ADMIN 100 - Procurement Policy

Number: ADMIN 100

Effective: April 2, 2017

Last Reviewed: July 1, 2023

Department: Finance/Business Office

Last Revision: May 19, 2023

Purpose

To establish a course or principle of action for CWI’s procurement of goods and services. If you have purchases to be made with federal funds, contact the Grants Group.

Scope

Applies to all purchases, other than the procurement of public works construction, made by CWI and all employees involved in CWI’s procurement processes.

Definition

Administrative Unit: Any department, office, division, or other administrative component of the College.

Administrative Unit Manager: Employee within an Administrative Unit responsible for authorizing purchase orders and Contracts. This is limited to the following: Deans, Comptrollers, Assistant Vice Presidents, Chief Information Officer, Executive Directors, and Directors who do not directly report to a Dean, Comptroller, or Assistant Vice President.

College: CWI or any of its Administrative Units.

Contracts Group: Those employees in the Business Office responsible for contract administration, management, and compliance.

Contractor: The entity or person entering into the Contract with CWI.

Cooperative Purchasing Program: A program established by any association, of which a political subdivision can become a member, to assist the political subdivision in bidding and negotiating contracts for the purchase of goods or services.

Emergency Expenditure: An expenditure made (i) where there is a great public calamity such as an extraordinary fire, flood, storm, epidemic or other disaster; (ii) that is necessary to do emergency work to prepare for the national or local defense; or (iii) that is necessary to do emergency work to safeguard life, health or property.

Formal Bid Request: A solicitation to purchase goods and/or services through an open competitive “sealed” bid process. The process can be an Invitation to Bid (ITB) or a Request for Proposal (RFP).

Formal Bid Response: A contractor’s response to a Formal Bid Request.

Informal Bid Request: A solicitation to purchase goods and/or services in a “non-sealed” bid process.

Informal Bid Response: A contractor’s response to an Informal Bid Request.

Invitation to Bid (ITB): The sealed‐bid procurement procedure by which CWI advises potential Contractors of goods or services required by the College. The ITB document describes the bidding process and contract terms and provides guidance on how to respond.

Lowest Responsive Bidder: The responsive bidder whose bid reflects the lowest acquisition price to be paid by the College that meets the requirements as set out in the bid specifications. With respect to Requests for Proposals (RFP), the results of any comparative performance evaluation and the relative score of valued specifications are weighed in determining the lowest responsive bidder. In an RFP, numerous factors are considered when determining the lowest responsive bidder. With respect to an ITB, the responsive bidder whose bid reflects the lowest price that meets the bid specifications is considered the lowest responsive bidder. In an ITB, price is the determining factor.

Professional Services: Work provided by an independent contractor whose occupation is the rendering of such services and who has professional knowledge of some department of learning or science used by its practical application to the affairs of others or in the practice of an art founded on it, including but not limited to accounting and auditing, legal, medical, nursing, education, actuarial, veterinarian, information technology, and research. The knowledge is founded upon prolonged and specialized intellectual training that enables a particular service to be rendered. The word “professional” implies professed attainments in special knowledge as distinguished from mere skills.

Public Notice: The distribution or dissemination of information regarding a purchase to interested parties using methods that are reasonably available. Such methods will often include publication in newspapers of general circulation, electronic or paper mailing lists, and web site(s) designated by CWI and maintained for that purpose.

Request for lnformation (RFI): A procurement process used to gather responses to “educate” and provide how a Contractor might solve a problem or fill a need. The information obtained may be used to develop specifications or a scope of services for a future solicitation as well as to determine a project budget. A RFI is not a bid process and no contract can be awarded based from an RFI.

Request for Proposal (RFP): The sealed‐bid procurement procedure by which CWI advises potential Contractors of goods or services required by the College. The RFP document describes the bidding process, contract terms, and provides guidance on how to respond.

Request for Qualifications (RFQ): A procurement process used to “qualify” Contractors by allowing Contractors to show their credentials and work history. It creates a pool of Contractors eligible to submit a bid to do the work.

Sole Source Purchase: Where only one Contractor has been determined to be reasonably available for the services or personal property to be acquired that purchase is exempt from procedures under this policy. A finding that a purchase qualifies a sole source purchase must be made by the CWI Board of Trustees. There being “only one Contractor” refers to situations identified in Idaho Code § 67-2808.

