Procurement is defined as buying, purchasing, renting, leasing, or otherwise acquiring any product, supplies, services, rental, equipment, construction, remodeling, or any other transaction that involves an expenditure of district funds.
All district expenditures shall be in accordance with the policies and procedures contained in the Financial & Administrative Manual. A copy of this manual can be found at http://mywtcs.wtcsystem.edu/wtcsinternal/cmspages/getdocumentfile.aspx?nodeguid=195f4ea0-0502-4fdc-81b3-1154a66c5100
The following general procurement procedures have been established by the Business Office.
Authority to issue purchase orders: Western's Purchasing Agent and Purchasing/Accounts Payable Manager have sole actual authority to issue and sign purchase orders on behalf of the District. No other individuals have any authority, either actual, or apparent, or implied, to issue and/or sign purchase orders.
Authority to sign procurement contracts (non-purchase orders): A procurement contract is any type of written agreement between Western Technical College and another organization (i.e., merchant, supplier, etc.) that forms a binding legal commitment for goods and/or services, including change of ownership, between Western Technical College and that organization. Such contracts include, but are not limited to, software licenses and maintenance agreements, construction and/or remodeling, equipment and facilities leases, professional services (i.e., architectural, consulting, etc.).
Except in cases per statutes s. 38.18 where the signing of public construction contracts is to be made by the District Board chairperson and the District Board secretary, the following signatory levels for District contracts and agreements provide sole authority to those individuals to enter into contracts on behalf of the College. No other individuals have any authority, either actual, or apparent, or implied, to sign contracts.
|Annual Value per Agreement||Approving Authority|
|Up to $3,000||Budget Manager/Purchasing Agent|
|Between $3,001 and $25,000||Purchasing and Accounts Payable Manager|
|Between $25,001 and $250,000||Senior Leadership Team (SLT) Member or Controller|
|Greater than or equal to $250,000||President or Vice President of Finance|
|BIS Service Contracts||Director of Business and Industry Services|
- Public construction contracts greater than or equal to $25,000 shall be signed by the District Board Chairperson and Secretary.
- Memoranda of Understanding (MOU) involving potential purchasing obligations shall be signed by the President or Senior Leadership Team Member.
- Property rental and leases that require WTCS State Board approval shall be signed by the President.
- Rentals and leases of $50,000 or less and three (3) years or less are considered minor rentals and leases and are exempt from WTCS State Board approval (TCS 5.09). Minor rentals and leases shall be signed by the Vice President of Finance.
Agreements will be entered into and signed by the approving authority only after verification that sufficient budget dollars are available and a review of the contract finds all terms and conditions of the contract to be acceptable.
If a proposed purchase exceeds the budget dollars available to a budget manager, the budget manager must obtain approval from the member of senior leadership whom they report to. It is the responsibility of the senior leadership member to identity unused funds that may be available elsewhere in their division that may be transferred to cover the expense.
If the member of senior leadership is not able to identify available funds, the purchase either will not be made during the current fiscal year, or the expenditure should be brought to the senior leadership team for discussion. The two remaining options available would be for the College to find the budget dollars in a different division or for Senior Leadership to agree to take the purchase out of fund balance.
All signed contracts must be forwarded to and maintained by the Business Office.
All purchasing contracts in excess of $50,000 shall include, but are not limited to:
- Provisions for termination by the District.
- Conditions under which the contract may be terminated for default.
- Conditions under which the contract may be terminated for circumstances beyond the control of the contractor.
- Provisions for administrative, contractual, or legal remedies when contractors violate or breach contract terms.
- 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). For public construction contracts, the threshold for compliance with this provision is $10,000.
Code of Conduct/Employee Conflict of Interest
District staff must comply with the Code of Ethics set forth in Policy C0206 and the conflict of interest and acceptance of gift policy set forth in Policy C0208. in addition, staff are prohibited from splitting large purchases into smaller purchases that result in bypassing procurement rules.
Purchase Order Requirements
Purchase orders are required for the purchases of goods, services, and equipment in excess of $3,000 for which the College will be responsible for payment. All purchase order requests must be properly approved and follow the procurement policies and procedures established by the Business Office.
