Texas A&M University System Regulation 25.07.03 .

Emergency PurchasesAn emergency purchase is defined as "a purchase of goods or services so badly needed that [theinstitution/agency] will suffer financial or operational damage unless they are secured immediately."When possible, contact the Procurement Office prior to acquiring the goods or services. If the situation allows,informal bids will be taken. Department should submit a requisition after the order has been placed and include aletter of justification that must: State the reason for the emergency purchase by explaining what the emergency is and what caused theemergency situation. State the financial or operational damage that will occur if needs are not satisfied immediately; and State why the needs were not or could not be anticipated so that the items could have been purchased throughregular procurement procedures.BidsFor purchases where the estimated dollar amount is to exceed the threshold delegated to the Department,bids (either informal or formal must be solicited). Note: All bids for Construction or Facilities Maintenance orRenovations must go through SSC and not WTAMU’s Purchasing Department or individual University Departments.A. Informal bids may be gathered at the department level or by the Purchasing Department for the procurementof goods/services (not requiring a contract) where the expected cost is greater than 5,000 but less than 25,000.a. A minimum of three (3) vendors must be contacted with at least two of the three being HistoricallyUnderutilized Businesses (HUB), whenever possible.b. Quotes may be received via mail, hand delivered, e-mail or fax. Include the name of the person giving theresponse, email, phone number and fax number- date, pricing, delivery and any other relevant information.c. If the department is gathering the informal bid information, all documentation should be attached to aRequisition and sent through to the Purchasing Department for verification and purchase orderissuance.d. Should the Department choose to let the Purchasing Department solicit bids on its behalf:i) clear specifications accompany the requisition when routed to the Purchasing Department.ii) Departments should recommend vendors to the Purchasing Department willthen solicit vendors through the bid process. the Purchasing Department will notify the departmentof the bid results.iii) a vendor will be selected and a purchase order will be issued.B. Formal bids are required for the purchase of goods and/or services with an expected cost greater than 25,000. Formal bids may also be secured for goods and/or services with an expected cost greaterthan 5,000 at the discretion of the Purchasing Department.a. Departments should provide detailed specifications on or attached to the requisition.6

b. Departments should provide a list of suggested vendors.c. Formal bid invitations will be sent to vendors by the Purchasing Department. Additionally, the bid willbe posted on the Electronic Business Daily website as required by the State of Texas and the Texas A&MUniversity System as well as Procurement Services’s website.d. The standard solicitation and vendor response time for formal bid invitations is 14 business days unlessthe Historically Underutilized Sub-contracting (HSP) Plan is required, which can take up to 25 businessdays. After such time, the Purchasing Department will notify the Department of the bid results. Avendor will be selected, and a purchase order will be issued. The entire process can take between 6-8weeks.C. If the item can only be purchased from a single vendor, both a sole source letter (provided by the vendor)and a sole source justification letter (provided by the department) should accompany the requisition toensure this is the correct solicitation method.The department shall not enter into an agreement with the vendor, i.e. purchase the item without apurchase order issued by the Purchasing Department.Bid Submission, Bid Opening and TabulationA. Formal bid submission. Bids are solicited by the Purchasing Department on behalf of the requestingDepartment.The Department submits its requisition with detailed specifications which are then used in the creation ofthe bid. The completed bid is then sent out to respective vendors for consideration.a. Prospective bidders may request specific bid invitations from the Purchasing Department atany time prior to the bid opening.b. A bidder may withdraw its bid by written request at any time prior to the bid opening date and hour.c. A bid received after the time and date established by the bid invitation is a late bid and will not beconsidered.d. A bid received which does not contain adequate bid identification information on the outside of theenvelope will be opened to obtain such information and will then be processed as any other bid. If theincorrect information on the envelope causes the bid not to be considered in making an award, the bid willbe considered invalid and rejected.e. Bids may be submitted by telefacsimile (fax 806-651-2109). The telephone number for fax bid submissionwill be identified in the solicitation; no other number may be used for bid submission. Bids submitted byfax need not be confirmed in writing, but must comply with all legal requirements applicable to formalbids. If all or any portion of a bid submitted by fax is received late, is illegible, or is otherwise renderednon-responsive due to equipment failure or operator error, the bid or the applicable portion of the bid willnot be considered. The university shall not be liable for equipment failure or operator error, nor will suchfailure or error require other bids to be rejected or the bid invitation to be re-advertised. A bid that isreceived in the memory of a fax machine, prior to the bid opening time, will be considered valid.The official time for receipt of bids will be determined by the activity report printed by the faxmachine.f. Bids by telegram are not allowed.g. An unsigned bid is not valid and will be disqualified.h. A bidder or a department may request, in person at the bid opening, that bids be read aloud. No bidshall be required to be read aloud at any time other than during regular working hours and days.7