Statewide Contract: A contract awarded by the State of Idaho through its Division of Purchasing and its Division of Public Works to one or more Contractors which have agreed to allow agencies and political subdivisions to procure specified property under the terms and conditions set forth in the contract.

Policy

Efficient and cost‐effective procurement of goods and services is an important aspect of local government operations. CWI endeavors to buy goods and services pursuant to a publicly accountable process that respects the shared goals of economy and quality. All purchases will be made within the terms of the adopted budget. Administrators and professional support staff who administer budgets within their Administrative Unit are responsible and will be accountable to the College to ensure that purchases are made within budget and in compliance with CWI policy and procedures. This policy and its procedures define the roles and responsibilities of the Administrative Units and the Business Office as they apply to the procurement of goods and services by CWI. CWI is a political subdivision of the state and is subject to certain state laws regarding process of purchasing of certain goods and services. It is the responsibility of all CWI employees to be aware and follow the processes required under Idaho law.

Regulations

Idaho Code § 54‐1903 Public Works Contractor Exemptions

Idaho Code § 59‐1026 Willful And Knowing Avoidance Of Competitive Bidding And Procurement Statutes

Idaho Code § 67‐2319 Purchasing Products Of Rehabilitation Facilities

Idaho Code §§ 67‐2801 et seq. Purchasing by Political Subdivisions

Idaho Code §§ 67‐9201 et seq. State Procurement Act

Idaho Code §§ 67-2320, Professional Service Contracts with Design Professionals, Construction Managers and Land Surveyors

Federal Uniform Grant Guidance

Guidelines

For audit purposes, purchases made prior to the latest revision of this policy are subject to that version of this policy in effect at the time the purchase process was initiated. Purchases made after the latest revision date of this policy are subject to this policy as amended.

Preliminary Authorization

Prior to making a purchase, the appropriate Administrative Unit Manager should authorize the purchase. This should include verifying that there is adequate budget for the purchase and that the appropriate General Ledger (GL) code is used for the purchase. If a contract is involved in the purchase, contract review and signatures should occur in conjunction with the submittal of a purchase order and in compliance with ADMIN 000 - Contract Administration and Management Policy. Purchase authorizations require specific authorizations depending on the amount. Information on current threshold amounts can be found on the internal Business Office website.

Preliminary Cost Analysis

The value of the purchase will determine the process by which the procurement is reviewed and executed. Value is determined based on the cumulative total dollar value of the contract over the entire term of the contract (including optional renewal terms). Prior to making a purchase, the Administrative Unit Manager should research the goods or services to determine the cost range of the procurement. Pursuant to CWI policy and state guidelines for procurement, purchases are divided into categories, further described below, that are often based on dollar amount thresholds as follows:

A. PURCHASES UNDER $2,000 (PAYMENT REQUEST OR P-CARD);

B. PURCHASES VALUED FROM $2,000 LESS THAN $75,000;

C. INFORMAL BID REQUEST: PURCHASES OR LEASES OF PERSONAL PROPERTY OR SERVICES VALUED FROM $75,000 LESS THAN $150,000;

D. FORMAL BID REQUEST: PURCHASES OR LEASES OF PERSONAL PROPERTY OR SERVICES VALUED IN EXCESS OF $150,000;

E. PROCURMENT OF PUBLIC WORKS CONSTRUCTION;

F. EXCLUSIONS OF CERTAIN PURCHASES FROM PROCUREMENT REQUIREMENTS;

G. ADDITIONAL CONTRACTOR CONSIDERATIONS;

I. SPECIAL PURCHASING SITUATIONS.

Purchases made with federal funds will need to follow the requirements noted in the Grants Federal Monies section below.

A. PURCHASES LESS THAN $2,000 (PAYMENT REQUEST OR P-CARD)

Purchases valued less than $2,000 may be processed through a Payment Request or by use of a Purchasing Card (P‐card). The Payment Request form and directions can be found on the College’s internal Business Office website under Payables & Purchasing. The original receipt or invoice should be attached to the Payment Request form. The completed form along with original invoice or receipts should be turned into Accounts Payable.

