Procurement

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The Procurement Services Department at Bloomsburg University (BU) adopted the Institute for Supply Management (ISM) standards and code of ethics for application in the performance of its fiduciary responsibilities to the university.

The following are the list of standards, guidelines, and principles upon which the BU Procurement Services Department personnel are bound.

Integrity in Your Decisions and Actions Value for Your Employer Loyalty to Your Profession

From these principles are derived the ISM standards of supply management conduct:

Standards

1. Perceived Impropriety. Prevent the intent and appearance of unethical or compromising conduct in relationships, actions, and communications.
2. Conflicts of Interest. Ensure that any personal, business, or other activity does not conflict with the lawful interests of your employer.
3. Issues of Influence. Avoid behaviors or actions that may negatively influence, or appear to influence, supply management decisions.
4. Responsibilities to Your Employer. Uphold fiduciary and other responsibilities using reasonable care and granted authority to deliver value to your employer.
5. Supplier and Customer Relationships. Promote positive supplier and customer relationships.
6. Sustainability and Social Responsibility. Champion social responsibility and sustainability practices in supply management.
7. Confidential and Proprietary information. Protect confidential and proprietary information.
8. Reciprocity. Avoid improper reciprocal agreements.
9. Applicable Laws, Regulations, and Trade Agreements. Know and obey the letter and spirit of laws, regulations, and trade agreements applicable to supply management.
10. Professional Competence. Develop skills, expand knowledge, and conduct business that demonstrates competence and promotes the supply management profession.

Standards and Guidelines

Preamble

A distinguishing characteristic of a profession is that practitioners combine ethical standards with the performance of technical skills. Supply management professionals must subscribe to a set of ethical principles and standards to guide individual and group decisions and actions.

Our ethical principles are integrity, value, and loyalty. From these principles our standards are established to (1) encourage adherence to uncompromising ethical behavior, (2) increase awareness and acceptance of ethical conduct, and (3) emphasize the role of ethics when formulating decisions.

These standards are guidelines for use by all who manage or influence the supply chain. The standards do not supplant an organization’s policies, but are a model for consideration.

Every supply management professional is responsible to strive for acceptance and adherence to these ethical standards. Organizations are encouraged to develop, publish, and enforce an ethics policy that supports these standards. The ethics policy should be shared with all employees, including those outside the supply organization, and with suppliers.

Information contained in this booklet will provide insight for handling difficult day-to-day matters. However, standards and guidelines cannot cover every situation and do not take the place of good judgment or sensitivity to other cultures, laws, customs, and practices. When in doubt, consult with management, professional colleagues ... and, of course, your conscience.

1. Perceived Impropriety

Prevent the intent and appearance of unethical or compromising conduct in relationships, actions and communications.

Supply management professionals deal with internal and external customers and suppliers. Interaction and treatment between supply professionals and these constituents must be honest and fair-minded. Avoid actions that appear to, or actually do, diminish ethical conduct. Consequences of a perceived impropriety can be the same as consequences of an actual impropriety.

Recommended guidelines for preventing perceived impropriety:

• Maintain business professionalism in all communications.
• Work to identify situations which, even through unanticipated circumstances, may negatively impact business relationships.
• Discuss an actual or potential impropriety with management. Take action as appropriate.
• Promote actions throughout the organization that alleviate the suspicion of impropriety.
• Select outside business and event venues with care to manage possible misperceptions by the business community or others.
• Avoid excessive discussion of personal matters.

2. Conflicts of Interest

Ensure that any personal, business or other activity does not conflict with the lawful interests of your employer.

Supply management professionals must not use their positions to induce another person to provide inappropriate benefits to themselves or others. This includes family, business, personal or financial relationships. Even though a conflict may not technically exist, supply management professionals must avoid the appearance of such a conflict.

Recommended guidelines to avoid and manage conflicts of interest:

1. Potential Conflicts: Discuss actual or potential conflict(s) of interest with management. Reassign supply management responsibilities if warranted or appropriate.
2. Guidance on Conflicts: Notify the appropriate person for guidance or resolution when a potential conflict of interest arises.
3. Conflict of Interest Statements: Advocate that your employer obtain and review conflict of interest statements that encourage employees to disclose any potential conflict of interest upon initial employment and annually thereafter.
4. Secondary Business/Employment: Do not harm the interests of your employer through a secondary business or other employment.
5. Personal Business: Do not engage in inappropriate personal business with your employer, employer’s competitors, or suppliers. For example, lending money to, or borrowing money from, any customer or supplier.
6. Investments or Business Ownership: Report, for review and guidance, personal and immediate family ownership of stock, or other equity in your employer, employer’s suppliers, competitors, or customers.
7. Inside Information: Do not use inside information for personal gain.
8. Outside Activities: Do not misuse your position as an employee to the detriment of your employer or its reputation.

3. Issues of Influence

Avoid behaviors or actions that may negatively influence, or appear to influence, supply management decisions.

Every person in a position to influence a supply decision must avoid any activity that may diminish, or even appear to diminish, the objectivity of the decision-making process. Interests of the employer must be served by those who are a part of the supply process.

Influence is a factor in almost all business decisions. Use care to evaluate the intent and perception of influence on supply management decisions. Clarity can often be gained by asking questions such as:

Is the business activity in the best interest of the employer?

How will the business activity be perceived by peers and others?

Sources of influence can be introduced into relationships between buyers and sellers, including:

Employer policies

1. Gifts, gratuities, or entertainment
2. Business meals
3. Relationships
4. Product samples
5. Political matters
6. Advertising
7. Market power
8. Specifications and standards

Recommended guidelines for dealing with matters of influence:

Guidelines cannot cover every situation and do not take the place of good judgment or sensitivity to other cultures, laws, customs, and practices.