i. When formal bids are required, bids may not be taken or accepted by telephone, email etc. unlessspecified within the bid document or instructions.j. If an error is discovered in a bid invitation, or departmental requirements change prior to the opening ofa bid, the Purchasing Department will transmit an addendum correcting or changing the specificationsto all bidders originally listed on the transmission list for that bid invitation. Bids will not be rejected forfailure to return the addendum with the bid, if the change is noted on the bid or the product or servicespecification would not be changed by the addendum.k. By signing and submitting a bid to the Purchasing Department or to a department acting under delegatedpurchasing authority, a bidder affirms that it has not given or offered any economic opportunity,employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connectionwith the bid, and that it does not intend to give or offer any of the foregoing in the future. Signing a bid witha false statement shall void the bid and any resulting contract, and the bidder shall be removed from allfuture solicitations.B. Bid opening and tabulation.a. All bid openings conducted by the Purchasing Department shall be open to the public.b. Bid opening dates may be changed and bid openings rescheduled if bidders are notified in advance ofthe new opening date.c. If a bid opening is canceled, all bids will be returned to the bidders.d. All bid tabulation files are available for public inspection. Bid tabulations may be reviewed by anyinterested 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.Bid Evaluation and AwardA. Bid evaluation.a. The University may accept or reject any bid or any part of a bid or waive minor technicalities in a bid, ifdoing so would be in the University’s best interest.b. A bid price may not be altered or amended after bids are opened except to correct mathematical errorsin calculation of units x unit price.c. No increase in price will be considered after a bid is opened. A bidder may reduce its price provided itis the lowest and best bidder and is otherwise entitled to the award.d. Bid prices are considered firm for acceptance for 30 days from the bid opening date for bid solicitationsand 60 days for proposal solicitations, unless otherwise specified in the invitation for bids.e. A bid containing a self-evident error may be withdrawn by the bidder prior to an award.f. Bid prices which are subject to unlimited escalation will not be considered. A bidder may offer apredetermined limit of escalation and the bid will be evaluated on the basis of the full amount ofthe escalation.g. A bid containing a material failure to comply with the advertised specifications shall be rejected.h. All bids must be based on "F.O.B. destination – freight included" delivery terms unless otherwise8

