5.0 PROCUREMENT METHODS
A.
General Solicitation Rules
This section applies to the purchase of goods and services, with some
exceptions. The exclusions listed in section 3.0 B Exclusions are exempted
from this section of the Procurement Rules.
1.
Solicitation Policy
It shall be the policy of the University to purchase goods and services in a
manner that affords vendors a fair and equal opportunity to compete.
Solicitations should only be issued when there is a valid procurement
need. Solicitations should not be issued to obtain estimates or to “test the
water.”
2.
Solicitation Thresholds
i.
Goods or services $4,999 or less
Campus departments have purchasing authority.
ii.
Goods or services $5,000 through $50,000
Purchases are processed at the discretion of the purchasing agent.
Three (3) quotes are required for purchases between $10,000 and
$50,000 and for all purchases made through POs using federal funds.
iii.
Goods or services $50,001 through $150,000
Competition is sought via the document quote process.
iv.
Goods or services $150,001 or greater
Competition is sought via either the invitation for bid or request for
proposal process.
3.
Solicitation Notification
An electronic solicitation notification system is the required method for
advertising competitive solicitations for goods and services made through
documented quotes (“DQ”), invitation for bids (“IFB”) and request for
proposals (“RFP”). Other methods of notification may also be used at the
discretion of the purchasing agent.
4.
Specifications
Purchasing agents shall issue goods or service specifications, which are
not unduly restrictive. Brand name specifications, brand name or equal
specifications, or qualified products lists may be used in competitive
solicitations. Furthermore, brand name specifications shall only be used
in accordance with Section 5.E.1. regarding sole source procurements.
When appropriate, specifications issued and/or used by the federal
government, other public entities or professional organizations may be
referenced by the University. Vendors may be required to certify that
these standardized specifications have been met.
5.
Solicitation Conferences
Solicitation conferences may be conducted to explain procurement
requirements. They shall be announced in the solicitation. The
conference should be held long enough after the solicitation has been
issued to allow vendors to become familiar with the solicitation but with
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adequate time before the solicitation due date to allow vendors time to
consider the conference results in preparing their quotes/bids/proposals.
Nothing stated at the conference shall change the solicitation unless a
change is made by written amendment posted on the electronic
solicitation notification system.
6.
Amendments to Solicitations
Amendments to solicitations shall be identified as such and may require
that the vendors acknowledge receipt of all amendments issued.
Amendments shall be posted on the electronic solicitation notification
system with sufficient time to allow vendors to consider them in preparing
their quotes/bids/proposals. If the due date set will not permit such
preparation, then the Office of Business Operations shall extend it.
7.
Solicitation Receipt, Opening & Recording
a.
Receipt
Each response shall show the date and time of receipt.
Responses to competitive sealed solicitations shall be stored in a
secure place until the due date and time, and shall not be opened
upon receipt, except that unidentified responses may be opened
for identification purposes. Upon verification of a solicitation
response, the response will immediately be resealed and the
reason for opening the response will be noted.
b.
Opening and Recording
The competitive sealed solicitation opening shall be open to the
public. Responses shall be opened, in the presence of one or
more witnesses, as soon as possible after the date and time and
at the place designated in the competitive solicitation.
c.
Confidential Data
Confidential information includes, but is not limited to, trade
secrets, privileged information and confidential commercial and
financial information furnished by the vendor and which may be
withheld from inspection by the University pursuant to the
Colorado Open Records Act, C.R.S. § 24-72-2043 (3) (A)(IV). The
vendor may submit written requests for confidentiality to the
purchasing agent pursuant to the solicitation terms and conditions.
Neither a response in its entirety nor price information will be
considered confidential information.
(i)
The purchasing agent shall determine the validity of any
written requests for confidentiality and shall provide a
written determination of the findings to the vendor.
(ii)
If the purchasing agent and the vendor do not agree upon
the nondisclosure of confidential information, the vendor
may withdraw its response. After award, all responses
shall be open to public inspection with the exception of
confidential information.
d.
Withdrawals of Responses & Mistakes in Responses
(i)
Withdrawal of Responses Prior to the Due Date and Time:
Any response may be withdrawn prior to the specified due
date and time upon written request from the offeror.
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(ii)
Withdrawal of Responses after Due Date and Time but
Prior to Award:
The Assistant Vice President of Business Operations may
allow a response to be withdrawn after the specified due