1. Employer Policies: Supply management professionals should encourage and recommend the development and implementation of policies that eliminate or reduce inappropriate influences on the supply process.
2. Gifts, Gratuities, and Entertainment: The giving or receiving of gifts, gratuities, or entertainment has the potential to influence buying decisions. These may be offered to a supply professional, to others involved with a buying decision, or to a family member.
3. Manage and evaluate carefully the acceptance of gifts, gratuities, or entertainment, even if the value is small. Develop and communicate a written policy.
4. Consider the frequency of giving or receiving gifts, gratuities, or entertainment and measure the “collective impact.”
5. Ensure that you abide by the letter and the spirit of guidelines and policies.
6. Do not solicit gifts, gratuities, or entertainment for yourself, your employer, or your family.
7. Avoid accepting monies, loans, credits, and preferential discounts.
8. Seek direction from management if you are concerned that a business relationship may be impaired or appear to be impaired by refusal of a gift, gratuity, or entertainment.
9. Business Meals: Meals are occasionally required when conducting business and are often a part of building business relationships.
10. Use care to ensure a meal is for a specific business purpose.
11. Avoid frequent meals with the same supplier.
12. Share ongoing meal costs with the supplier.
13. Relationships: Avoid situations where relationships may negatively impact business decisions.
14. Product Samples: Product samples may be offered by suppliers or requested by the buying organization for testing or other purposes. Document transactions covering the acceptance and use of product samples. Clarify the responsibility for the cost of samples, and address any obligation for sharing test results with the supplier.
15. Political Matters: All organizations are subject to internal and external forces and pressures. Internal forces and pressures result from an organization’s culture. External forces and pressures result from economic conditions, laws, regulations, public opinion, special interest groups, and political entities. The negative influence of internal and external forces and pressures on supply management can be minimized when the organization adopts, communicates, and behaves based on ethical principles and standards.
16. Advertising: Exercise care when accepting advertising or promotional items, participating in activities that promote one supplier over another, or participating in activities that could be perceived as preferential treatment.
17. Market Power: Supply management professionals must be aware of their organization’s position (e.g., economic size, power, etc.) in the marketplace and ensure that this position is used within the scope of ethical behavior.
18. Specifications and Standards: Supply management professionals must ensure that specifications and standards are objectively developed and communicated.

4. Responsibilities to the Employer

Uphold fiduciary and other responsibilities using reasonable care and granted authority to deliver value to your employer.

As an agent for the employer, the supply management professional serves the fiduciary and lawful interests of the employer to the exclusion of personal gain. This requires application of sound judgment and consideration of both legal and ethical implications.

Recommended guidelines for satisfying responsibilities to employers:

1. Understand the agency authority granted by your employer.
2. Obtain the maximum value for your employer.
3. Avoid activities that compromise, or create the perception of compromising, the best interests of your employer.
4. Notify your employer of known or suspected unlawful or unethical activities.
5. Avoid unauthorized use of your employer’s name.
6. Avoid using the employer’s purchasing power to make purchases for specific individuals’ non-business use. If employer-sponsored personal purchasing programs exist, make certain that the arrangements are fair to suppliers, employees, and the employer.

5. Supplier and Customer Relationships

Promote positive supplier and customer relationships.

Supply management professionals are responsible for developing and maintaining effective business relationships with suppliers and customers. Impartiality across all business interactions and transactions enhances the reputation and good standing of the employer, the supply management profession, and the individual supply professional. Long-term relationships with key suppliers should not prevent establishing appropriate working relationships with other suppliers.

Recommended guidelines for maintaining positive supplier and customer relationships:

1. Develop and implement policies and procedures for business processes that are fair, unbiased, and applied consistently.
2. Encourage prompt and fair problem resolution.
3. Avoid unreasonable demands.
4. Communicate promptly, openly, and directly.
5. Establish a process for suppliers and customers to notify your employer of known or suspected unlawful or unethical activities.

6. Social Responsibility and Sustainability

Champion social responsibility and sustainability practices in supply management.

Supply management professionals are in a position to lead and direct the development and integration of sustainability and social responsibility policies and strategies into the business and supply chain. Supply professionals are also in the position to reinforce the importance of personal commitment and how they impact sustainability and social responsibility initiatives and outcomes.

While there are many key and important facets of sustainability and social responsibility, the specific areas of diversity and inclusiveness (supply base and workforce), human rights, and environment are addressed below.

Recommended guidelines for support of diversity and inclusiveness - supply base:

1. Provide socially diverse suppliers the opportunity to participate in sourcing opportunities.
2. Promote inclusion of diverse suppliers in the organization’s supplier development and mentoring programs.
3. Ensure long-term program sustainability through application of forward-thinking concepts beyond price.

Recommended guidelines for support of diversity and inclusiveness — workforce:

1. Drive employee diversity within the organization.
2. Proactively promote diverse employment practices throughout the supply chain.

Recommended guidelines for support of human rights:

1. Treat people with dignity and respect.
2. Support and respect the protection of international human rights within the organization’s sphere of influence.
3. Lead the organization and its supply chain to ensure application of human and employment rights.

Recommended guidelines for support of the environment:

1. Encourage the organization to be proactive in examining and implementing opportunities to be environmentally responsible throughout the supply chain.
2. Encourage environmental responsibility across the supply base.
3. Promote development and diffusion of environmentally friendly (“green”) practices and products throughout the organization and supply chain.
4. Champion consumption of environmentally responsible products and services within the organization.
5. Design and redesign products and services to effect positive environmental improvement.
6. Develop a complete understanding of the organization’s environmental footprint and its impact on sustainability. Implement strategies to reduce and eliminate negative footprint impact.
7. Implement market intelligence capabilities to address changes in domestic and international legislation.

7. Confidential and Proprietary Information

Protect confidential and proprietary information.

Confidential and proprietary information requires protection and should be shared with others only when needed. Access must meet ethical guidelines, contractual obligations, and government regulations. Supply management professionals should ensure that recipients of confidential and proprietary information know that they have an obligation to protect it.