specified.i. If requested in the invitation for bids, samples must be submitted or the bid will be rejected. Theuniversity will require samples only when essential to the assessment of product quality during bidevaluation. Samples for non-winning bids shall be returned to the bidder, whenever practicable, at thebidder's expense. Otherwise, samples will be disposed of in the same manner as surplus or salvageproperty.j. When brand names are specified, bids on alternate brands will be considered if they otherwise meetspecification requirements.k. Cash discounts are acceptable but are not considered in making an award. All cash discounts offeredwill be taken if they are earned by the University.l. No electrical item may be purchased unless the item meets applicable safety standards of the federalOccupational Safety and Health Administration (OSHA).B. Award.a. All awards shall be made to the bidder complying with the best value criteria stated in the bid documentand conforming to the advertised product or service specifications. In determining which bidder is offeringthe best value, the University shall consider price and may consider and evaluate the factors comprising thebest value criteria as may be set forth in the bid.i. In case of tie bids which cannot be resolved by application of one or more preferences describedin the Preferences section of these rules, an award shall be made by flip of a coin.value:ii. Best Value Factors. The University may consider the following factor(s) in determining best1. Any installation costs;2. The delivery terms;3. The quality and reliability of the vendor's goods or services;4. The extent to which the goods or services meet the agency's needs;5. Indicators of probable vendor performance under the contract such as past vendorperformance, the vendor's financial resources and ability to perform, the vendor's experienceand responsibility, and the vendor's ability to provide reliable maintenance agreements;6. The impact on the ability of the University to comply with laws and rules relating toHistorically Underutilized Businesses or relating to the procurement of goods and services frompersons with disabilities;7. The total long-term cost to the University of acquiring the vendor's goods or services;8. The cost of any employee training associated with the acquisition;9. The effect of an acquisition on University productivity;10. The acquisition price; and11. Any other factor relevant to determining the best value for the University in the context of9

a particular acquisition that is sufficiently described in a solicitation instrument.C. Selection and Publication of Best Value Criteria.a. In any procurement conducted under the requirements of the Bid Evaluation and Award section, theUniversity must identify the specific factors to be analyzed in determining best value. The selection ofbest value criteria must be tailored to the specific needs of the University and must not necessarily limitcompetition or discourage the achievement of University procurement objectives.b. Every purchase of goods or services conducted in accordance with the requirements of the BidEvaluation and Award section must include consideration of price as a factor.c. The University must publish notice of the specific criteria to be employed by the University indetermining best value. The notice may be published in the solicitation instrument, public notice, or publicannouncement of a proposed procurement of goods or services.d. All bid tabulation files are available for public inspection. Bid tabulations may be reviewed by anyinterested 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.Centralized Master Bidders ListA. Texas Procurement and Support Services (TPASS) maintains the Centralized Master Bidders List (CMBL) of thenames and addresses of vendors that have applied and have been accepted for inclusion on the CMBL. The CMBL ismaintained for the State's use in obtaining competitive bids for purchases, for registering vendors who wish to bedesignated as qualified information systems vendors and for identifying certified HUB vendors. No vendor will beplaced on the CMBL to receive bid invitations for information purposes only. Bid invitations and requests forproposals may be transmitted to vendors on the CMBL for solicited commodities and/or services.B. An error in addressing a bid invitation or request for proposal or a failure of the post office to deliver thesolicitation will not be sufficient reason to require the University to reject all other bids or proposals.West Texas A&M University will use the CMBL for selecting bidders for bid solicitations but may alsosupplement the CMBL with vendors having the known ability to supply the product(s)/servicesrequested.Competitive Sealed ProposalsWest Texas A&M University has adopted the State of Texas Contract Management Guide for the acquisition ofgoods and services by the competitive sealed proposal process.Accessibility Standards for EIRFor detailed information regarding the requirements for the University’s EIR Accessibility Standards, pleasevisit the following link: 9-01-04-W1FINALweb.pdfComputersA department needing to purchase a new desktop or laptop should first contact IT Services Department. Theirstaff will assist in putting together specifications and/or in getting a formal quote. IT Services must approve allcomputer purchases either by a signature on the Requisition or with an attached formal quote bearing thedesignee’s name. The requisition will route for approval, then to the Purchasing Department who will securethe item(s).10