date and time but prior to the award provided:
(a)
The vendor provides evidentiary proof that clearly
and convincingly demonstrates that a mistake was
made in the costs or other material matter provided;
or
(b)
The mistake is clearly evident on the response; or
(c)
It is found by the Assistant Vice President of
Business Operations unconscionable not to allow
the response to be withdrawn.
(iii)
Mistakes:
(a)
Confirmation of Response
When it appears from a review of the response that
a mistake has been made, the vendor will be asked
to confirm the response. Situations in which
confirmation should be requested include apparent
errors or price unreasonably lower than other
submitted prices. Upon acknowledgment that an
error was made, the vendor may have its response
considered as is or may withdraw its response if the
conditions set forth in this section are met.
(b)
Minor Informalities
Minor informalities are matters of form rather than
substance, are evident from the response or
insignificant mistakes that can be waived or
corrected without prejudice to other vendors; that
is, the effect on price, quantity, quality, delivery or
contractual conditions is negligible. The purchasing
agent may waive such informalities or allow the
vendor to correct them depending on which option
is in the best interest of the University.
(c)
Determinations
Any decision to permit or deny correction or
withdrawal of a response under this section shall be
supported by a written determination prepared by
the purchasing agent.
e.
Evaluation and Award
All responses shall be evaluated as outlined in the solicitation.
Where appropriate, procurements may take into account the costs
for the full life cycle of any resulting contract to determine total
expected cost. The purchasing agent shall ensure that the award
decision treats all vendors equitably.
(i)
The purchasing agent shall make purchases from and
award contracts to, response vendors only.
(ii)
Tie quotes/bids
Tie quotes/bids are responsive quotes/bids from
responsible vendors that are identical in price, terms and
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conditions and which meet all the requirements and criteria
set forth in the solicitation:
(a)
The award shall be made to the vendor that is a
small business as defined by the Small Business
Administration, if identical favorable quotes/bids are
received.
(b)
If more than one tie quote/bid is from a small
business or if none are, the award shall be made to
the local business if identical favorable quotes/bids
are received from local and non-local business.
(c)
If more than one tie quote/bid is from businesses
that meet or do not meet (a) or (b) above then the
award shall be made to the minority (MBE) owned,
women (WBE) owned or hub zone (HZ) business if
identical favorable quotes/bids are received from
MBE/WBE/HZ business and a non-MBE/WBE/HZ
business.
(d)
If more than one tie quote/bid is from a business
that meet or do not meet (a), (b) or (c) above then
the award shall be made to the in-state business if
identical favorable quotes/bids are received from in-
state and out-of-state businesses.
(e)
If none of the above applies, the purchasing agent
shall flip a coin in the presence of another person to
determine the awarded vendor.
8.
Cancellation of Solicitations
a.
Reasons for Cancellations
Any solicitation may be cancelled in whole or in part at any point in
the process when it is in the best interest of the University as
determined by the Assistant Vice President of Business
Operations. Approval to cancel will be obtained from the Assistant
Vice President of Business Operations prior to cancellation. The
reason(s) for doing so shall be made part of the file and may
include, but are not limited to, the following:
(i)
The University no longer requires the goods or services;
(ii)
The University no longer can reasonably expect to fund the
procurement;
(iii)
Proposed amendments to the solicitation would be of such
magnitude that a new solicitation is desirable;
(iv)
Ambiguous or otherwise inadequate specifications were
part of the solicitation;
(v)
The solicitation did not provide for consideration of all
factors of significance to the University;
(vi)
Prices exceed available funds and it would not be
appropriate to adjust quantities or qualities to come within
available funds;
(vii)
All otherwise acceptable bids or proposals received are at
clearly unreasonable prices;
(viii)
The University has reason to believe that the bids or
proposals may not have been independently arrived at in
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open competition, may have been collusive or may have
been submitted in bad faith. In this case, a notice of
rejection shall be sent to all vendors that submitted bids or
proposals; or
(ix)
The number of responses is not sufficient to ensure
adequate competition.
b.
Notice
When a solicitation is cancelled, notice of cancellation shall be
posted on the electronic solicitation notifications system.
c.
Disposition of Bids or Proposals
When bids or proposals are rejected or a solicitation is cancelled
after bid or proposals are received, the bids or proposals, which
have been opened, shall be retained in the procurement file. Bids
and proposals, which have not been opened, shall either be
returned to the vendors (upon request) or shall be disposed.
B.
Procurement Procedures for Purchases Totaling $150,000 or Less