Examples of information that may be considered confidential or proprietary include:

• Pricing
• Contract terms and conditions
• Bids and quotations
• Product costs
• Descriptions of formulas and processes
• Designs and drawings
• Organizational plans, goals, and strategies
• Financial information not available from public sources
• Information that may influence stock prices
• Wages and salaries
• Personal information about employees, officers, and directors
• Sources of supply
• Computer software programs

Recommended guidelines for confidential and proprietary information:

1. Develop and communicate a policy regarding protection of confidential and proprietary information.
2. Mark and identify confidential and proprietary information appropriately.
3. Use nondisclosure agreements that state the terms for use of confidential and proprietary information.
4. Accept no confidential or proprietary information unless you have the right and need to use it.
5. Protect confidential and proprietary information given to you.
6. Require that confidential and proprietary information given to others be protected by them.
7. Use confidential and proprietary information only for its intended purpose.

8. Reciprocity

Avoid improper reciprocal agreements.

Reciprocity is both a legal and an ethical issue that may result in legal sanctions against the organization, its management, and/or its supply management personnel.

When supply management professionals or their organizations give preference to suppliers because they are also customers, or when the organization influences a supplier to become a customer, the professional or the organization is engaging in a practice known as reciprocity. Agreements involving a specific commitment to buy in exchange for a specific commitment to sell also constitute reciprocity.

Recommended guidelines for dealing with reciprocity:

1. Understand suppliers that are also customers may not be a problem if the customer/supplier is the best source.
2. Use care with supplier lists and ensure they are not provided to others for their use in pursuing improper reciprocal agreements.
3. Apply and obtain accounting, legal, and ethical guidance when potential issues of reciprocity arise.
4. Recognize that forcing a supplier into a trading relationship is not appropriate.
5. Recognize that reciprocal relationships may be an illegal restraint of trade in some countries.

9. Applicable Laws, Regulations, and Trade Agreements

Know and obey the letter and spirit of laws, regulations, and trade agreements applicable to supply management.

Supply management professionals should develop and maintain an understanding of the legal concepts that govern their activities as agents of their employers in the countries in which they operate. These include laws, regulations, and trade agreements at the international, national, state, provincial, and local levels. In addition, it is common for industries to have unique regulations and laws that supply managers in those fields must comply with.

Some examples of laws and regulations that supply management professionals should be aware of include:

• Agency law
• Contract and commercial laws
• Electronic commerce laws
• Antitrust laws
• Trade agreements
• Trade regulations
• Industry-specific laws and regulations
• Government procurement regulations
• Patent, copyright, trade secret, and trademark laws
• Environmental laws
• Employment laws and regulations
• Worker health and safety laws
• Transportation and logistics laws and regulations
• Financial laws and regulations

Additional laws as appropriate

Recommended guidelines for understanding and complying with applicable laws, regulations, and trade agreements:

1. Seek training in legal aspects that govern conduct of supply management professionals.
2. Supply managers are responsible for understanding and following laws, regulations, and trade agreements that are specific to the countries in which they are doing business. Seek legal counsel when conflicts may exist.
3. Interpreting the laws is the responsibility of legal counsel. Involve legal counsel early in analysis and planning to identify and avoid potential legal issues.
4. Supply managers involved in governmental procurement must understand and apply laws that are specific to their particular governmental body.

10. Professional Competence

Develop skills, expand knowledge, and conduct business that demonstrates competence and promotes the supply management profession.

Competence is expected of supply management professionals. Developing business skills and increasing knowledge of supply management demonstrates a commitment to the profession and positively impacts you, your employer, peers, and suppliers. Professional development requires continuing education.

Recommended guidelines for achieving a high level of professional competence:

1. Conduct periodic self-assessments of your knowledge of supply management and business.
2. Establish a self-development program designed to remain current with changes impacting the supply management profession.
3. Mentor and teach those who want to learn from you.
4. Earn and maintain the Certified Professional in Supply Management (CPSM), Certified Purchasing Manager (C.P.M.), and other professional credentials.
5. Become actively involved in a supply management and other professional associations.
6. Encourage, support, and participate in ongoing ethical training.
7. Encourage ongoing professional development of employees and suppliers.
8. Personally adopt and promote the ethical standards expected of a supply management professional.

As a public entity and a member of the Pennsylvania State System of Higher Education (PASSHE) certain bidding requirements are either mandated or have been adopted by Bloomsburg University as good business practice. The Commonwealth of Pennsylvania Procurement Code known as Act 57 requires that bids be solicited for all purchases exceeding $19,700 with a few specific exceptions. Any exception to the competitive bidding requirement must be approved in advance by Purchasing and Contract Services.

All procurements must be authorized in advance by Procurement and Contract Services.

Procurements in amounts of $1000 or less generally are handled by the University’s Procurement Card whenever possible and appropriate. More information about the University’s Procurement Card (P-Card) is available here.

Any tangible object is considered to be a commodity/good and procured through a Purchase Order (PO). Services are considered to be an intangible product and are procured through a Service Purchase Contract (SPC). Services include but are not limited to services provided by speakers, conference/workshop site providers, repairs to equipment, etc.

Once the need for commodity/good or service is known, a requisition must be entered into the SAP financial system. More information about SAP/E-Requisition and training opportunities is available in the SAP section below. 

A Purchase Order, Service Purchase Contract and/or any other contract must be fully executed before the good is received or a service commences. Signature requirements also known as Contracting Authority for a Purchase Order, Service Purchase Contract and/or any other contract are dictated by University policy. The primary person delegated with the authority to enter into contracts on behalf of the University is The Vice President for Administration and Finance. In the event of his absence, that responsibility shall fall to The Assistant Vice President for Finance, Budget and Business Services. No other individual has contracting signatory authority on behalf of the University unless delegated in advance and in writing by The President.  