The P‐Card Program is designed to establish a more efficient, cost‐effective method of purchasing and paying for approved small‐dollar transactions. The program is designed to reduce the paperwork of check requests and expense reimbursements and reduce the use of petty cash. A P‐card can be used at any merchant that accepts Visa. It may be used for in‐store purchases as well as phone, on‐line, or mail orders. CWI Cardholders are assigned by the Administrative Unit heads. If an employee is issued a P‐card, it is necessary for them to review and understand CWI’s P‐ card policy (ADMIN 170 - Purchasing Card Policy).

B. PURCHASES VALUED FROM $2,000 LESS THAN $75,000

All Purchases valued from $2,000 less than $75,000 require a purchase order and may require a contract with additional terms and conditions. All Purchase Order Requests for any amount from $2,000 and over must be submitted through CWI’s current E-Procurement system (ESM). Paperwork required may differ depending on the value/cost of the purchase. All Purchase Order Requests must be signed in compliance with the College’s policies and procedures. Only one quote is required; however, any such purchase should be guided by the best interests of CWI. The CWI Business Office has the authority to review, approve, or reject these purchases to ensure such purchases are guided by the best interests of CWI. Review by the Contracts Group and the Office of General Counsel (OGC) may be required pursuant to CWI policy depending on the nature and subject matter of the purchase.

C. INFORMAL BID REQUEST: PURCHASES OR LEASES OF PERSONAL PROPERTY OR SERVICES VALUED OR LEASED VALUED FROM $75,000 LESS THAN $150,000

Purchases or leases of personal property or services valued from $75,000 less than $150,000 require the solicitation of at least three bids or another valid procurement method, except for those purchases exempted under Section F of this policy.

A Bid Request should include the following:

A clear description of the purchase to be made so that a Contractor dealing in such goods or services can understand what is to be procured;
Bid specifications which shall be identical for each Contractor;
A description of the response method, including time, date and the individual at CWI to whom the response should be directed. An individual within an Administrative Unit or the Contracts Group may act as the authorized official to receive bids. Bid responses can be received by electronic or physical form.

If the Administrative Unit seeking to the make the purchase fails to use the Bid Request Form located on the College’s internal Business Office website under Contracts & Procurement, the foregoing information must nonetheless be included in all written solicitations of bids, whether that is supplied through electronic or physical delivery.

The bid request must provide at least three working days for the bid response. The Administrative Unit Manager can request compliance review by the Contracts Group prior to submitting a bid request to the public.

The Contractor response should:

Be in writing on the Contractor’s letterhead or with logo.
List the Contractor’s company/business name, address, phone number and contact name.
Respond to the bid request as to price, quality, quantity, and/or service capabilities.

Questions from a Contractor should be:

In writing; and
Received no later than one day prior to the due date of the bid deadline.

A response from a bidder that it cannot meet the requirements of the bid request is a valid reason and may be considered as one of the three bids. No response from a bidder can be considered a response after it is documented that multiple attempts were made to obtain a response from the bidder. Administrative Units cannot circumvent procedures by purposely requesting bids from unqualified Contractors.

Once bids are received, they should be compiled and reviewed by the Administrative Unit Manager overseeing the purchase. The submitted bids will then be reviewed by the Business Office as governing board’s authorized official which shall approve the responsive bid proposing the lowest procurement price or reject all bids and publish notice for bids, as before. This decision shall be made in consultation with the Administrative Unit Manager.

Failure to Obtain Three Bids:

If CWI finds that it is impractical or impossible to obtain three bids for the proposed procurement, CWI may make the purchase in any manner it deems best from a qualified Contractor quoting the lowest prices. When fewer than three bids are considered, a description of the efforts undertaken to secure at least three bids shall be documented by CWI. Such documentation shall be maintained for at least six (6) months after any such procurement is made. If two (2) or more bids are the same and the lowest responsive bids, the authorized decision maker may accept the one (1) it chooses.

INFORMAL BID REQUEST INFORMATION GATHERING TOOLS

Administrative Units can gather information from the internet, Contractors, white papers, etc. when developing bid specifications. Administrative Units should provide enough detail in the specifications to receive several bids for the goods and services requested.

D. FORMAL BID REQUEST: PURCHASES OR LEASES OF PERSONAL PROPERTY OR SERVICES VALUED IN EXCESS OF $150,000

Administrative Units must work with the Contracts Group on all Formal Bid Requests.

Contractors may obtain copies of Formal Bid documents from the CWI website and/or a copy can be requested from the Contracts Group.