Procurements shall not be artificially divided so as to constitute small-dollar purchases
as defined under this section. All purchases, including small-dollar purchases, are
subject to the requirement that prices paid be fair and reasonable (C.R.S. §24-30-
202(2)).
1.
Small-dollar purchases - purchases totaling $4,999 or less
The University has developed the following mechanisms for the purchase
of most goods and some services totaling $4,999 or less. Split purchases
are prohibited.
a.
The University Procurement Card – This is the preferred method
for all purchases of goods $4,999 or less.
i. Faculty and staff may obtain a procurement card based on the
discretion of their Department Head, Vice President or
Director. Graduate students may also obtain a procurement
card with a stipulated contract start and end date. Other
persons of interest may be given a procurement card on a
case-by-case basis. The procurement card is to be used only
by the person to whom the card was issued.
ii. All use of the Colorado School of Mines procurement card
must comply with the University’s financial policies,
procurement rules and direct charging policies (applicable to
sponsored grants and contracts). Specific purchases that are
prohibited on the procurement card include (but are not limited
to):
1. Personal purchases
2. Transactions split to work around the $4,999 Single
Purchase Limit
3. Alcohol
4. Travel (Unless using the OneCard, the Event Card, or
a waiver has been issued)
5. Chemicals
6. Purchases made from a contract without an authorized
signature
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7. Telecommunications
8. Cash or cash-type transactions such as gift cards
9. Purchases that violate mandatory price agreements
10. Purchases involving the University’s Trademark or
Logo.
iii. Procurement card holders are responsible for obtaining
appropriate supporting documentation. For every transaction
the cardholder must obtain an itemized receipt that includes
the:
1. Purchase Date
2. Vendor name
3. Transaction ID
4. Description of items purchased
5. Quantity and price of items purchased
6. Any applicable fees and shipping
The type of procurement card being used will determine where
and how the supporting documentation must be maintained.
The Control er’s Office website provides more detailed
information.
iv. The department is responsible for all charges made on
procurement cards issued to cardholders within their
supervision. If it is determined that a charge is made on the
procurement card that is against any University Policies,
the cardholder may be personally liable for the
unauthorized charge.
v. Misuse of the procurement card according to the financial and
procurement policies will result in the cardholder being issued
a Violation Notification. Violations are given out on a weighted
system (from 15-150 points per violation) based on the type of
violation. If a cardholder receives 150 points worth of violations
within two years, the card will be suspended for a minimum of
six (6) months pending the completion of procurement card re-
training. Continued misuse of the procurement card beyond a
two-year period may result in the permanent suspension of the
card at the discretion of the Controller. Card abuse resulting
in fraud will result in a permanent suspension and must
be immediately reported to the Controller and the Internal
Audit Department.
The Controller must approve any exceptions to these rules
regarding the use of the procurement card.
b.
Voucher request or direct pay – University departments may work
directly with the Accounts Payable unit within the Control er’s
Office for purchases $4,999 and under were the procurement card
is not an option.
i. A voucher request and related invoice(s) may be submitted to
Accounts Payable with documented authorization to pay and
the appropriate index and account code to be charged.
ii. The Accounts Payable unit will determine whether
documentation is adequate to make a payment or if additional
information is required before payment is made.
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c.
Field purchase orders – In cases where the procurement card or a
voucher request is not an option, University departments may
issue field purchase orders from pre-printed stock for purchases
up to $1,000. Field purchase orders and related supporting
documentation should be submitted directly to the Accounts
Payable unit for payment processing.
2.
Purchases of goods or services totaling $5,000 through $50,000
[Includes purchases less than $5,000 where neither the procurement
card, a voucher request, nor a field purchase order will suffice.]
Purchases of these types are processed at the discretion of the
purchasing agent. Requestors are encouraged to include a recommended
vendor at the time of the request. Requestors are required to include 3
quotes supporting the requestor’s recommendation for all purchase
requests between $10,000 and $50,000 and for all purchase requests
above $3,500 made using federal funds. The purchasing agent may
evaluate the supporting documentation and place the order with any
vendor that the purchasing agent determines serves the best interest of
the University considering cost and other factors.
3.
Purchases of goods or services above $50,000 but less than
$150,000
a.
The above shall be purchased using the documented quote
process unless there is a written determination by the purchasing
agent, approved by the Assistant Vice President of Business
Operations, that a Request for proposal, Invitation for Bid, or sole
source procurement better meets the needs of the University.
b.
For goods and services procurements, neither the solicitation nor
the vendor’s response constitutes an “offer”; therefore,
responsiveness at the time of receipt is not an absolute criterion.
The purchasing agent will determine whether or not a response is
acceptable and may compare the relative value of competing
response, not solely the price. The ensuing purchase order or
change order shall constitute an offer. The vendor may accept by
performance, unless the purchase order or change order
expressly requires acceptance by written acknowledgment.
c.
The choice of vendor for goods and services must be based on
which acceptable response is most advantageous to the
University with price/cost being a consideration. The basis for
selection must be documented and will be final.
d.
Documented quotes must be advertised in accordance with
Section 5.A.3. Solicitations must remain posted for a minimum of
three (3) working days unless the Assistant Vice President of
Business Operations provides a written determination that a lesser
time is required in order to meet an immediate University need.
e.
The purchasing agent may negotiate with any vendor to clarify its
quote or to effect modifications that will make the quote
acceptable or make the quote more advantageous to the
University. However, in the negotiation process the terms of one
vendor’s quote shall not be revealed to a competing vendor and
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all quotes will be kept confidential until a purchase order or
change order is issued.
f.
Quotes may be submitted electronically when the terms of the
solicitation permit electronic submission.
g.
Competitive reverse auctions. Contracts for goods and services
may be awarded by competitive reverse auction if the purchasing
agent determines that adequate competition can be achieved.

