Purchasing Rules & Regulations Overview of UO Purchasing & Contracting Rules, Regulations and Policies Presented by: Allie O’Connor & Catherine Susman

Purchasing Rules & Regulations This training is required to obtain and exercise Level 1 and Level 2 Contracting Authority

UO Purchasing & Contracting Policy Based on Oregon Administrative Rules (“OAR”) 580-060, 061, and 062 (now UO Policy 580-060, 061, and 062) Changes Governance Transition occurred on July 1, 2014 Uniform Guidance Procurement Standards adopted by UO Board June 18, 2015 Per Policy requirements, you must use PCS Approved Forms for contracting activities All Forms were updated as part of the Governance Transition – please go to PCS’ Website to obtain latest copies of forms.

Fundamental Concepts UO Policy 580-061-0000 – UO Code of Ethics Annual Statement –required UO Procurement Evaluation Declaration Participation in Competitive Procurement Conflicts of Interest and Ethical Considerations Family Members UO Employees & Former Employees Gifts from Vendors

UO Code of Ethics Found in UO Policy Library: http://policies.uoregon.edu/vol-4-finance-administration-infrastructure/ch-9-purchasing-contracting/procurement-and-contracting

UO Procurement Evaluation Declaration of No Conflict of Interest

Conflicts of Interest ORS 244.040(1) – Prohibits an UO employee from using employee’s position to obtain personal financial gain for the employee or a relative if the personal financial gain would not otherwise be available for UO employee’s position. ORS 244.120 – Concerns handling actual and potential conflicts of interest. An “actual conflict of interest” means any action, decision, or recommendation by an UO employee while acting in the capacity as an UO employee which would be to the private pecuniary benefit of that employee or that employee’s relative. A “potential conflict of interest” means any action, decision, or recommendation by an UO employee while acting in the capacity as an UO employee which could be to the private pecuniary benefit of that employee or that employee’s relative.

Family Relationships and Employment UO Policy OAR 580-22-0055(2) – No academic staff member, without permission of the immediate supervisor, shall participate in employment decisions, supervision or grievance adjustment concerning or involving the staff member’s spouse, child or stepchild. UO Policy – No members of the faculty or administration shall participate in making recommendations or decisions involving employment, compensation, promotion, leave of absence, grievance adjustment, termination, or in the supervision of their relatives without prior permission of their immediate supervisor.

Ethics Rules Possible to violate the law not just by receiving something of financial value but also by giving or providing something of financial value to a public official. The civil penalties for non-compliance are substantial, and the individual is personally liable for such penalties.

Gifts During a calendar year, a University employee or a relative or member of the household of the employee may not solicit or receive, directly or indirectly, any gift or gifts with an aggregate value in excess of $50 from any single source that could reasonably be known to have legislative or administrative interest in the University.

Activity 1 Class Materials Purchase Department X is purchasing curriculum materials required for a specific class at value of $500. The vendor set-up process reveals that the owner of the company is a current UO employee. Can UO purchase from this vendor? Would the result be different if this vendor was also teaching a workshop?

Fraud Triangle

Factors Contributing to Fraud Opportunity Lack of internal controls Override of existing controls Lack of management review

Internal Controls More than one person involved in purchase transaction Determine applicable policies & procedures Consult staff/campus for advice Collect maintain documentation Staff Training

Importance of Management Review Perception of detection is directly correlated to the occurrence of occupational fraud. Management plays a key role in the perception level of any operation they are over.

Segregation of Duties Department Purchasing Profile Examples of Duties: Commit Funds Approve Purchases Receive Goods/Services Process Invoice Payment Approve Invoices Management Review

Authorities vs. Contracting Authority Authority to Commit Department Funds (to allow use of budget funds) vs. Contracting Authority (enter into a written or oral contract)

Authority to Commit Departmental Funds Authority to internally allow use of department funds (i.e. who allows the purchase within your department – not who actually makes the purchase.)