Federally Funded or Grant-Funded Procurement
All federally funded or grant-funded procurements shall be made in accordance with the appropriate regulations or grant requirements. These procurements must still follow all purchasing authorization guidelines listed above. In cases where policies conflict, the more restrictive must be used unless prior approval is received from the relevant granting agency.
The Office of Management and Budget's 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards require a competitive process for procurements exceeding $3,000. Quotations must be obtained from an adequate number of qualified suppliers.
Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Procurements Less Than $25,000
Procurements less than $25,000 do not require a competitive process unless the funding source is a federal grant. However, an effort should always be made to obtain the best possible price by seeking quotes from more than one vendor.
A competitive selection process may still be required in cases where multiple small procurements with a single vendor total more than $50,000 over the course of the year. See Annual Review of Procurements section of the procedure (B0500p) for more information.
Procurements of $25,000 to $50,000 (Non-construction)
Except as provided in the Bid Waiver section of the procedure (B0500p), procurements where the total cost is at least $25,000 but does not exceed $50,000 shall be based on written quotations from a minimum of three vendors.
Solicitation of quotations shall be done in a manner to maximize competition.
Procurements Greater Than $50,000 (Non-construction)
Except as provided in the Bid Waiver section of the procedure (B0500p), procurements greater than $50,000 require a sealed bid process, via either IFB or RFP.
All IFBs and RFPs shall include a clear and accurate description of the item or service being procured. This description shall not contain features which unduly restrict competition. Solicitations or offers shall include all requirements which suppliers must fulfill or other factors to be used in evaluating bids or proposals.
Procurements Greater Than $25,000 (Construction)
Public construction procurements greater than $25,000 require a sealed bid process via an IFB.
All IFBs shall include a clear and accurate description of the item or service being procured. This description shall not contain features which unduly restrict competition. Solicitations or offers shall include all requirements which suppliers must fulfill.
RFPs and Bids
Procurements that do not meet threshold requirements for an RFP or bid may still be procured via the RFP or bid process if it is in the best interest of the District to do so. All RFPs and bids awarded by the District, both construction and non-construction, will be reviewed by the District Board.
Brand Name Specific
Specifications for bids or quotes should not be brand-name specific, except under the following circumstances:
- Instructional equipment – Letters from key employers or advisory committee minutes specify that they need their employees trained on a specific brand of equipment.
- Non-instructional equipment – The equipment interfaces with existing District equipment and the function of the existing equipment will be impaired if a different brand is used, OR the equipment is incorporated into a piece of existing District equipment that will not function using another brand, OR existing District equipment includes a warranty that will be voided if component units are combined/replaced with another brand, OR the federal or other granting agency authorizes or requires the use of a specific brand.
The following are allowable exceptions to the bid/quote requirements listed above:
- Cooperative purchasing– Purchases from state and government contracts and other contracts approved by the Wisconsin Technical College System (WTCS), provided the vendor was selected through a competitive process by the contracting agency.
- Used equipment
- Resale items – Items purchased with the intent of reselling.
- Emergency procurement – Procurement necessitated by a threat to the continued operation of the District or to the health, safety, or welfare of the students, staff, or guests.
- Outside legal counsel – While competitive bidding is not required, an annual letter of engagement is required.
- Sole source – The item is only available from a single source.
Procurements made via bid waiver must still follow all purchasing authorization guidelines listed above. Contracts awarded through cooperative purchasing and sole source will be reported to the District Board for informational purposes.
Record Retention Policy
The Business Services Office will keep the following records for all IFBs and RFPs for a minimum of seven years:
- Proof of bid/RFP advertisement;
- Bid/RFP document, including specifications and any amendments;
- List of vendors who received the bid/RFP;
- Vendor bids/proposals, including date and time received;
- Completed bid tabulation or evaluation summary;
- Rationale for vendor selection; and
- All other significant correspondence or documentation.