C.
Procurement Procedures for Purchases totaling over $150,000
1.
Invitation for Bids (IFB)

a.
Use of Invitation for Bids
Invitation for bids is a method of procurement that results in a
contract being awarded to the lowest responsive bid from a
responsible bidder based on the specifications set forth in the
solicitation. Typical reasons why an IFB may be used include:
(i)
The award will be made on the basis of price; or
(ii)
It is not necessary to conduct negotiations with the
responding bidders about their bids.

b.
Solicitation Time
The minimum time for the IFB opening date shall be not less than
fourteen (14) calendar days after posting the solicitation on the
electronic solicitation notification system. When special
requirements or conditions exist, the Assistant Vice President of
Business Operations may shorten the IFB time, but in no case
shall the time be shortened in order to reduce competition.
Solicitation periods of less than fourteen (14) calendar days shall
be documented as to why a reduced IFB period was required.

c.
Advertisement
IFBs must be advertised in accordance with Section 5.A.3.

d.
Late Responses
Responses received after the due date and time shall not be
opened and shall be rejected as late.
e.
IFB Opening
The name of each bidder, the bid price(s) (unless otherwise
provided in the invitation for bids), and other information deemed
appropriate by the purchasing agent shall be read aloud at the
time of the IFB opening. Reading of all bid item prices may not be
reasonable or desired (e.g., in the case of lengthy or complex
IFBs). The decision not to read all bid prices shall be made by the
purchasing agent. The name of each bidder, amount of the bid,
delivery date, name(s) of witness(es) and other relevant
information shall be entered into the record and the record shall
be available for public inspection. Prior to award, copies of pricing
information not read aloud at the IFB opening shall be made
reasonably available for inspection, if requested. Other information
related to a bid, or the bid’s responsiveness, may be withheld from
inspection until questions concerning such information are
resolved. After award, all IFB/bid documents and a complete bid
analysis shall be open to public inspection except to the extent the
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University has approved a bidder’s request that information be
held confidential as set forth in Section 5.A.7.c.
f.
Award
All goods and services shall be evaluated for acceptability against
the specifications and/or brand name used as a reference and
other evaluation criteria as set forth in the IFB. Following
determination of acceptability, bids shall be evaluated to
determine which bidder offers the lowest costs to the University in
accordance with the specifications, taking into account any life-
cycle cost formulas stated in the IFB.
g.
Multi-Step Sealed IFBs
A multi-step sealed IFB is a two-phase process. The first phase
(technical phase) is composed of one or more steps in which
bidders submit un-priced technical offers to be evaluated by the
University. The second phase considers only those bidders whose
technical offers were determined to be acceptable during the first
phase. At this time, those price bids will be opened and
considered. The process is designed to obtain the benefits of
competitive sealed bidding by award of a contract to the lowest
responsive, responsible bidder and at the same time obtain the
benefits of the request for proposal procedure through the
solicitation of technical offers and the conduct of discussions to
evaluate and determine the acceptability of technical offers.
h.
Best Value IFBs
(i)
Use of the best value IFB:
A best value IFB is used where the IFB specifically
allows for enhancements, options and/or
alternatives. A best value IFB must include a base
bid statement.
(ii)
Written Determination:
The purchasing agent shall provide a written
determination for approval to the Assistant Vice
President of Business Operations prior to the use of
a best value IFB. The written determination must
explain why the best value IFB is appropriate for
the good or service being solicited.
(iii)
Evaluation:
The criteria or formula for evaluation must include
objective consideration of the costs and savings
and/or benefits associated with enhancements,
options or alternatives. Based on the evaluation of
the cost of the base bid, the dollar value of
enhancements, options or alternatives and the
determination of which best meet the needs of the
University, an award shall be made to the bidder
providing the best value to the University.
i.
Competitive Reverse Auction Contracts
Contracts for goods and services may be awarded by competitive
reverse auction if the purchasing agent determines that adequate
competition can be achieved.
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2.
Request for Proposals
a.
Use of Request for Proposals (RFP)
RFPs will be used for the solicitation of competitive sealed