When an expenditure is contemplated to purchase or lease personal property or to procure services that may be in excess of $150,000, the expenditure must be made pursuant to an open competitive sealed bid process (Invitation to Bid (ITB) or a Request for Proposal (RFP)) except that personal property or services excluded pursuant to Idaho Code § 67-2803. The following section outlines the process of procurement using an ITB or an RFP. Generally, an ITB will be awarded to the bidder offering the lowest price.

A Request for Information (RFI) and a Request for Qualifications (RFQ) are not considered to be part of the procurement process, but either can be used along with an ITB or RFP to assist in the processes.

1. OPEN COMPETITIVE SEALED BID PROCESS (INVITATION TO BID)

If CWI chooses to use an ITB the following process must be followed:

1. The purchase shall be made from the qualified bidder submitting the lowest bid price complying with the bidding procedures and meeting the specifications for the goods or services sought to be procured;

2. The request for bids shall set a date and time for the submission of bids. CWI will consider only those bids which have been timely received;

3. Two (2) notices soliciting bids shall be published in the official newspaper of the political subdivision. The first notice shall be published at least two (2) weeks before the date for opening bids, with the second notice to be published in the succeeding week at least seven (7) days before the date that bids are scheduled to be opened. The notice shall succinctly describe the personal property and/or service to be procured. Copies of specifications, bid forms, bidder’s instructions, contract documents, and general and special instructions shall be made available upon request by any interested bidder.

4. Written objections to specifications or bidding procedures must be received by the Contracts Group, as the authorized official of the political subdivision at least three (3) business days before the date and time upon which bids are scheduled to be opened;

5. CWI may require bidders to prove bid security in an amount equal to at least 5% of the amount bid; if the successful bidder fails to execute the contract, the amount of the bidder’s security may be forfeited to CWI at the discretion of the Board of Trustees and deposited in a designated fund out of which the reasonable expenses for procuring substitute performance are paid;

6. Any bid received by CWI may not be withdrawn after the time set in the notice for opening of bids. When sealed bids have been received, they shall be opened in public at a designated place and time and thereafter compiled and submitted to the Contracts Group, as the authorized designee of the CWI Board of Trustees, to approve the award of the lowest bid.

7. The Contract Group will award the contract to the lowest bidder. Approval and awarding of a bid is not equivalent to the acceptance of an offer or the formation of a contract. CWI and successful bidder will operate in good faith to execute a contract, but there is no guarantee that a contract will be formed.

8. The Contracts Group may, on the refusal or failure of the successful bidder to execute the contract, award the contract to the next lowest qualified bidder.

9. Alternatively, in the refusal of or failure of the successful bidder to execute the contract, the CWI Board of Trustees may award the bid to the next lowest qualified bidder, and the amount of the lowest qualified bidder’s security may be applied by CWI to the difference between the lowest responsive bid and the next lowest responsive bid, and the surplus, if any, shall be returned to the lowest bidder or, if applicable, to its surety, less reasonable administrative costs not to exceed 25% of the amount of the bidder’s security;

10. Awarding Agreement to a Bidder Other than Lowest Qualified Bidder. Only the CWI Board of Trustees may choose to award a competitively bid contract to a bidder other than the apparent low bidder. To award a contract to a bidder other than the apparent low bidder, the CWI Board of Trustees shall declare its reason(s) for doing so on the record and then shall communicate such reason(s) in writing to all who have submitted a competing bid. Previous bidders may contest the decision of the CWI Board of Trustees (See Section J: Contesting Decision of Board of Trustees). (See Idaho Code § 67-2806(2)(1)).

11. Rejection of Bids and Use of Open Market for Procurement: The Contracts Group, after compiling all qualified bids, may choose to reject all bids presented and re-bid the procurement proposal. Alternately, after finding it to be a fact that the goods or services can be acquired more economically on the open market, the CWI Board of Trustees may pass a resolution declaring that the subject goods or services can be procured more economically on the open market. (See Idaho Code § 67-2806(2)(h)).

12. Where Two Equivalent Bids are Received: If two or more bids are the same and the lowest responsive bids, the Contracts Group may accept the one it chooses.

13. Purchase Public Auctions: In its discretion, the CWI Board of Trustees may preauthorize the purchase of equipment at a public auction, which is excepted from the requirements of this section.

14. Once the qualified bidder submitting the lowest bid price has been determined, a notice of intent to award the bid shall be sent to all bidders, stating the date and time a bidder may file a protest of the bid award.

