Other Procedures

SINGLE FEASIBLE SOURCE (SOLE SOURCE)

Occasionally departments have the need to purchase "sole source" items.

Definition of Sole Source

• According to legislation, sole source is defined as follows:

• Supplies are proprietary and only available from the manufacturer or a single distributor; or

• Only one distributor services the region; or

• Supplies are available at a discount from a single distributor for a limited period of time.

Sole source orders for less than $3,000

Since there is no bid requirement for orders less than $3,000, there is no need to justify the sole source purchase.

Sole source orders totaling more than $3,000 and less than $25,000

For sole source orders estimated to cost more than $3,000 but less than $25,000, the department must attach information explaining how the procurement meets the statutory definition of a single feasible source. If the cost is $5,000 or more, Purchasing must post notice of the proposed sole source purchase. If the sole source designation is questionable, the order will be handled like any other procurement.

Sole source orders anticipated to cost $25,000 or more

Sole source purchases anticipated to cost more than $25,000 or more must be advertised and bid by Purchasing as any other large procurement.

EMERGENCY PURCHASES

The President, the Controller or other persons designated by the President may waive the requirements for competitive bids when an emergency situation exists. State statutes define an emergency as a situation in which "there exists a threat to life, property, public health or public safety or when immediate expenditure is necessary for repair to state property in order to protect against further loss of, or damage to, state property, to prevent or minimize serious disruption in state services or to ensure the integrity of state records." Under these circumstances, Purchasing will incorporate as much competition as possible.

VIOLATION OF STATUTE

Orders for supplies, materials, equipment or contractual services purchased by any department contrary to the provision of state statues shall be void and of no effect. Employees may be personally liable for the cost of any supplies, materials, equipment or contractual services purchased contrary to the provisions of the statutes.

BUY AMERICAN CERTIFICATION

For all bids with a value of $25,000 or more, Missouri law requires that the bidder certify whether manufactured goods or commodities used or supplied in the performance of a contract or subcontract are manufactured, assembled, or produced in the United States, in order to receive a preference for such products.

BUY MISSOURI PREFERENCES

All bids and proposals shall contain a paragraph, in easily legible print, that says "By virtue of statutory authority, a preference will be given to materials, products, supplies, provisions and all other articles produced, manufactured, made or grown within the State of Missouri."

OUT-OF-STATE CONTRACTORS

If another state penalizes Missouri businesses in bid and other procurement situations, then Missouri law requires the University to assess the same penalty to that state's businesses who are trying to do business in Missouri. The exact wording provided by the State of Missouri follows:

"When out-of-state bidders are selected for business, the bid or proposal evaluation must be in compliance with the following statutory provision. To the extent permitted by federal laws and regulations, the contractor or bidder domiciled outside the boundaries of the State of Missouri shall be required, in order to be successful, to submit a bid the same percent less than the lowest bid submitted by a responsible contractor or bidder domiciled in Missouri as would be required for such a Missouri domiciled contractor or bidder to succeed over the bidding contractor or bidder domiciled outside Missouri on a like contract or bid being let in the person's domiciliary state. In addition the contractor or bidder domiciled outside the boundaries of Missouri shall be required to submit an audited financial statement as would be required of a Missouri domiciled contractor or bidder on a like contract or bid being let in the domiciliary state of that contractor or bidder."

The Purchasing Office has access to the penalty provisions Missouri firms face when doing business in other states.

MINORITY VENDOR PARTICIPATION

The University must comply with all applicable laws, regulations and executive orders affecting equal opportunity and nondiscrimination in the selection of contractors. Minority businesses must be provided an equitable and fair opportunity to submit bids and proposals and to receive an award of a contract. Minority businesses are defined as being at least 51% owned and controlled by one or more persons who are United States citizens and members of one of the following minority groups: Black, American Indian, Hispanic, Asian American, or other similar racial minority groups.

Qualified minority vendors must be utilized for a portion of non-bid business whenever economically feasible. The state has a goal of awarding at least 5% of business to minority-owned or controlled enterprises. Because the University must report business done with minority businesses, departments are encouraged to identify minority-owned businesses when specified as vendors on requisitions.

NON-DISCRIMINATION

All contractors and all subcontractors doing business with the University must agree not to discriminate on the basis of race, color, religion, national origin, sex, disability or veteran status. If discrimination by a contractor is found to exist, the University must take appropriate action which may include, but not be limited to, cancellation of the contract, removal from all bidder's lists until corrective action is made and ensured, and referral to the Attorney General's Office. Departments should contact the Controller for more information.

AMERICANS WITH DISABILITIES ACT

University procurements must comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA).

SPECIAL CIRCUMSTANCES OR QUESTIONS

Special circumstances not covered by these procedures should be addressed to one of the following:

Lois Dover, Purchasing Agent
Phone: 785-4159
E-mail:  ldover@truman.edu

Judy Mullins, Controller
Phone: 785-4150
E-mail:  jmullins@truman.edu