proposals over $150,000 that are evaluated on the basis of factors
that include but are not limited to price. Evaluations shall be based
on the factors set forth in the RFP in order to determine which
proposal(s) best meet(s) the needs of the University.
(i)
Written Determination – The purchasing agent must
provide a written determination for approval to the
Assistant Vice President of Business Operations prior to
the use of an RFP. The written determination must explain
why the RFP is the proper method of solicitation.
(ii)
Evaluation Committee – A committee of no less than three
(3) individuals shall evaluate all responsive proposals.
b.
Solicitation Time
RFPs will be open for a minimum of thirty (30) calendar days
unless the Assistant Vice President of Business Operations
approves a shortened timeframe in writing.
c.
Advertisement
RFPs will be advertised in accordance with Section 5.A.3.
d.
Late Responses
Responses received after the due date and time shall not be
opened and shall be rejected as late.
e.
RFP Opening
There shall be a public opening at a date and time specified in the
RFP. The purchasing agent shall read the name of all proposers
submitting responses. A witness shall be present. All information
other than the proposers’ names remains confidential until posting
of the notice of intent to award.
D.
Competitive Negotiation
Contracts or recurring small dollar procurements may be awarded by competitive
negotiation as defined on page 34.
1.
Allowable Use
a.
A contract may be awarded by competitive negotiation after an
unsuccessful invitation for bids or request for proposals process if
the Assistant Vice President of Business Operations determines
that time does not permit re-solicitation.
b.
Small dollar procurement agreements (small dollar procurements
that are recurring and are not expected to exceed 50,000 per
department per year) may be awarded by competitive negotiation
with donor, small, local, minority, women or hub zone businesses
when it is in the best interest of the University to do so and in
accordance with Section 8 of these rules.
2.
Unsuccessful IFB/RFP processes
An Invitation for bid or request for proposal process is unsuccessful if:
a.
All offers received are unreasonable or uncompetitive;
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b.
The low bid exceeds available funds as certified in writing by the
appropriate fiscal officer;
c.
The solicitation has been properly cancelled in accordance with
the provisions of Section 5.A.8.; or
d.
The number of responsive offers is not sufficient to ensure
adequate competition.
3.
Participants
The competitive negotiation process shall include all vendors who
responded to the solicitation or any re-bid and may include other vendors
capable of filling the University’s needs. The University may also actively
encourage small, local, women, minority, in-state or hub zone businesses
to participate in the competitive negation process or partner with vendors
who originally responded to the IFB or RFP.
4.
Times and Locations
Procurement services may set reasonable times and locations for
participation in the competitive negotiation, reflecting the fact that time
constraints are the basis for the competitive negotiation process.
5.
Separate Negotiations
Each vendor with whom procurement services negotiates shall be given a
fair and equal chance to compete. Negotiations shall be conducted
separately and independently with each vendor and in no case shall the
terms of any vendor’s offer be communicated to any other vendor until
intent to award notice has been issued. Any change in requirements shall
be communicated to all vendors.
6.
Elimination from Process
A vendor may be eliminated from the process upon a determination that
its offer is not reasonably suspected of being selected for award.
7.
Award
The award shall be made to the vendor whose offer is most
advantageous to the University. The Assistant Vice President of Business
Operations shall make a written determination that identifies the nature of
the discussions with each vendor and that states why the selected offer is
the most advantageous to the University.
E.
Exceptions to Competitive Solicitation Processes
1.
Sole Source Procurements
Procurement without competition is authorized under limited conditions and
subject to written justification documenting the conditions, which preclude the use
of a competitive process. A sole source procurement is justified when there is
only one good or service that can reasonably meet the need and there is only
one vendor who can provide the good or service. A requirement for a particular
proprietary item (i.e., a brand name specification) does not justify a sole source
procurement if there is more than one potential vendor for that good or service.
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Price is not a consideration to justify a sole source procurement. In cases of
reasonable doubt, competition will be solicited.