2. REQUEST FOR PROPOSAL

CWI may utilize a RFP process as an alternative to an ITB when CWI contemplates a procurement for goods or services for which:

Fixed specifications might preclude the discovery of a cost-effective solution;
A specific problem is amenable to several solutions; or
Price is not the sole determining factor for selection.

In the RFP process, the award is not based solely on the price of a service or product. Bids are scored on factors determined to be salient in the purchase of a particular good or service.

Factors that may be considered in the evaluation of Contractors in a RFP process include but are not limited to:

An innovative solution that is offered;
Unique product features;
Price;
Contractor experience in the market;
Financial stability of a Contractor;
Differences among Contractors in their ability to perform contract requirements in a timely or efficient manner;
Ability to meet product specifications;
Product quality;
Product performance records;
Past performance by a Contractor;
Future product maintenance or service requirements;
Product warranties; and
Other factors that may also be considered as overseen by the Contracts Group.

RFP must contain the following:

Instructions for the RFP process, including timeline and submittal process;
Scope of work for the goods or services contemplated;
Selection criteria for good and services contemplated;
Required contract terms; and
Scoring methodology applying relative weights to factors considered.

The RFP must provide clear specifications and details of the goods or services requested for purchase. Qualifying factors such as, but not limited to, location, standards, licensing, references, finances, and ability of Contractor to complete the contract can be included in the RFP as selection criteria.

Weighted Value Scoring: A weighted value method will be used to evaluate RFPs. Details of the value and points awarded per category will be included in all RFPs so that Contractors can see how their responses will be rated. An evaluation committee comprised of a minimum of three evaluators with varying skill sets relevant to the RFP will review and evaluate proposals received by CWI in response to a specific RFP. A member of the Contracts Group shall sit on each evaluation committee to proctor and document the evaluation process. The Contracts Group member is a non-voting member of the evaluation team.

Notification, solicitation, and consideration of contests concerning the award of procurement pursuant to a RFP shall be in accordance with the minimum requirements established Idaho Code § 67-2806, subject to the selection criteria established at the outset of each such procurement. Records compiled in the scoring process shall be made available for public inspection when a procurement recommendation is made.

Records compiled in the scoring process shall be made available for public inspection when a procurement recommendation is made to the governing board.

FORMAL BID REQUEST INFORMATION GATHERING TOOLS

Administrative Units must work with the Contracts Group on all Formal Bid Requests including use of information gathering tools.

There are two types of information gathering tools for Formal Bid Requests: (1) a Request for Information (RFI); and (2) a Request for Qualifications (RFQ). Either bid tool may be used to gather information. The RFI and the RFQ are not considered to be a determining process, but or an ITB or RFP. Both the RFI and RFQ require a publication of a legal notice and submission of proposals.

1. REQUEST FOR INFORMATION

An RFI is used to gather information from Contractors who provide goods and services. RFI responses “educate” and provide how a Contractor might solve a problem or fill a need. RFI responses may include a Contractor’s pricing structure, features, and its approach to implementation. Information obtained through such a solicitation may be used to develop specifications or a scope of services for a future solicitation. A RFI is not a bid process and no award can be made from a RFI.

2. REQUEST FOR QUALIFICATIONS

A RFQ is used to gather information from Contractors who provide goods or services. RFQ responses “qualify” Contractors by allowing Contractors to show their credentials and work history.

E. PROCUREMENT OF PUBLIC WORKS CONSTRUCTION

Guidelines for the procurement of public works construction are set forth in ADMIN 190 - Procurement of Public Works Construction. Public works construction includes (i) projects for new building, alteration, repair, demolition or improvement of any land, building or structure including utilities, or the remodeling or renovation of existing buildings or other physical facilities to meet standards required by applicable codes, to correct conditions hazardous to health and safety of persons which are not covered by codes, or to affect a permanent improvement to a facility for any reason including aesthetics or appearance; (ii) permanent improvements to real property; (iii) the purchase and installation of fixed equipment necessary for the operation of new, remodeled, or renovated buildings; (iv) the purchase of architectural, engineering, landscape architecture, construction management or land surveying services to prepare plans, program documents, life cycle cost studies, energy analysis, and other studies associated with any new building, alteration, repair, demolition or improvement, and to supervise the construction or execution of such projects; (iv) heavy construction as defined by statute; (v) building construction which is defined as all work in connection with any structure now built, being built or thereafter built for the support, shelter and enclosure of persons, chattels, personal and movable property of any kind, requiring in its construction the use of more than two unrelated building trades or crafts; or (vi) specialty construction which is defined as any work in connection with any public works construction requiring special skill and the use of specialty skilled trades or crafts.

