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Best Value Procurement (C-7)

Original Implementation: January, 1988
Last Revision: January 30, 2007

PROCUREMENT PROCESSES

Stephen F. Austin State University makes purchases, not otherwise delegated through Policy C-10 Delegated Purchasing Authority, on a best value basis through any of the following processes. All procurement processes require Board of Regents approval as per Policy D-20.5 Items Requiring Board of Regents Approval. HUB Subcontracting Plan requirements apply in accordance with University Policy C-16.5 Historically Underutilized Businesses and state law.

A. All purchases completed with state funds must first consider making the purchase from Texas Industries for the Blind and Handicapped (TIBH) as mandated by Education Code 51.9335 to promote the purchase of goods or services from persons with disabilities.

B. Purchases $0 - $5000 are to be negotiated to achieve the best value for the University.

C. The University may purchase goods or services through competitive sealed bid procedures with the following minimum bidder requirements. A justification must be included in the order file if these minimums are not met.

1. $5000.01 - $24,999.99 – Minimum 3 informal bids required; minimum 50% HUB vendors including one woman-owned and one minority-owned

2. $25,000 and greater – Minimum 5 formal bids required; minimum 50% HUB vendors including one woman-owned and one minority-owned; Electronic State Business Daily posting required, unless Purchasing determines that no value is added by the posting.

In determining best value for Competitive Sealed Bids, the University shall consider best value factors identified in Education Code 51.9335.

D. The University may purchase goods or services through the competitive sealed proposal process outlined in the Purchasing Department RFP Manual and TBPC Contract Management Guide. All competitive sealed proposals shall include an appropriate number of solicitations to be determined by the Purchasing Department, including HUB vendors of any gender and ethnicity when identified as providing the good or service identified. Electronic State Business Daily posting required, unless Purchasing determines that no value is added by the posting. 

E. The University may purchase goods or services through the process established in Government Code, Title 10, Chapter 2157 for the acquisition of automated information systems goods and services by the catalog purchase procedure. Use of this procedure requires the award be made to a Catalog Information Systems Vendor (CISV) as identified by the TBPC.

F. The University may purchase goods or services through group purchasing programs.

G. The University may purchase goods or services through State of Texas Term Contracts, State of Texas Multiple Award Schedules, and DIR/Tex-An Contracts.

H. The University may purchase goods or services through reverse auctions. 

I. The University may purchase goods or services through other state agency contracts when such contracts are available and have followed approved purchasing processes.

J. The University may purchase goods or services on an EMERGENCY basis. An emergency purchase is defined as the purchase of goods or services that are so badly needed that the agency will suffer financial or operational damage if they are not secured immediately.  A procurement may be declared an emergency at the buyer’s discretion in consultation with the end user and upon approval by the Director of Purchasing.  Declaration of an emergency supersedes all other best value procurement rules. The University will attempt to obtain bids, price comparisons or proposals when sufficient time exists by utilizing the most effective procurement process, including the Electronic State Business Daily, when value is added by using such processes. 

EXEMPT PURCHASES

The following purchases are exempt from best value procurement processes. Submission of a purchase requisition and other rules may apply.

  1. Classified Advertising

  2. Hotels and Conference Rooms

  3. Conference Expense; expenses related to conference room services such as audio/visual/network and food services. ( does not include goods purchased for attendees or transportation services.)

  4. Moving Expenses (employee) — See Policy C-21 Moving Expenses

  5. Student Travel; expenses related to student travel

  6. Library materials for Stephen F. Austin State University Libraries, in accordance with Gov’t Code 2155.139, when such exemption represents the best value to the University

  7. Membership fees and dues

  8. Newspaper and magazine subscriptions, books, videos and software direct from the publisher

  9. Freight

  10. Intra-agency payments

  11. (11) Rental of exhibit space; i.e., booths for display purposes

  12. Items for resale

  13. Internal Repairs

  14. Purchases from Federal agencies

  15. Utilities, other than electricity for which SFA chose to opt into deregulation

  16. Goods and services for the Early Childhood Lab, Beef Farm, Poultry Farm, Broiler Houses, and Swine Farm when the purchase directly affects operations and such exemption represents the best value to the University

  17. Group Travel; expenses related to group travel when such group travel includes non-University persons and is funded by payment from individual travelers; i.e., Art Tour

  18. Prizes and Award for students, employees and non-University individuals

  19. Accreditation Fees

  20. Tournament Fees or Game Guarantees

  21. Licensing Fees or Permits

  22. Employee Registration or Tuition

COMPETITIVE SEALED BID SUBMISSION, BID OPENING, AND TABULATION

Bid Submission  

  1. Prospective bidders may request specific bid invitations from the Purchasing Department at any time prior to the bid opening;

  2. A bidder may withdraw its bid by written request at any time prior to the bid opening date and hour;

  3. A bid received after the time and date established by the bid invitation is a late bid and will not be considered;

  4. A bid received which does not contain adequate bid identification information on the outside of the envelope will be opened to obtain such information and will then be processed as any other bid. If the incorrect information on the envelope causes the bid not to be considered in making an award, the bid will be considered invalid and rejected;

  5. Bids may be submitted by telefacsimile (fax). The telephone number for fax bid submission will be identified in the solicitation; no other number may be used for bid submission. Bids submitted by fax need not be confirmed in writing, but must comply with all legal requirements applicable to formal bids. If all or any portion of a bid submitted by fax is received late, is illegible, or is otherwise rendered non-responsive due to equipment failure or operator error, the bid or the applicable portion of the bid will not be considered. The university shall not be liable for equipment failure or operator error, nor will such failure or error require other bids to be rejected or the bid invitation to be re-advertised.

  6. An unsigned bid is not valid and will be disqualified;

  7. A bidder or department may request, in person at the bid opening, that bids be read aloud. No bid shall be required to be read aloud at any time other than during regular working hours and days;

  8. When formal bids are required, bids may not be taken or accepted by telephone;

  9. If an error is discovered in a bid invitation, or agency departmental requirements change prior to the opening of a bid, the Purchasing Department will transmit an addendum correcting or changing the specifications to all bidders originally listed on the transmission list for that bid invitation. Bids will not be rejected for failure to return the addendum with the bid, unless otherwise noted, if the receipt of the addendum is acknowledged on the face of the bid.

Bid opening and tabulation.

  1. All bid openings conducted by the Purchasing Department shall be open to the public.

  2. Bid opening dates may be changed and bid openings rescheduled if bidders are properly notified in advance of the opening date.

  3. If a bid opening is canceled, all bids which are being held for opening will be returned to the bidders.

  4. All bid tabulation files are available for public inspection. Bid tabulations may be reviewed by any interested person during regular working hours at the offices of the Purchasing Department. Employees of the university are not required to give bid tabulation information by telephone.

 

Cross References: Items Requiring Board of Regents Approval (D-20.5); Historically Underutilized Businesses (C-16.5); Delegated Purchasing Authority (C-10)

Responsible for Implementation: Vice President for Finance and Administration

Contact for Revision: Director of Purchasing and Inventory/HUB Coordinator

Forms: Purchase Requisition, Purchase Voucher