a.
Continuing need for Sole Source
Procurement services shall take reasonable steps to avoid using
sole source procurement except in circumstances where it is both
necessary and in the best interests of the University. Procurement
services shall take action, whenever possible, to avoid the need to
continue to procure the same goods and/or services without
competition.


b.
Sole Source Procurement Procedures
(i)
The requesting department shall submit a sole source
justification detailing why the procurement is a sole source
along with any other pertinent information regarding the
sole source procurement; e.g. vendor quote, requisition,
literature, etc.
(ii)
Procurement services is the final authority of the approval
of sole source procurements.
(iii)
The purchasing agent shall publish all sole source
procurements for at least three (3) days on the electronic
solicitation system to allow vendors an opportunity to
comment on the validity of the sole source.
(iv)
The purchasing agent has a duty to negotiate the most
favorable price, terms and conditions notwithstanding the
sole source nature of the procurement. The purchasing
agent is required to make a written determination that the
price is fair and reasonable.
2.
Emergency Procurements
When an emergency condition exists that prevents the use of a competitive
procurement method, the University may conduct a procurement on an
emergency basis. Emergency procurements may be negotiated on a sole source
or limited competition basis as dictated by the circumstances surrounding the
emergency.

a.
Determination of Need
An emergency condition justifies the use of an emergency
procurement when that conditions threatens one (1) or more of the
following:
(i)
The functioning of the University, or its programs;
(ii)
The preservation or protection of property; and/or
(iii)
The health or safety of any person(s) or animal(s).

Emergency procurements do not include: procurements that need
to be rushed because of a failure to plan ahead; end of fiscal year
procurements; or, end of grant/contract procurements.


b.
Authority to Make Emergency Procurements
The University may make emergency procurements when an
emergency condition arises and the need cannot be met through
normal procurement methods, provided that whenever practicable,
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approval by the Assistant Vice President of Business Operations
shall be obtained prior to the procurement. In the event an
emergency arises after normal working hours, the University
department shall notify the Assistant Vice President of Business
Operations on the next working day. If the Assistant Vice
President of Business Operations determines that all criteria for an
emergency procurement were not met, then the procurement will
be processed as an “after-the-factprocurement as set forth in
Section 7.


c.
Limits of an Emergency Procurement
The emergency procurement shall be limited to the procurement
of only the types of items and quantities or time period sufficient to
meet the immediate threat and shall not be used to meet long-
term requirements.