F. EXCLUSIONS OF CERTAIN PURCHASES FROM PROCUREMENT REQUIREMENTS

These exclusions are for procurements subject to this policy. (See Idaho Code § 67-2803)

Procurement requirements otherwise required by law and this policy shall not be applicable to: The acquisition of personal property when the procurement duplicates the price and substance of a contract for like goods or services that has been competitively bid by the State of Idaho, one of its political subdivisions, or an agency of the federal government (see Special Purchasing Situations below for additional information);
Contracts or purchases wherein expenditures are less than $75,000, provided such contracts or purchase shall be guided by the best interests of CWI;
Disbursement of wages or compensation to any employee, official, or agency of CWI for the performance of personal services;
Procurement of personal or Professional Services to be performed by an independent contractor (see Special Purchasing Situations below for additional information);
Procurement of an interest in real property;
Procurement of insurance;
Costs of participation in a joint powers agreement with other units of government;
Procurement of used personal property;
Procurement from federal government general services administration (GSA) schedules or federal multiple award schedules (MAS);
Procurement of personal property or services through contracts entered into by the Division of Purchasing of the Department of Administration of the State of Idaho (see Special Purchasing Situations below for additional information);
Procurement of goods for direct resale;
Procurement of travel and training;
Procurement of goods and services from Idaho correctional industries (see Special Purchasing Situations below for additional information);
Procurement of repair for heavy equipment;
Procurement of software maintenance, support, and licenses of an existing system/platform which was bid in compliance with state law;
Procurement of public utilities; and
Procurement of used equipment at an auction if authorized by the Board of Trustees.

G. ADDITIONAL CONTRACTOR CONSIDERATIONS

To the extent permitted by law, CWI shall solicit quotes, bids, and requests for proposals from and shall give preference to Idaho domiciled Contractors. A Contractor is considered “domiciled” in the State of Idaho if it has maintained a staffed office, sales office, sales outlet, manufacturing facility, or warehouse in the State of Idaho for at least one (1) year and, if a corporation, is registered and licensed to do business in the State of Idaho with the Office of the Secretary of State.

H. CONTEST PROCEDURES

Objections to Specifications and Bidding Procedures

For purchases valued from $75,000 less than $150,000, objections to specifications and/or a bidding procedure from a bidder must be submitted in writing to the Contracts Group at least one (1) business day before the date and time upon which bids are scheduled to be received. For purchases valued in excess of $150,000, objections to specifications and/or a bidding procedure from a bidder must be submitted in writing to the Contracts Group at least three (3) business days before the date and time upon which bids are scheduled to be opened. The objection must state the nature of the objection and the exact clause or portion in the bid scope/specifications or bidding procedure being challenged. Within three (3) working days of receipt of the objection, the Contracts Group, in consultation with the applicable Administrative Unit, shall review the objection, the procurement process and applicable law, and will respond as follows:

Deny the objection;
Amend the specifications/scope or bidding procedure; or
If applicable, issue a new solicitation.

In the event of the denial of an objection, the Contracts Group will send notice to the Contractor that submitted the objection stating the reason(s) why the objection was denied.

Objections to Award

For purchases valued in excess of $150,000, in the event the Board of Trustees chooses to award a competitively bid contract to a bidder other than the apparent low bidder, a participating bidder may object to the award by submitting its objections to the Contracts Group in writing within seven (7) calendar days of the date of transmittal of the award notice. The objection must set forth the reason(s) that the award decision is in error. Performance of any procurement will be stayed until after the bidder’s objection is addressed. The Board of Trustees will review its decision and determine whether to affirm its prior award, modify the award, or choose to re-bid, setting forth its reason(s) therefore. After completion of the review process, CWI may proceed as it deems to be in the public interest.