Generally Purchase Orders will be processed within 5 -7 business days of receipt of the requisition by Procurement. If the item requested needs to be bid please allow 2 – 3 weeks to process the Purchase Order. Generally Service Purchase Contract requires a minimum of 3 - 4 weeks to be completed by Procurement.

Training opportunities are available for the campus community on a variety of topics including procurement rules and regulations, how BU purchases goods and services, construction procurement and e-requisitioning. 

The established best practices work to ensure a smooth procurement function at Bloomsburg University. The staff in the Procurement and Contract Services are procurement professionals with many years of experience. The campus community does not have to remember all the rules and regulations; that is our job!

For more information please contact our office. 

Full Details

Procurement Training Materials

The following Procurement training materials are available to assist you. Please contact the Procurement Office if you need assistance.

• Quick Reference Guide for Requisitioners
• Create purchase requisitions via the same portal you request and approve leave slips.
• Purchase Requisitions (Creating/Editing/Deleting, etc.)
• Purchase Requisition Approval Instructions
• Encumbering Funds for Travel and Miscellaneous Requests (FMX1)
• Vendor List, Create Personal List of Vendors You Use
• Adding Attachments to Purchasing Documents/Records
• SAP Training – Material Groups, Portal Requisitioning and Refresher
• SAP Report - View Dollars Spent

Other Department Specific SAP Resources

• Business Intelligence (BI) reporting instructions
• Purchases by Recipient

Determining whether a department should hire an employee or an independent contractor can be challenging. A department might be facing budget constraints that would make hiring someone as an independent contractor easier than hiring that same person as an employee. However, these decisions should not be based on budgetary, or other constraints. There are important tax and non-tax consequences to both the University and the individual for misclassification of a worker. If a worker has been misclassified, the Internal Revenue Service can reclassify the individual and the reclassification could result in the department being liable for taxes, and any associated penalties and interest. To prevent this, the Internal Revenue Service (IRS) has provided clear guidance in determining how to classify an individual.

The University expects that departments will adhere to the Guidelines on determining whether an individual should be hired as an employee or as an independent contractor. An individual must be properly characterized before a contract is signed and before payment is made.

Employee Versus Independent Contractor Form

Responsibility for Initial Determination of the Classification

Departments are responsible for the initial classification of an individual as an employee or an independent contractor. There are three degrees of control that must be considered in making the determination.

Behavioral:

Does the BU control or have the right to control what the individual does and how the individual does his or her job?

Read more - http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Behaviora...

Financial:

Are the business aspects of the individual's job controlled by the BU? (These include things like how the individual is paid, whether expenses are reimbursed, who provides tools/supplies, etc.).

Read more - http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Financial...

Type of Relationship:

Is there a written contract? Is the individual being provided employee-type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business? For example, the BU is an institution of higher education whose core mission is education. An individual who is teaching a course would more likely be considered an employee because the work is a key aspect of the BU's mission.

Read more - http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Type-of-R...

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Departments should weigh all of these factors when determining whether an individual should be classified as an employee or independent contractor. Some factors may indicate that the individual is an employee, while other factors indicate that the individual is an independent contractor. The determination does not fall on a single nor a set number of factors. Rather, the key is to look at the entire relationship, consider all factors, and make the determination based on the degree of overall control.

To assist to making the determination, complete the Employee Versus Independent Contractor Form. If it is determined that the individual should be classified as an employee, the individual should be placed on and paid through the University Payroll system.

Procurement Thresholds & Cycle Times

Speaker Engagement Contract

Please contact the Procurement Department if you need assistance.

Forms

• ACH Request
• Annuitant Certification
• Commitment Item/GL Account Listing and Descriptions
• General Invoice Form
• Justification/Approval for Food Purchases
• Justification/Approval for Gift/Award/Promotional Purchases
• Foreign Source Certification
• Outline Agreement
• Settlement Agreement (Release of Claims)
• Mail Services Shipping Request Form
• W-9 form
• W-8BEN form - Certificate of Foreign Status, Tax Withholding

Resources

The Procurement Department has established service purchase outline agreements (SPOA’s) for a variety of repetitive services. (See link for a listing of the current SPOA’s, their authorized value and remaining balance).

Please call the Procurement Dept to use one of them — you will be issued a rush order (RO) number as your authorization, and a purchase requisition is required to be submitted with the invoice to make payment.

If you need service from a vendor not on the list, email PurchasingROApproval to initiate the SPOA process; an RO # will be issued upon completion of a contract.

Please note that no service should take place until a contract has been executed.

The Procurement Department policies and procedures are located on secure pages. Employees must log in, using their network login and password, in order to view them.

Policies and Procedures

The purpose of this section is to provide policy and procedure to insure that all university furnishings and equipment which are either to be moved within departments on campus or disposed, if deemed ho longer needed by a department, is done effectively and in accordance with the property management procedures of Bloomsburg University.

Policy 5460 - Disposal/Movement of Fixed Assets/Equipment

Procurement Office Policy/Procedure

Surplus Move Process Flowchart

Contact Information
Jeff Ulanoski, Assistant Director of Procurement | email
570-389-4313

How to do Business Guide

The above guide has been prepared to assist you in your contacts with the University and to familiarize you with the functions of the Procurement Department, Construction Procurement Office, Accounts Payable Department and other departments at the University. We hope this information will help you to better understand our organization and its purchasing procedures. Please do not hesitate to contact us with any suggestions or questions. We look forward to doing business with you.

The Construction Procurement Department has primary responsibility for construction, rehabilitation and renovation procurement and real property transactions (leases, agreements of sale, rentals). It also has responsibility for certain specialty contracts, such as Professional Service Agreements (Architectural, Engineering, Construction Management, etc.), and coordination of open-ended agreements initiated by the State System of Higher Education Construction Support Office.