d.
Documentation
As soon as practicable, the University department shall prepare a
written justification, to be approved by the Assistant Vice
President of Business Operations, that sets forth the justification
for the emergency procurement. The justification shall include the
following:
(i)
The basis for the emergency procurement including the
date the emergency first became known;
(ii)
A listing of the goods and/or services procured;
(iii)
A description of the efforts made to ensure that proposals
or offers were received from as many potential vendors as
possible under the circumstances; and
(iv)
The basis for the selection of the vendor.


e.
Procedures
(i)
The procedure used shall be selected to assure that the
required goods and/or services are procured in time to
meet the emergency. Given this constraint such
competition as is practicable shall be obtained.
(ii)
Any acceptable form of solicitation (e.g. written, faxed,
electronically transmitted, phoned, etc.) may be used to
obtain proposals for an emergency procurement.
3.
University Wide Price Agreements

a.
The Assistant Vice President of Business Operations may issue
University-wide price agreements for goods and services for use
by all University departments. Such price agreements may
include, but are not limited to University initiated agreements or
cooperative agreements. The purpose of such agreements is to
promote efficiency and savings that can result from leveraging the
University’s buying power.

b.
University price agreement pricing is based on the University’s
overall anticipated volume of purchases during the agreement
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period. In order to assure the University of the least total cost of
goods or services, all University departments are required to order
needed goods or services from University price agreements where
applicable.

c.
Procurement services is responsible for publicizing all University-
wide price agreements and for monitoring compliance.

4.
Cooperative Purchasing Agreements

a.
The Assistant Vice President of Business Operations may
approve the purchase of goods or services from a cooperative
purchasing agreement if he/she finds that such purchase is in the
best interest of the University after considering the
competitiveness of pricing under the contract and the efficiencies
and cost savings of using the contract.

b.
The University may participate in, conduct, sponsor or administer
a cooperative purchasing agreement. This includes, but is not
limited to, agreements with any of the following:
(i)
The federal government or an agency or other
instrumentality of the federal government;
(ii)
The State of Colorado, another state, or an agency or
other instrumentality of the State of Colorado or another
state;
(iii)
A bi-state or multi-state agency;
(iv)
A county, municipal corporation or other political
subdivision of the State of Colorado or any other state, or
an agency or other instrumentality of the political
subdivision;
(v)
Other institutions of higher education; or
(vi)
A cooperative or organization established for the purpose
of establishing contracts to aggregate the common
requirements of similar institutions for maximizing
economies of scale when soliciting bids or proposals.
Examples include the Educational and Institutional
Cooperative and the Western States Contracts Alliance.

c.
The Assistant Vice President of Business Operations may
approve a single purchase or approve ongoing participation in a
cooperative or consortium purchasing agreement as a University-
wide price agreement. The Assistant Vice President of Business
Operations has the final authority to approve the University’s
participation in cooperative or consortium purchasing agreements.
F.
Price Cost Analysis
Price cost analysis is required when there is no competition (such as a sole source
procurement or when only one response is received to a solicitation). The purchasing
agent must ensure that the price the University is paying is fair and reasonable by
completing a price cost analysis. Procurements, where appropriate, should take into
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account the costs for the full life cycle of any resulting contract to determine total
expected cost. Additionally, federal laws mandate that the University perform price cost
analysis under certain conditions.

If, after analysis, the purchasing agent does not feel the price to be paid is fair and
reasonable, he/she will either seek competition or negotiate with the vendor to lower the
price.
G.
Demonstration or Sample Agreements
Equipment requested by University department from vendors, or offered by vendors to
University departments, on a trial, loan, demonstration or evaluation basis does not
constitute a commitment to purchase said equipment. The University department shall
be responsible for advising the vendor that, for purchases totaling over $5,000 a
purchase order or change order will be issued at the discretion of the purchasing agent,
and that competitive purchasing procedures shall be used as required by University
policies and procedures. If the vendor who loaned the equipment is the successful
vendor, new equipment must be supplied unless otherwise specified.

All moving, handling, transportation and applicable installation costs associated with
equipment of this nature are the sole responsibility of the vendor unless otherwise
specified. The University will not incur any costs associated with equipment that is on
trial, loaned, demonstrated, tested or evaluated unless otherwise specified.

Any agreement, which is required by the vendor, shall be executed by the appropriate
purchasing agent, regardless of dollar value of the equipment.

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