Notices

Notices required herein should be addressed as follows:

College of Western Idaho
Attn. Contracts Group (NOTICE)
MS 1000, P.O. Box 3010
Nampa, ID 83653

I. SPECIAL PURCHASING situations

Emergency Expenditures

The Board of Trustees may declare than an emergency exists and that the public interest and necessity demand the immediate expenditure of public money if: (i) there is a great public calamity such as an extraordinary fire, flood, storm, epidemic or other disaster; (ii) it is necessary to do emergency work to prepare for the national or local defense; or (iii) it is necessary to do emergency work to safeguard life, health, or property. Upon the declaration of an emergency by the Board of Trustees, CWI may expend any sum required for the emergency expenditure without compliance with formal bidding procedures. A memorandum documenting the emergency expenditure and approved minutes of the Board of Trustees documenting the declaration of emergency should be provided to the Contracts Group with invoices for the emergency goods or services purchased.

Sole Source Purchases

The Board of Trustees may authorize an expenditure without compliance with formal bidding requirements, regardless of the contract amount, if there is only one Contractor for the services or personal property to be acquired. This is generally referred to as a sole source expenditure. “Only one Contractor” shall refer to situations where there is only one source reasonably available and includes, but is not limited to the following situations:

Where public works construction, services, or personal property is required to respond to a life threatening situation or a situation which is immediately detrimental to the public welfare or property;
Where the compatibility of equipment, components, accessories, computer software, replacement parts, or service is the paramount consideration;
Where a sole source supplier’s item is needed for trial use or testing;
The purchase of mass‐produced movies, videos, books, or other copyrighted materials;
The purchase of public works construction, services, or personal property for which it is determined there is no functional equivalent;
The purchase of public utility services;
The purchase of products, merchandise, or trademarked goods for resale at a political subdivision facility; or
Where competitive solicitation is impractical, disadvantageous, or unreasonable under the circumstances.

If a proposed purchase meets the dollar threshold for formal bidding requirements, but the Administrative Unit believes the purchase is exempt from bidding because only one source is available, the Administrative Unit should submit a sole source approval request to the Contracts Group. If the Contracts Group, in consultation with the OGC, determines that the purchase falls within the definition of a sole source expenditure, OGC will present the expenditure to the Board of Trustees for a declaration in a public meeting of the purchase as a sole source expenditure. Upon such a declaration, unless the purchase is required for a life threatening situation or a situation that is immediately detrimental to the public welfare or property, notice of the sole source purchase must be published in the official newspaper of CWI (the Idaho Press) at least fourteen (14) calendar days prior to the award of the contract. A Purchase Order or contract cannot be issued until the fourteen-day period has expired.

A sole source declaration by the Board of Trustees is valid only for the purchase to which it pertains. Any subsequent purchase that meets the criteria for sole source procurement in succeeding fiscal years will need a new sole source declaration by the Board of Trustees. Further, as a sound business practice, multi-year sole source expenditures should be reviewed no less often than every three (3) years to determine whether the expenditure still meets the criteria for a sole source declaration.

Grants: Federal Monies

Administrative Units must contact CWI’s Grants Group for guidance prior to expending federal grant money for procurement purposes. Federal uniform administrative guidelines apply to expenditures of monies received through federal grants, whether those monies come directly from a federal agency or through an intermediary, known as a “pass‐through entity”. Funds received from an intermediary are often referred to as “flow through funds”. Depending on the federal agency that provides the grant money, other restrictions may apply. Further, the dollar thresholds which dictate what procurement process is required may differ from non-grant related purchases. Compliance with federal guidelines and applicable restrictions is mandatory.

Information and guidelines for grants, including purchases with grant funds, are found in CWI’s grants policy (ADMIN 040 - Federal, State & Local Government Grants) and its Grants Management Manual (located on CWI’s internal Business Office website under Grants). For procurement with federal funds, compliance with the Uniform Grant Guidance is mandatory. Information and rules for grants, including purchasing with grant funds, are found in CWI’s grants policy noted above.

Grants/Sponsored Projects: Non-Federal Monies

Administrative Units must contact CWI’s Grants Group for guidance prior to expending non-federal grant money.

Non‐Profit Organizations/Correctional Industries

Purchases of goods and services from Idaho correctional industries and from non‐profit corporations and public agencies operating rehabilitation facilities for people with disabilities or disadvantaged individuals are exempt from competitive solicitation requirements. The product or service provided by the non‐profit or public agency must be offered at fair market price which should be confirmed by estimates of current pricing.

