Section 3356-3-03 - Purchasing limits for competitive selection(A) Policy statement. In all its business practices, the university will adhere fully to all applicable laws, regulations, and rules of the federal, state of Ohio, and local regulatory bodies. Those conducting business for the university will always seek to protect the interests of the institution and seek to obtain the best value for the institution.(B) Definitions. (1) "Goods" are defined as, but not limited to, equipment, materials, other tangible assets, and insurance, but excluding real property or an interest in real property.(2) "Services" are defined as any deliverable resulting from labor performed specifically for the university, whether from the application of physical or intellectual skills. Services include repair work, consulting, maintenance, data processing, and software design. Services do not include services furnished pursuant to employment agreements.(3) "Professional design services" are defined as, but not limited to, services within the scope of practice of a state-registered architect, registered engineer, registered surveyor, landscape architect and interior designer. See rule 3356-4-07 of the Administrative Code, "Selection of design professionals for university capital projects." (Corresponding university policy 3356-4-07 can be found at: http://cms.ysu.edu/administrative-policies/university-policies.)(C) Parameters. (1) Goods or services shall be obtained through a competitive selection process when an individual transaction/project from a single supplier is fifty thousand dollars or more.(2) Professional design services shall be obtained through a competitive selection process when an individual transaction is fifty thousand dollars or more.(3) A construction/renovation project shall be obtained through a competitive selection process when the construction project cost is two hundred thousand dollars or more.(4) All construction/renovation projects must be coordinated through the university's facilities office.(D) Procedures. (1) For purchases exceeding the dollar thresholds. Appropriate forms of competitive selection include:(a) An invitation to bid ("ITB"). A formal ITB is drafted and sent to prospective bidders and published in appropriate media when seeking to purchase goods.(b) A request for proposal ("RFP"). RFPs are managed and distributed through the university's procurement services office. An RFP is drafted and sent to prospective bidders and published in appropriate media when seeking to purchase goods.(c) A request for qualifications ("RFQ"). With the assistance of procurement services, an RFQ is sent to prospective bidders and may be published in appropriate media when seeking to purchase services. RFQs for professional design services are handled solely through the facilities office.(d) Purchases under an approved competitively awarded governmental or group purchasing agreement, such as state term schedule, general services administration ("GSA") schedule, inter-university council purchasing group, or others, some of which can be found on punch out catalogs on the university's online procurement system (eCUBE).(2) Competitive bid exceptions - the only purchases which may be made without competitive bidding are the following: (a) Maintenance contracts purchased from the manufacturer or authorized dealer/supplier of the specific equipment to be serviced.(b) Software/hardware for system upgrades and ongoing maintenance and support on existing systems already in use.(c) Purchases as defined by the competitive bid waiver process in paregraph (D)(3) of this rule.(3) If the purchase is above the dollar threshold and the nature of the purchase is such that competitive selection would be impractical due to emergency or other special circumstances, the department making the request for a purchase may submit a written request for a waiver of competitive selection. Such requests must include documentation as to why a waiver is warranted and be attached electronically to the requisition being submitted for the purchase. Justification for a waiver may include single source provider, emergency purchase, or economic efficacy and be signed by the appropriate financial manager with signature authority. If the director of procurement services finds that sufficient justification has been presented, he or she may approve the waiver. If the director feels that a bid waiver should be denied, it will be forwarded to the vice president for finance and business operations, or designee, for final approval or denial. If the request is denied, procurement services will initiate a competitive selection process at the request of the user department.
(4) For purchases below the dollar thresholds, competitive selection is not required. However, when opportunities exist for significant cost savings, financial managers are strongly encouraged to use an appropriate form of competitive selection as listed above or obtain three written quotes. Financial managers are encouraged to seek assistance from procurement services to locate sources of supply, including items that can be purchased on an existing contract. The director of procurement services, or designee, reserves the right to require a competitive selection process or three written quotes for purchases under the dollar thresholds when he or she believes that it is in the best interest of the university to do so or when regulations require.(5) Details of procurement procedures may be found on the procurement services website at http://web.ysu.edu/procure.Replaces: 3356-3-03
Ohio Admin. Code 3356-3-03
Effective: 1/20/2017
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 10/15/98, 6/16/03, 7/10/10, 8/21/10, 12/27/12