Mobile Communication Devices will be governed by the following nsulting ServicesA sometimes confusing aspect of dealing with a consultant contract is recognizing one. A contract with someonewho calls himself or herself a consultant is not necessarily a “consultant contract” within the meaning of theGovernment Code.Texas Government Code, Chapter 2254, Subchapter B, defines “consulting service” as the service of studying oradvising a state agency under a contract that does not involve the traditional relationship of employer andemployee.Studying or advising is the core of a true consultant contract and should be construed broadly. To “study” a stateagency typically would mean to consider some aspect of the agency in detail, such as its financial status or itsmethod of performing an administrative function, and to present that information to the agency. To “advise” a stateagency typically would mean to provide a recommendation or identify options with respect to some course ofaction. The service of studying or advising also would include certain direct activities, such as “to assist” or “tocoordinate” unless those activities are performed with respect to an exempted service.One way to recognize whether a would-be consultant is “studying or advising” as opposed to doing something else,is to look at the deliverable involved. Generally speaking, a true “consultant” delivers information or providesassistance that enables the state agency to take some course of action. On the other hand, if the information simplyenables the would-be consultant to take some course of action on the agency’s behalf which is itself not aconsulting service (such as developing software), then one is likely not dealing with a true “consultant contract”within the meaning of the code.However, the State recognizes that sometimes true consultant contracts will necessarily involve a mixture ofconsulting (studying or advising) and other services. Such contracts are referred to as “mixed” contracts.According to Texas Government Code, Section 2254.038, “A mixed contract is still a true consultant contract whenthe primary objective is to study or advise”.Before entering into a consulting contract, consult the Purchasing Department for guidance. As ageneral rule, however, the following limits apply:A. For consulting services less than 50,000, no bids are required. The Department will be required to submita “Best Value” letter stating why the particular consultant was chosen.B. For consulting services greater than 50,000, formal bidding through either a Request for Qualification (RFQ)or Request for Proposal (RFP).The transaction must be completed by the Purchasing Department to ensure legislative requirements are satisfied.Customized ProductsA customized product is defined as any product that is especially prepared for West Texas A&M University and mustbe purchased from an Approved LicenseeTypes of customized products include but are not limited to:Specialty imprinted productsPrintingScreened products, including clothing11

Because of production methods common to the industry, customized products are subject to quantityvariations either above or below the quantity ordered.Limitations to such under/overruns are limited to 10% of the quantity ordered.If under/overruns are not acceptable, then the bid or the purchase order must state "EXACT QUANTITY – NOUNDER/OVERRUNS WILL BE ACCEPTED".Overruns in excess of the 10% percent will be considered a no-charge donation to the University.The invoice will be adjusted to the allowable overage based upon the original net quantity indicated on thepurchase order.Emergency PurchasesEmergency purchases. An emergency purchase is defined as “a purchase of goods or services so badly needed thatan agency will suffer financial or operational damage unless they are secured immediately”.the Purchasing Department will approve an emergency purchase in accordance with the following provisions:A. At least three informal bids must be obtained whenever possible on all purchases in excess of 5,000.B. For emergency purchase of goods or services exceeding 5,000, a department must send a full writtenexplanation of the emergency along with other documentation listed below:a. State the reason for the emergency purchase by explaining what the emergency is and/or what causedthe emergency situation;b. State the financial or operational damage that will occur if needs are not satisfied immediately (do not justsay there will be a loss or some damage); andc. State why the needs were not or could not be anticipated so that items could have been requisitioned throughthe Purchasing Department or purchased following regular delegated procurement procedures.C. The department shall contact the Purchasing Department for advice and assistance in thehandling of emergency purchases. the Purchasing Department may not approve anemergency purchase unless the department has complied with either of the aboverequirementsExempt PurchasesDue to the nature of the purchase, certain goods and services cannot be competitively bid. Below is a list ofgoods and services West Texas A&M University will exempt from the competitive bid pr

Purchase Order or a Signed Purchase Order is . sent. to the vendor, by means of an approved requisition. All reimbursements are subject to approval from the Purchasing Department. After-the-Fact Purchases An After-the-Fact (ATF) purchase occurs when a department makes a purchase before a purchase order number is issued or procurement card is used.