The Procurement Department has primary responsibility for the purchase of all goods and non-construction services on campus. This includes all categories of supplies, equipment and furnishings. Service contracts and other forms of contracts from this office include, but are not limited to: the provision of Food Service, Interpreter Services, Elevator Service, Library Acquisitions, Maintenance Agreements, Scientific Equipment Service, Consultant Services, Refuge Collection and Disposal, Specialty Mailing Services, Pest Control, Specialty Software, Graphics and Printing Services and Copier Acquisition/Services, etc. All businesses are invited to deal with Bloomsburg University. Minority and women owned businesses are encouraged to apply.

WHAT WE PURCHASE:

The dollar volume of Bloomsburg University purchases and contracts is significant. Procurement activity supports academic, administrative, advancement, information technology and student affairs departments. A central receiving and storeroom office on campus augments the procurement and delivery system. Products and services commonly procured include scientific equipment, office supplies and furnishings, chemicals, repair and service agreements, construction projects, library holdings, art supplies, maintenance parts, automotive supplies, custodial supplies, fuels, and many other educational and plant support items. The Accounts Payable Department has primary responsibility for verifying the authenticity of payment requests for checks issued by the University. Non-compliant, incomplete, or disputed issues will be referred by this office to the proper officials or returned without action.

BASIC GUIDELINES:

• Call ahead for appointments whenever possible.
• Make each visit a profitable one. Bring us a new idea, approach, or product. Help keep us up to date.
• Do not accept orders or contracts without authorization from the Procurement Office. Call us when in doubt as to the authenticity of the order or person presenting it.
• Do not begin work, provide services or deliver materials without the required authorization from the Procurement Office.
• Do not accept promises from other University departments that you will be given an order. Purchase orders and contracts from the University will be honored only if issued by an authorized University Purchasing Card or a written/fax/electronic version from the Procurement Office after all bidding and administrative approval processes have been satisfied.
• Quote realistic delivery dates so we can base our planning on good, firm information.
• You are expected to honor all specified terms and conditions, including pricing, delivery, service agreements and warranties.
• Conduct your business openly and frankly. As a public, non-profit institution, all of our business transactions are a matter of public record.
• Please call us if you have any questions.
• Do not offer any gifts or gratuities to any university employees.

The following offices are located Bloomsburg University of PA, 400 E. Second Street, Arts & Administration Building, Bloomsburg, PA 17815:

• Contracts
• Construction Procurement
• Procurement
• Accounts Payable

How We Buy

We will seek competitive quotes, competitive proposals or bids for services and goods whenever possible and as required by code or policy.

The request for quotes or bids may be verbal, telephonic, FAX, electronic or in writing depending on the potential dollar amount of the order and prevailing policies. When you receive a request for bid or request for proposal be sure that your response is complete, signed, and returned to us by the time and date due. Some bids may require an original signature (hard copy) document, so please be alert to the specific instructions that accompany each request. Late or incomplete bids will not be considered. The University reserves the right to cancel or postpone published bid openings if, in the sole discretion of the University conditions warrant.

Viewing Bid Opportunities

The majority of bids will be advertised on both the Department of General Services eMarketplace website as well as the PASSHE website.

PA eMarketplace

Please go to PA eMarketplace to review any bid opportunities at Bloomsburg University. 

• You will need to enter "Columbia" in the county search field.

PASSHE Website

PASSHE Instruction to Bidders

eProcurement Exchange Guidelines

You must register at a one-time no cost process. Once registered, you gain access to bid opportunities from a number of PASSHE Universities. You can also be automatically notified of other opportunities that match your products and services. No other vendors or bidders have access to your bid information.

View Solicitations and Bids/Awards at PASSHE's eProcurement Exchange

Note: All University solicitations greater than $19,700 will be formally advertised at the websites above.

Prohibited Contract Clauses

• Assignment
• Legal Jurisdiction - The laws of the Commonwealth of PA must govern
• Attorney Fees, Court Costs, Entry of Judgment - The University may not voluntarily pay the contract’s court costs or legal fees nor may it allow a contractor to confess judgment on its behalf.
• Indemnity and Hold Harmless - Removed from every Commonwealth contract because it compromises the greatest protection afforded the Commonwealth entities; sovereign immunity.
• Payment in Advance - Prohibited except as justified in writing
• Purchase of Insurance - Vehicle rentals are an exception.

Submitting Bids

When returning bids, indicate if your bid varies in any way from the item requested or specified by the University. If the proposals indicate that we will accept bids on equal items, indicate the model number and manufacturer on the proposal of the item being supplied and give as much detail on those item(s) as possible. For bids that require sealed envelopes, please make sure to clearly indicate the bid proposal number and bid due date and time on the face of the envelope.

Viewing Proposed Sole Sources and Emergency Purchase Orders

View proposed Sole Sources and proposed Emergency Purchase Order (EPOs) at PASSHE's eProcurement Exchange https://passhe.procureware.com/

Searching Tip: To find 'Sole Source' or 'Emergency (EPO)' Bids, use the BID TYPE NAME filter.

Definitions

Sole Source

A contract may be awarded for a construction item without the necessity of bidding when the Contracting Officer determines in writing that one of the following statutory conditions exists:
  » Only a single contractor is capable of providing the construction;
  » A federal or state statute or federal regulation exempts the construction from competitive procurements;
  » The total cost of the construction is less than $10,000.00,
  » It is clearly not feasible to award the contract on a competitive basis;
  » The services involve the repair, modification or calibration of equipment and the work is to be performed by the manufacturer of the equipment or by an authorized dealer, provided the Contracting

Officer determines that bidding is not appropriate under the circumstances, or
  » The contract is in the best interest of the Commonwealth.

PA Department of General Services

Pennsylvania state government that oversees procurement of goods and services, manages non-highway capital projects and is responsible for numerous core operations of state government, including management of the vehicle fleet, the Capitol Police force, state buildings and facilities. DGS also serves as the state’s real estate agent and insurance broker.

https://www.dgs.pa.gov/Pages/default.aspx

COSTARS contracts

Cooperative Purchasing Program that encourages the formulation of an interactive partnership between Local Public Procurement Units and the Commonwealth of Pennsylvania.