Statewide Contracts

CWI may purchase goods or services at the same contract prices and under the same terms and conditions available to the State of Idaho. If a Contractor is included on the State purchasing list, the contract has already been awarded through an appropriate bid process and no further bids are required. Accordingly, Administrative Units, in consultation with the Contracts Group, should review the State purchasing list to determine whether a purchase may be made pursuant to a statewide contract. To the extent applicable, the Administrative Unit should note that the contract is a statewide contract on its purchase order request and include the state purchase order number or statewide contract number in any requisite documentation.

Cooperative Purchasing Agreements

With the approval of the Board of Trustees, CWI may (i) participate in cooperative purchasing agreements with the State of Idaho, other Idaho political subdivisions, other government entities or associations; and (ii) participate in cooperative purchasing programs established by any association that offers its goods or services as a result of competitive solicitation processes. Goods or services procured by participation in any such cooperative agreements or programs shall be deemed to have been acquired in accordance with the formal bidding requirements provided by law. A list of cooperative purchasing programs approved by the Board of Trustees is maintained by the Contracts Group.

Professional Services

CWI may enter into professional service contracts without complying with formal bidding procedures, except for contracts regarding Engineering, Architectural, Landscape and Construction Management for greater than $50,000 (See Idaho Code §§ 67-2320 Professional Service Contracts with Design Professionals, Construction Managers and Land Surveyors). Guidelines for the selection of professional engineering, architectural, landscape architecture, construction management and professional land surveying services are set forth in ADMIN 190 – Procurement of Public Works Construction.

All professional service contracts that are excluded from formal bidding procedures (which does not include professional service contracts governed by Idaho Code §§ 67-2320) in excess of $100,000 must be presented to and voted on by CWI’s President’s Council prior to the contract being executed by the parties.

J. ETHICS

Conflicts of Interest: CWI employees must refrain from engaging in unethical practices in the performance of their duties related to the award and administration of contracts. Employees shall not participate in the selection, award, or administration of a contract if a real or apparent conflict of interest would be created. For additional information regarding conflicts of interest, employees should review CWI’s conflict of interest policy, HR 270 – Conflict of Interest, Non Grant-Related Policy located on CWI’s website under Policies and Procedures Manual. Further, the Ethics in Government Act of 2015, found at Idaho Code §§ 74-7401 et. seq, and the Bribery and Corruption Act found at Idaho Code §§ 18-1301 et. seq are fully applicable. Questions regarding ethics in government or conflicts of interest should be directed to Risk Management.

Contractor Influence

No Contractor or related party, or a subsidiary or affiliate of a Contractor may submit a bid to obtain a contract to provide goods or services to CWI if the Contractor, or related party, Contractor subsidiary or affiliate assisted CWI in the solicitation bid process for the project. A Contractor that assists CWI in the development of procurement specifications, scope of work or related solicitation documents, whether paid for its services or not, cannot submit a bid, proposal, or quote on the project it helped develop nor can the Contractor partner with another Contractor to circumvent this policy.

Influencing/Conspiring to Influence

No employee of CWI shall influence or attempt to influence the award of a contract to a particular Contractor or to deprive or attempt to deprive any Contractor of a contract.

Willfully or Knowingly Avoiding Competitive Bidding and Procurement Statutes

It is a violation of this policy and may be a violation of state law for a CWI employee to willfully or knowingly avoid compliance with procurement or competitive bidding statutes or to willfully or knowingly split or separate purchases with the intent of avoiding compliance with any such policies or statutes. A critical factor in evaluating possible bid splitting situations is the original intent of the purchase and whether all goods or services required to complete the project were taken into consideration when the purchase was made. If a reasonable person, acting under similar circumstances, would have been able to foresee the need for additional goods or services, the additional procurement for the project may very likely present a case of intentional bid splitting. (See Idaho Code § 59‐1026 Willful And Knowing Avoidance Of Competitive Bidding And Procurement Statutes).

Gifts/Gratuities

Employees are prohibited from accepting or soliciting money, gifts, or other benefits from a Contractor in exchange for a favorable decision or recommendation on behalf of the Contractor. In addition, under Idaho Code § 18-1359(1)(b), trivial gifts or benefits, which do not exceed $50.00 in value, are not prohibited if they are incidental to personal, professional, or business contacts and do not affect official impartiality.

K. VIOLATIONS OF POLICY

Employees violating any of the provisions of this policy or applicable law may be subject to disciplinary action up to and including termination.

Referenced

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