G-2. PURCHASING

Value Statement

· Public funds will be expended in an efficient, effective, equitable, and ethically responsible manner.

· Goods and services needed by the College will be purchased in an efficient and effective manner.

A. General Objectives

[1] To support the instructional mission of the College by procuring in a timely manner the specific  equip­ment, services, and materials needed for effective College operations.

[2] To secure work and materials at the best value for the College.

[3] To provide opportunities for individual vendors,  contrac­tors, historically underutilized businesses, and small/local businesses to compete for College purchases/contracts in a fair and competitive environment, and to create an open process for procurement through competition.

[4]  To monitor and insure compliance with the terms and conditions of contracts.

B. State Law and Board Policy Control

The procurement process will adhere to applicable state law, administrative rules, and Board Policy.  Purchasing and procurement shall be in accordance with state law requirements, including the dollar amounts stated.  As provided in state law, during any fiscal year, the stated limits apply to the aggregated expenditures with any single vendor.  When the aggregated expenditures would exceed the stated limits, specific Board approval for any new expenditure to that vendor is required. 

C.   Board Approval

Except for matters required to be authorized or approved by the Board under state law, or under Board Policy, the Board may, as appropriate, delegate its authority under state law regarding an action authorized or required to be taken by the College to a designated person, representative or committee.  In procuring construction services, the College shall provide notice of the delegation and the limits of the delegation in the request for bids, proposals, or qualifications or in the addendum to the request. 

Except for an expenditure which State law requires that the Board must approve which may not be delegated, any contract for an expenditure of $100,000 or less may be approved by the President of the College or his designee.  A contract requiring an expenditure of more than $100,000 must first have Board approval unless the Board has previously approved, after a public review period of a month or more, a budget or other written plan list­ing the items and their approximate cost. 

D.  Emergency

In the event an expenditure is immediately necessary to repair or replace an existing capability that has been unexpectedly lost, or is immediately necessary to meet an unforeseen catastrophe or emer­gency (i.e., a situation in which immediate action must be taken without Board approval to avoid harm to the College), the President may approve such expenditure, and such expenditure must be reported to the Board at its next meeting, or by written notification provided through the President.  In such an event, the requirements of state law shall apply, unless the Board determines that the delay posed by the methods provided therein would prevent or substantially impair the conduct of classes or other essential school activities.  Upon such finding, contracts for the replacement or repair of the equipment on the part of the College facility may be made by methods other than those typically required by state law.

E.  Vendor Selection – Construction Procurement

In accordance with state law, the Board in considering a construction contract utilizing a method specified by state law, must determine before advertising which method provides the best value for the College.   The College shall base its selection among offerors on criteria authorized to be used under state law.  The College shall publish the request for bids, proposals, or qualifications the criteria that will be used to evaluate the offerors and the relative weights given to the criteria. 

In procuring construction services, the College shall provide notice of the delegation and the limits of the delegation in the request for bids, proposals, or qualifications or in the addendum to the request.  Failure to provide such notice will result in a ranking, selection, or evaluation of bids, proposals, or qualifications for construction services advisory only and the Board shall then make the selection or determination in an open public meeting.  

The College shall document the basis of its selection and shall make the evaluations public not later than the seventh day after the date the contract is awarded. 

For construction procurement services of over $500,000 which require Board approval, the administration shall provide a summary and evaluative judgments, including a ranking, of vendor responses with a recom­mendation of a single vendor.  Such items should be submitted to the Board early enough that it does not have to make its final decision at its first consideration of the item if it has unresolved questions or decides not to accept the administration's recommendation at the first meeting the item is on the agenda.  In cases where the administration's recommendation is not accepted, consideration of alternatives shall occur at a subsequent meeting. 

The Board shall generally assess the administration's recom­mendation by whether it and the process leading to it are in accord with Board Policy and the General Objectives set forth in Section A of this policy, giving due deference to the administra­tion’s determination on whether a recommendation will meet General Objectives [1] and [2].

F.   Reports 

The administration shall  produce annual summaries on purchasing activities.  Such reports shall include:

[1]  purchase orders and contracts summarized by vendor (detail listing for orders and contracts greater than $25,000) awarded to official, certified HUBs, and also other historically underutilized businesses to the extent possible;

[2]  purchase orders and contracts summarized by vendor (detail listing for orders and contracts greater than $25,000) awarded to local vendors;

[3] state contract and state catalog purchases made summarized by vendor;

[4] all contracts over $10,000; and

[5] an explanation of consulting fees in excess of $5,000 to a single vendor in a fiscal year.

[6] a listing of any expenditures directly for administrative officers that exceed $5,000 or are unusual.

G. Responsible Contracting Practices

[1] In all purchasing and contracting decisions, employees shall make diligent efforts to include historically-underutilized-business (HUB) vendors and shall, where practicable, avoid practices that tend to exclude HUB vendors.  The College shall develop, maintain, and enhance the participation of minority-owned and women-owned firms in all phases of its procurement processes, supporting their efforts to compete for College business.

[2] The College shall encourage all vendors, suppliers,  contract­ors, and professionals with whom it does business to support the common goal of equal opportunity and economic participation for all citizens.  In the expenditure of College funds, neither the College nor its contractors and suppliers shall discriminate on the basis of sex, race, color, creed, religion, national origin, age, or sexual orientation, or on the basis of disabilities that do not significantly affect the quality of work.

[3] In deciding which functions to accomplish via external contractors, the administration shall take care not to support patterns of employment that fail to meet community compensation standards.

[4] Contracts shall be reopened on an equal basis to all qualified vendors at least once every five years (or on completion for contracts longer than five years).

H. Routine Real Estate Items

The President may sign on behalf of the College, easements and other agreements regarding real property owned or leased by the College, provided they are minor in nature, have been subject to consultation with legal counsel, and reported promptly to the Board for approval.  This authorization does not extend to the purchase, lease, or sale of real property or to covenants or restrictions.

The Austin Community College Board of Trustees adopted this policy on March 4, 1996 and amended it on September 9, 1996, March 3, 1997, January 5, 1998, May 1, 2000, June 5, 2000, October 2, 2000, April 2, 2001, July 9, 2001, March 31, 2003, and October 3, 2005.

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