Qualified Collaborative Contracts

National Association of Educational Procurement (NAEP) http://www.naepnet.org/

• Non-profit professional association dedicated to serving higher education purchasing officers.

Educational and Institutional Cooperative Purchasing (EandI) https://www.eandi.org/

• Non-profit buying cooperative established to provide lower costs for higher education entities.

Emergency Contracts are permissible when the Contracting Officer or his designee’s determines that there is a threat to public health, safety and welfare or circumstances outside the control of the University create an urgency of need which necessitates the suspension of normal bidding and review requirements.

When possible 2 bids should be secured. These do not have to be in writing. However, written determination of the basis for the emergency and for the selection of the contractor must be included in the contract file and sent in the form of a certification when the contract is submitted for legal review after the work is completed.

The following items are required for all Emergency Contracts:

• Written Scope of Work
• Contractor’s written documentation of its bid
• Performance and Payment Bonds (if required)
• Prevailing Wage Determination (if required)

It is our practice not to pay for partial deliveries unless agreed to in advance by the Construction Procurement Offices. Upon receipt of satisfactory goods or services and with complete and accurate invoices that correspond to the exact terms and conditions of properly approved orders or contracts, the payment will be made promptly. Non-compliant or incomplete invoices may be returned without action. Inquiries regarding payment can be directed to:

Lori Olshefski
Accounts Payable Supervisor
570-389-4648
lolshefs@bloomu.edu

Bloomsburg University of Pennsylvania uses both domestic and international companies for vendor services. There are specific tax rules related to payments to international companies just as there are to transactions with international persons. The guidance in this section relates only to services; it does not relate to the purchase of goods, (supplies or other tangible property). There is no tax withholding requirement for goods shipped from abroad because ownership of the item simply passes to BU.

• Determination of US/non-US Person
• Determination of W8 or W9
• Which W8 to utilize
• Tax Consideration for Non-US Resident Vendors

IRS Tax Forms in the W-8 Series (W-8BEN, W-8ECI, W-8IMY, W-8EXP):

International vendors must submit a US withholding certificate (W-8 series of forms) with a Federal Employer Identification Number (FEIN), Individual Taxpayer Identification Number (ITIN) or Social Security Number (SSN) in order to claim an exemption from or reduction in withholding. With regards to business payments, the FEIN, ITIN or SSN can only be used by the vendor for US business tax obligation and cannot be used for US personal tax obligations.

The US withholding certificate used by the international vendor, depends on the type of payment being paid and the status of the business itself.

W-8BEN

The payment is exempt from US tax under a tax treaty and the owner has an FEIN, ITIN or SSN. The W-8BEN is used to confirm that a vendor is a foreign entity and must be provided even if the vendor is not claiming a tax treaty reduction or exemption from withholding. Therefore, all foreign vendors must provide a W-8BEN even if no FEIN, ITIN or SSN exists, unless another W-8 series form is provided. A valid W-8BEN must be provided before payment is issued by BU.

Expiration of Form W-8BEN

A W-8BEN that doesn't have an ITIN, FEIN or SSN is valid for three calendar years from the date it is signed unless a change in circumstances makes any of the information on the form incorrect. For example, a W-8BEN signed on September 1, 2011, without an ITIN, FEIN or SSN remains valid through December 31, 2013. (Calendar Year #1 is 2011; Calendar Year #2 is 2012 and Calendar Year #3 is 2013).

A W-8BEN that does have an ITIN, FEIN or SSN remains in effect until a change in circumstances makes any information on the form incorrect, provided that Vanderbilt (the withholding agent) issues at least one payment to the vendor per calendar year that is reportable on Form 1042-S. For example, an international vendor who submits a W-8BEN with a valid FEIN and requests tax treaty benefits, will not have to re-submit the W-8BEN as long as BU applies tax treaty benefits to at least one payment to the vendor each calendar year (and reports on Form 1042-S).

• W-8ECI : The income is effectively connected with a trade or business in the USA and the owner has an FEIN, ITIN or SSN. A valid W-8ECI must be provided before payment is issued by BU.
• W-8IMY (Withholding Foreign Partnership or Foreign Trust) : The recipient of the income is a withholding foreign partnership or foreign trust that has provided a valid WIMY with a WP-EIN or WT-EIN.
• W-8IMY (Qualified Intermediary Agreement) : The vendor has a qualified intermediary agreement with the IRS to accept primary responsibility for withholding. A valid W-8IMY with a QI-EIN must be provided before payment is issued by BU.
• W-8EXP : The beneficial owner of the payment is a tax-exempt organization under US tax rules. A valid W-8EXP must be provided before payment is issued by BU.

International companies with a FEIN beginning with "98" can only use this form on the W-8 forms listed above. if the FEIN begins with any other numbers, the company must use a W-9 (see below). Note, again that, the W-8BEN is also used to confirm that a vendor is a foreign entity and must be provided even if the vendor is not claiming a tax treaty reduction or exemption from withholding. Therefore, all foreign vendors must provide a W-8BEN, even if no FEIN, ITIN, or SSN exists unless another unless another W-8 series form is provided

Additional information on these forms and requirements can be found on the IRS website:

• W-8BEN for individuals
• W-8BEN for entities
• W8 Instructions for Foreign Vendors

General Requirement

Pennsylvania has reacted to the in-state preference laws and practices of other states by reenacting the Reciprocal Limitations Act through the Commonwealth Procurement Code. Under this Act, Pennsylvania responds in a like manner against those states that apply preferences or prohibitions by giving similar preferences to Pennsylvania resident bidders and bidders offering supplies manufactured in Pennsylvania.

