious need for supplies and/or services which cannot be satisfied following the normal procurement methods due to the element of time. A situation shall not warrant itself as an emergency purchase unless (1) An emergency condition exists (2) The element of time is a crucial factor in seeking relief (3) The resolution of the condition receives priority over routine operations and duties of the University.
3. Although an emergency procurement requires immediate action, emergency purchases shall be awarded to the lowest and best vendor whenever possible to do so considering the conditions existing at that point in time. Emergency purchases of less than $3000.00 do not require competition.
"No Substitution"
1. Requisitions calling for an item of equipment, supplies, or services from one source only, and allowing no substitutes must be completely justified in writing as, sufficiently unique to preclude the use of another similar item of different manufacturer or brand. This justification must accompany the requisition.
2. In the absence of such a suitable written justification being presented with the requisition, orders or bids will be place without restrictions, or on an "or equal" basis.
Sole Source
1. Rationale based exclusively on assumption of "an only known source" or "sole source" assumption is not acceptable, since such a statement cannot be technically proven without public bidding and/or advertising.
2. To make a request to process an order on a "sole source" or single feasible source basis, please complete a Letter of Justification for non-competitive purchases and submit to Purchasing for review and approval. This form must accompany the requisition
Competition
1. Lincoln University shall solicit competitive bids for all requirements and shall strive, when possible, to obtain a minimum of three competitive bids for each requirement.