Authority to Commit Departmental Funds, Cont. Authority designated from Budget Authority (Dean, Director or Department Head) Part of Internal Controls No PCS required training NOT contracting authority or authority to enter into a contract.

Authority to Commit Departmental Funds, Cont. Examples of Authority to Commit Funds Department director approves a staff member to spend $1,500 in dept funds for the purchase a laptop computer Department director approves a staff member to submit a hotel agreement for the department’s upcoming seminar to PCS for processing and approval

Designation to Commit Funds Authorities Designation to Commit Funds Budget Authority Department Staff

Contracting Authority Authority to enter into an oral or written contract on behalf of UO

Contracting Authority, cont. Examples of Contracts Proposals/Quotes/Estimates/Letter Agreements submitted to UO by a contractor for official acceptance Contracts/Agreements/MOU Purchase Orders Personal Services Agreements (PSC) Phone & Internet Orders

Authorities UO Contract Officers Chain of Delegation University Board UO Contracting Authority Delegated to Contract Officers by UO’s VP of Finance and Administration August 30, 2012 Memorandum regarding Delegation of Signature Authority (still effective) https://pcs.uoregon.edu/content/commitment-funds-and-delegated-signature-authority

Authorities Level 1 and Level 2 Contracting Authority Delegated by PCS Director Level 1 Contracting Authority (L1CA) Less than or equal to $5,000 Purchase Order, Direct Billing Invoice Must use Approved PO Form Level 2 Contracting Authority (L2CA) Less than or equal to $25,000 Approved PCS level 2 contract forms Delegated Department Personnel Delegated Department Personnel Delegated Department Personnel

UO Department Approval Authorization Obtain by completing the Department Approval Authorization Form Available online at: https://casitweb.uoregon.edu/pcsforms/

Basic Contract Principles Dollar Value of Contract Calculated based on the entire procurement/project (include all phases). Best Value Allows consideration of factors other than price in making a purchasing decision.

What Dollar Level Requires a Written Contract? Personal Services – ANY $ amount Personal Services are services requiring specialized skills, knowledge, and resources. Examples include: physician, consultant, artist, etc. Personal Services Contract template appropriate Goods and Trade Services - $5,000+ Trade services generally do not require specialized skill and certification. Examples include: janitor, photocopier maintenance, etc. Purchase Order template appropriate

Activity 2 Software Renewal Department X receives a renewal notice and contract amendment from the vendor to renew the software they use for managing their projects. The original purchase was $15,000, the renewal amendment gives them the option to renew for an additional 3 years at $5,000/year. The renewal notice provides the renewal may be completed via signing the amendment or via calling the sales representative with approval of amendment. The Director of Department X tells the Project Manager he approves the 3 year renewal. The Project Manager has Level 2 Contracting Authority.

UO Purchasing & Contracting Responsibilities Programmatic Review Budgetary Review Compliance Review

UO Purchasing & Contracting Responsibilities Programmatic Review Does the purchase have a business purpose that relates to department’s objectives and supports UO’s mission? Review and confirmation is the primary responsibility of Department’s Budget Authority and their designees.

University Purchasing & Contracting Responsibilities Budgetary Review Are funds available for purchase? Budgetary review is the primary responsibility of the Department’s Budget Authority and their designees. Departments must ensure funds are available and properly budgeted prior to making any purchasing commitment.

UO Purchasing & Contracting Responsibilities Compliance Review Proposed purchase or contract meets all applicable laws, regulations, policies, procedural requirements and that the purchase or contract is completed using good business practices. Compliance review and confirmation is a shared responsibility of PCS and a Department’s Budget Authority and their designees.