Requirements

1. Product Preference. In all purchases of supplies exceeding $10,000, preference is to be given to those bidders offering supplies produced, manufactured, mined, grown, or performed in this Commonwealth as against those bidders offering supplies produced, manufactured, mined, grown, or performed in any state that gives or requires a preference to goods, supplies, equipment, materials, or printing produced, manufactured, mined, grown, or performed in that state. The amount of the preferences is equal to the amount of the preference applied by the other state for that particular supply.

2. Bidder Preference. In the award of contracts for the procurement of supplies, services and construction exceeding $10,000, preference shall be given to Pennsylvania resident bidders against a nonresident bidder from any state that gives or requires a preference to bidders from that state. The amount of preference shall be equal to the amount of the preference applied by the state of the nonresident bidder. A resident bidder is a person, partnership or corporation, or other business entity authorized to transact business in this Commonwealth and having a bona fide establishment for transacting business within this Commonwealth at which it was transacting business on the day when bids for the public contract were first solicited.

3. Prohibition. For construction and for all purchases of supplies, the purchasing agency shall not specify, use, or purchase any supplies which are produced, manufactured, mined, grown, or performed in any state that prohibits the specification for, use or purchase of such items in or on its public buildings or other works, when such items are not produced, manufactured, mined, grown, or performed in such state.

List of states applying a bidding preference

Process

States or commodity or services within a state not listed on the drop down screen within the calculator are exempt from the Act. The Act only applies to those states that have legislated preference for their resident businesses against other states products and services. Utilize the link below for a Reciprocal Limitations Calculator

Reciprocal Limitations Calculator (Excel sheet)

Information

Who May File the Protest

Any bidder, offeror, prospective bidder, prospective offeror, or a prospective contractor who is aggrieved in connection with the solicitation or award of a contract may file a protest. Protests relating to cancellation of invitations for bids or requests for proposals and protests relating to the rejection of all bids or proposals are not permitted.

Time for Filing

If a protest is submitted by a prospective bidder or prospective offeror, the protest must be filed before bid opening time or proposal receipt date.

If a protest is filed by a bidder or offeror or a prospective contractor, the protest must be filed within seven days after the protesting bidder or offeror or prospective contractor knew or should have known of the facts giving rise to the protest EXCEPT THAT IN NO EVENT MAY A PROTEST BE FILED LATER THAN SEVEN DAYS AFTER THE DATE THE CONTRACT WAS AWARDED. Date of filing is the date of receipt of protest.

Untimely filed protests must be disregarded by the purchasing agency.

Form of Protest

A protest must be in writing and filed with the agency head (or designee) of the purchasing agency.

A protest must state all grounds upon which the protesting party asserts that the solicitation or award was improper. Issues not raised by the protesting party before the purchasing agency are deemed waived and may not be raised on appeal.

The protesting party may submit with the protest any documents or information deemed relevant.

Where to File Protest

Protests should be filed with the Office of the Chancellor, State System of Higher Education, 2986 North Second Street, Harrisburg, Pennsylvania 17110. A copy of the protest shall also be simultaneously mailed to the Office of the President of the university that issued the bid solicitation.

Notice of Protest

If award has been made, the issuing office shall notify the successful bidder or contractor of the protest. If the protest is received before award and substantial issues are raised by the protest, all bidders and offerors who appear to have a substantial and reasonable prospect of winning the award shall be notified and may file their agreement/disagreement with the purchasing agency within five days after receipt of notice of protest.

Stay of Procurement

The head of the purchasing agency (or designee) shall immediately decide upon receipt of the protest whether or not the solicitation or award shall be stayed, or if the protest is timely received after the award, whether the performance of the contract should be suspended. The purchasing agency shall not proceed further with the solicitation or with the award of the contract, and shall suspend performance under the contract if awarded, unless the agency head of the purchasing agency makes a written determination that the protest is clearly without merit or that award of the contract without delay is necessary to protect the substantial interests of the Commonwealth.

Procedures

Contracting Officer Response

Within 15 days of the receipt of a protest, the contracting officer may submit a written response to the head of the purchasing agency (or designee). The response may include any documents or information that the contracting officer deems relevant to the protest.

Protesting Party Reply

Within 10 days of the date of the contracting officer
response, the protesting party may file a written reply.

Review

The head of the purchasing agency (or designee) shall:

• Review the protest and any response or reply.
• Request and review any additional documents or information deemed
  necessary to render a decision.
• Give the protesting party and the contracting officer reasonable opportunity to review and address any additional documents or information requested by the agency head.
• In his sole discretion, conduct a hearing.
• Within 60 days of the receipt of the protest, issue a written determination stating the reasons for the decision.

If additional time is required to investigate the protest, inform the protesting party of the additional time needed to render a determination and obtain the protesting party's consent.

"Clearly Without Merit" determinations. If the head of the purchasing agency (or designee) determines, upon receipt, that the protest is clearly without merit and does not stay the procurement, the head of the purchasing agency (or designee) shall immediately issue the decision as required by H, below.

Settlement. The purchasing agency has the authority to settle and resolve bid protests.

Decision. The head of the purchasing agency (or designee) shall promptly, but in no event later than 60 days from the filing of the protest, issue a written decision. The decision shall:

State the reasons for the decision.

If the protest is denied, inform the protesting party of its right to file an appeal in Commonwealth Court within 15 days of the mailing date of the decision.

If it is determined that the solicitation or award was contrary to law, enter an appropriate order under I or J, below. The purchasing agency shall send a copy of the decision to the protesting party and any other person determined by the purchasing agency to be affected by the decision.

Remedy Before Execution of Contract. If, before execution of a contract, it is determined that a solicitation or proposed award of a contract was in violation of law, the head of the purchasing agency may do one of the following:

• Cancel the solicitation;
• Change the solicitation to comply with law;
• Reject all bids or proposals or those parts of the bids or proposals which were
  affected by the violation; or
• Change or cancel the award to comply with law.