Annual Review of Procurements
Administrative Rule TCS 6.05(2)(h) requires an annual report to the District Board by October 31 of each year that aggregates multiple purchases of similar goods and services. Where total purchases for any vendor exceed $50,000 in a fiscal year, further analysis is conducted to determine if these purchases were made under an existing bid, quote, or other contact with the respective vendor. The Business
Services Manager is responsible for evaluating these situations to determine if a more competitive procurement process should be used in the future with respect to purchases of similar goods, supplies, and services.
General Procurement Procedures
Purchase orders shall be used to encumber funds for the purchases of goods, services, and equipment in excess of $3,000 for which the College will be responsible for payment and for funds committed through the use of a signed contract. Purchase orders will be initiated after proper approvals and confirmation of the use of an appropriate procurement method. Increasing the amount of a purchase order is allowed when the following approvals are obtained:
|Increases due to the addition of freight or shipping and handling||Under 10% and/or $2,000, whichever is less||Purchasing Agent|
|Any other increases||Under 10%||Purchasing/Accounts Payable Manager or Controller|
|Any other increases||Greater than 10%||Controller|
Invoices submitted to the Business Office without a requisition or purchase order must be signed by a department manager, who shall verify there are sufficient funds in their budget available for the expenditure.
Reimbursement for travel and miscellaneous expenses may be submitted to the Business Office by completing the Travel/Miscellaneous Expense Reimbursement Report located on the Business Services Department website. This request must be signed by the Dean/Department Manager/Supervisor and submitted along with any receipts.
Procurement Cards (P-Cards) if expenditure <$3,000
The use of a procurement card is authorized for approved users when the cost of the expenditure is <$3,000. An approved user who has a valid District procurement card may make appropriate purchases with their procurement card without a requisition. All District procurement card purchases shall follow the requirements and procedures as defined in the Procurement Card Manual and adhere to District procurement procedures. The Procurement Card Manual is given out to each employee upon receipt of a procurement card. This manual is also available in the Business Office. The employee must submit all invoices to their supervisor who will approve all purchases prior to submission to the Business Office.
The use of a "petty cash fund" is authorized for the immediate purchase of supplies generally costing less than twenty dollars. The Business Office petty cash reconciliation form, together with the receipts, must be submitted at intervals as established by the Business Office.
Internal budget transfers between accounts must be initiated by a budget manager and approved by the budget manager whose funds are being transferred. Additionally, transfers of budget dollars must be approved by the Controller.
When the District borrows funds for the purpose of capital spending, The District Board approval of the borrowing shall identify the specific capital project(s) and /or capital equipment that will be paid with the borrowed funds (issue paper).
Staff Requestor of Hazardous Chemicals
Prior to purchasing, taking possession of or bringing a hazardous chemical into the college, the employee will notify the Custodial Supervisor in writing that a new chemical will be purchased including the product name, the manufacturer and the quantity being ordered.
A MSDS must be requested from the vendor to be sent to the Custodial Supervisor. Once received, a copy of the MSDS will be forwarded to the requestor and will be entered into MSDS Online.
First aid kits may contain hazardous chemicals (this may include over-the-counter pain medication such as Tylenol). Staff should purchase first aid kits approved for use in educational settings that do not include over-the-counter pain medication. No drugs should be administered to other staff or students by unauthorized staff members.
Approving Authority– The District employee who has authority to sign purchase agreements and obligate the District.
Bid Waiver– Allowable exceptions to normal procurement procedures.
Invitation for Bid (IFB)– Sealed bid procurement process used when price is the sole criterion that will determine which vendor is selected.
Procurement– Buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services, equipment, or construction.
Public Construction– All labor and materials used in the framing or assembling of component parts in the erection, installation, enlargement, alteration, repair, conversion, razing, demolition, or removal of any fixed equipment, building, or facility.
Request for Proposal (RFP)– Sealed proposal procurement process used when criteria in addition to price are considered in determining which vendor is selected. All evaluating criteria must be clearly disclosed in the solicitation.
Senior Leadership Team– President/District Director, Vice President of Academic Affairs, Vice President of Finance and Operation, Vice President of Student Services, Vice President of Strategic Effectiveness and Engagement, Dean of Industrial Division, and Director of Human Resources.