Contracting with Individuals All individuals must be Independent Contractors. - No UO direction and control - Rarely UO employees (requires PCS review and approval) - External review when services are provided in foreign countries - Must complete Independent Contractor Certification (See Supplement)

Policies Qualified Rehabilitation Facilities (QRF) Minority, Women Owned, Emerging Small Business (MWESB) Printing and Mailing Catering Confidential Recycling Property Control Surplus Property Disposal High Risk Equipment Tracking Public Records

Internal Approvals See Approvals List Sponsored Projects Services (SPS) See Chart for sub-recipient vs. vendor relationship Information Technology (CIO Approval) Business Affairs Office Furniture Purchases Marketing and Brand Management UO General Counsel Review – Only secured by PCS

Activity 3 Temporary Services Department X needs to hire or obtain temporary services for a two week project. Temps, Inc. has a UO contract to provide temporary workers at an hourly rate of $13/hour. Temps-r-Us, Ltd., a Qualified Rehabilitation Facility (QRF), provides temporary workers with hourly rates of $14/hour. Which vendor will Department X need to work with to hire the temporary worker? May Department negotiate a higher hourly rate?

UO Purchasing Methods Invoice – under $5k Direct Billing Account – under $5k Purchase Order – required over $5k UO Custom Contracts UO Contract Forms Vendor Contracts

Procurement Thresholds Direct Procurement ≤ $25,000 Informal Procurement $25,000.01 to $150,000 Formal Procurement $150,000.01 + Alternative Procurement

When Competition is not Required Price Agreements: When competitive requirements have been fulfilled & the contract is open for UO to use. State of Oregon Contracts - ORPIN Other Public Entity Price Agreements Retainer Contracts Cooperative Agreements

When Competition is not Required, Cont. Emergency Contracts Sole Source Special Entity Note: PCS review and approval of ANY Emergency or Sole Source contract is required before proceeding with procurement.

When Competition is not Required, Cont. Exemptions from Competition Department internally reviews and determines if an exemption applies and if using the exemption is in the best interest of the department and UO PCS available for assistance and support PCS review and approval of exemptions required before proceeding with procurement

Activity 4 Computer Purchase Department X is purchasing 20 computers for an estimated value of $1,500 per computer. What considerations or steps need to be taken when proceeding with this procurement.

Activity 5 Subscription Purchase Department X is excited as they are purchasing enterprise-wide software including hiring a consultant to customize, install and deploy the software in the amount of $300,000. The department just learned that there is an exemption from competition for software purchases. What approvals are required to complete the purchase?

Required Records Minimum specifications All award criteria Solicitation documents Documentation of advertisement Vendor communications Vendor quotes Copy of purchase document Documentation of all required approvals Documentation of purchase completion Documentation of purchase payment Notes page to document vendor performance or department satisfaction

Required Records, cont. Individual departments are the department of record for purchasing and contracting transactions UO Archives Record Retention Schedule http://libweb.uoregon.edu/records/schedule/sections.html

Activity 6 Public Records Request 3 year contract for hiring temporary personnel is expiring. A potential vendor has submitted a public records request to the Public Records Office to obtain copies of the documentation for the prior solicitation and all records related to the current contract. The Public Records Office has requested these records. What is your role in responding to the request from the Public Records Office?

Activity 7 Hosting Conference Director of Department X tells his assistant they will be hosting a conference at the Red Lion and lunch will be covered as part of the conference. The Director asks the assistant, who has Level 2 Contracting Authority, to place the reservation and confirm attendance. The Red Lion sends over a letter with the menu and attendance confirmation to be signed.

Activity 8 Consultant Purchase Department X is hiring a consultant to analyze data generated via a campus survey and is funded with grant $’s. The contract should not exceed $25,000 for phase one. The department may have two additional phases. A firm was named in the grant to perform this work. Is competition required? If no, why not? If yes, what type?

Tools & Support Policy Training Templates Written Procedures and Instructions Website Direct assistance from PCS Staff via phone, email and in-person meetings; and Central Emails: contract@uoregon.edu purchaseorder@uoregon.edu pcard@uoregon.edu competitionsupport@uoregon.edu

Questions