Unless superseded by terms contained in the following policy, the Purchasing Policy and Procedures of the College shall be adhered to in the procurement of all goods and services for the campus. Where either the federal procedures or Ithaca College procedures might appear legitimate to use, but are not identical, the more rigorous procedure will be followed, as this provides greater safeguards for the integrity of the competitive purchasing process.
2.26.1 Competitive BiddingAll procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The recipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade.
In order to ensure objective contract performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids, and/or requests for proposal should be excluded from competing for such procurements unless the contractor’s participation in specification development is acknowledged in the bid solicitation and approved by the Director of the Procurement Department.
Awards shall be made to the bidder/offer or whose bid/offer is responsive to the solicitation and is most advantageous to the recipient, price and other factors considered. Solicitations shall clearly set forth all requirements that the bidder/offer or must fulfill in order for his bid/offer to be evaluated by the recipient. Any and/or all bids/offerors may be rejected when it is in the recipients’ interest to do so.
Ithaca College procurement procedures will assure the avoidance of purchasing unnecessary or duplicative items. The Director of the Procurement Department is responsible for the disposition of all College surplus property. Therefore, they will maintain listings of surplus items against which to check procurement requirements for unnecessary duplication. If compatible items are available from College surplus, these items will be made available to the requesting department at no cost. Where appropriate, an analysis of lease and purchase alternatives shall be performed to determine which would be the most economical, practical procurement.
Solicitations for goods and services shall be based upon a clear and accurate description of the technical requirements for the material, products or service to be procured. Such a description shall not, in competitive procurements, contain features which unduly restrict competition. “Brand name or equal” descriptions may be used as a means to define the performance or other salient requirements of procurement, and when so used, the specific features of the named brand which must be met by bidders/offerors shall be clearly specified.
Positive efforts will be made by the recipients to utilize small business and minority-owned business sources of supplies and services. The Director of the Procurement Department will actively solicit such special category suppliers and provide them with equal opportunity to qualify as a competitive, responsible contractor.
Contracts shall be made only with responsible contractors who possess the potential ability to perform successfully under the terms and conditions of a proposed procurement. Consideration shall be given to such matters as contractor integrity, record of past performance, financial and technical resources, or accessibility to other necessary resources.
All proposed sole source contracts or where only one bid or proposal is received in which the aggregate expenditure is expected to exceed $5,000 shall be subject to prior approval at the discretion of the federal sponsoring agency. All proposed sole source contracts shall be accompanied by a written sole source justification from the recipient following the guidelines outlined in the College’s purchasing policy and procedures.
Price or cost analysis will be made in connection with every procurement action. Price analysis may be accomplished in various ways, including the comparison of price quotations submitted, market prices and similar indicia, together with discounts. Cost analysis is the review and evaluation of each element of cost to determine reasonableness, allocability and allowability.
Procurement records and files for purchases in excess of $10,000 shall include the following:
- Basis for contractor selection
- Sole source justification - or -
- Justification for lack of competition when competitive bids or offers are not obtained
- Basis for award cost or price
2.26.2.1 Copeland "Anti-Kick Back Act
Contracts for construction or repair in excess of $2,000 shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). This Act provides that each contract or subgrantee shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal sponsoring agency.
2.26.2.2 Davis-Bacon Act
Contracts for construction or repair in excess of $2,000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR, Part 5). Under the Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal sponsoring agency.
2.26.2.3 Contract Work Hours and Safety Standards Act
Contracts for construction in excess of $2,000 that involve the employment of mechanics and laborers shall include a provision for compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5). Under section 103 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to his health and safety as determined under safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market or contracts for transportation or transmission of intelligence.
2.26.2.4 Legal Remedies
Contracts in excess of $10,000 shall contain contractual provisions or conditions that will allow for administrative contractual or legal remedies in instances in which contractors violate or breach contract terms, and provide for such remedial actions as may be appropriate.
2.26.2.5 Termination
Contracts in excess of $10,000 shall contain suitable provisions for termination by the recipient including the manner by which termination will be effected and the basis for settlements. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor.
2.26.2.6 Equal Employment Opportunity
Contracts in excess of $10,000 shall contain a provision requiring compliance with Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR, Part 60).
2.26.2.7 Access to Pertinent Records
Contracts in excess of $10,000 shall include a provision to the effect that the recipient, the Federal sponsoring agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts and transcriptions.
2.26.2.8 Bonding Requirements
Contracts for construction or facility improvement award in excess of $100,000 shall include bonding requirements and shall be handled by the Construction, Planning & Design Department of the Physical Plant Department.
2.26.2.9 Clean Air and Water Acts
Contracts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clear Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq), as amended. Violations shall be reported to the federal sponsoring agency and the regional Office of the Environmental Protection Agency.
2.26.3 Patent RightsContracts or agreements to create, develop or improve products, processes or methods; or for exploration into fields that directly concern public health, safety or welfare; or contracts in the field of science or technology in which there has been little significant experience outside of work funded by federal assistance, shall contain a notice to the effect that matters regarding rights to inventions and materials generated under the contract or agreement are subject to the regulations issued by the federal sponsoring agency and the recipient. The contractor shall be advised as to the source of additional information regarding these matters.
2.26.4 Contract AdministrationA system for contract administration shall be maintained by the internal department sponsoring the program to ensure contractor conformance with terms, conditions, and specifications of the contract, and to ensure adequate and timely follow-up of all purchases.
Last Updated: November 20, 2017