Remedies After Execution of Contract. If, after the execution of a contract, it is determined that a solicitation or award of a contract was in violation of law:

• If the contractor did not act fraudulently or in bad faith, the contract may be:
• Ratified and affirmed provided it is determined by the purchasing agency
  that doing so is in the best interest of the Commonwealth.
• Modified to comply with the law with the consent of all parties.
• Cancelled and the contractor shall be compensated for the actual expenses reasonably incurred under the contract prior to termination. Such compensation shall not include loss of anticipated profit, loss of use of money, or administrative or overhead costs.

If the contractor has acted fraudulently or in bad faith, the contract may be:

• Declared void.
• Modified to comply with law with the consent of all parties.
• Ratified and affirmed, provided it is determined by the purchasing agency, if that action is in the best interests of the Commonwealth and without prejudice to the right of the agency to damages, as may be appropriate.

 

Service Purchase Contract

Invitation for Bid

Notice for filing a bid protest 

Right to Know Requests

PO Terms and Conditions

Terms and Conditions for Performers and Speakers

We are committed to upholding the use of best business practices, procurement integrity, and ensuring the University's compliance with applicable laws, rules and regulations. Our goal is to provide outstanding customer service to our internal and external clients.

Construction Bid Opportunities

The majority of bids will be advertised on both the Department of General Services eMarketplace website as well as the PASSHE website.

PA eMarketplace

Please go to PA eMarketplace to review any bid opportunities at Bloomsburg University. 

• You will need to enter "Columbia" in the county search field.

PASSHE Website

PASSHE Instruction to Bidders

View Solicitations and Bids/Awards at PASSHE's eProcurement Exchange

Contact Information

Jeffrey Mandel, Contracting Officer

Wes Light, Contracting Specialist

Initial Contract Term: Two (2) years, with two, two year optional renewals. (2+2+2)

Value: $200,000/project unless extraordinary circumstances warrant University review and approval for an exception

Architectural
KCBA
Hemmler & Camayd
The Palumbo Group
Stosser/Baer

Civil
Reilly Associates
Livic Civil

MEP
RMF Engineering
Strunk-Albert Engineering

Structural
Reuther & Bowen

Full Service
Stantec

Contract approvals pending

PASSHE Professional Contracts

http://www.passhe.edu/inside/anf/fac/procurement/Pages/default.aspx

Factors to Consider

Scope

This program is applicable to all maintenance, repair, alteration, or improvements to existing, and new construction projects.

Minority and women owed businesses certified by the Department of General Services will be preapproved and are acceptable to the System as SBD firms. Contractors may also submit other minority and women owned businesses that other states have certified or by other duly constituted public bodies.

Proactive Effort Policy

Nonminority contractors will solicit proactively and encourage Certified Minority Business and Women Business Enterprises to submit competitive written bids or quotes for System facility projects. The University further requires all nonminority bidders to document such proactive effort.

Certified minority Business and Women Business Enterprises are encouraged to submit bid proposals directly as prime contractors. As SBD firms, they are not required to provide any documentation regarding proactive solicitation.

It is important to note that the SBD provisions of the regulations are unique to State System of Higher Education contracts. It is expected that responsive responsible bidders must proactively make a reasonable effort to seek and incorporate a reasonable proportion of participation of certified minority and women business enterprises in each facilities project.

Definitions

The following words or terms are defined as stated when used herein, unless clearly indicated otherwise.

MBE/WBE: Minority-Owned Business Enterprise/Woman-Owned Business Enterprise; a business that is owned and operated by a person or persons considered to be a minority due to race/gender.

VB/SDVB: Veteran-Owned Business/Service-Disabled-Veteran-Owned Business; a business as defined in PA Act 185 of 2012, which provides for contracting with veteran-owned small businesses.

Small Business: a business which meets the requirements of the Pennsylvania Department of General Services (DGS) Small Business Procurement Initiative for self-certification as being Small.

SDB: Small Diverse Business; an MBE, a WBE, a VB, or an SDVB, any of which is also a Small Business.

Certified SDB: an SDB verified as such by DGS. Hereinafter, Certified SDB are simply referred to as SDB, in both the singular and the plural.

Non-Minority Firm: A business that cannot be classified, or has not been verified or certified, as an SDB.

REAA: Reasonable Effort Award Amount; that amount of the work under a construction contract for which competitive quotes can reasonably be expected to be obtained from SDB subcontractors, suppliers, and/or vendors. The REAA is expressed as a percent, and is applied as a percentage of the prime bidder’s bid (usually applied against Base Bid No. 1).

Proactive Solicitation: Aggressive effort taken by a prime bidder to obtain written quotes from SDB subcontractors, suppliers, and/or vendors, which the prime bidder can then submit with his/her bid so as to reach or exceed the REAA for the Contract.

Commitment: A conditional written promise that a subcontractor's, supplier's, and/or vendor's written quote given at the time of bid will be honored, in at least the amount quoted, or in a lesser amount if acceptable by mutual negotiations, for the scope of work and/or materials specified.

Subcontract: The term subcontract shall include subcontracts for construction services, purchase orders for construction materials and/or equipment rental, or some combination of the two, or similar arrangements. Hereafter, no distinction is made between subcontract, purchase order, rental agreement, or other similar arrangement. The same applies for subcontractor, supplier, and vendor.

Submission Requirements for Evidence of Proactive Solicitation

Bidders must show proof of their proactive solicitation by submitting with their bid a completed SDB Solicitation Form and copies of the following, as appropriate:

All written solicitations to SDB.

All solicited and unsolicited written quotes received from SDB.

Any written quote from a Non-Minority Firm that is lower than the lowest quote received from an SDB, and which is the basis of a commitment to that Non-Minority Firm.

Any letters of commitment to SDB or Non-Minority Firms submitting the lowest written quotes.

Explanatory information, if not obvious from other information submitted, which provides reasons, if known, why written commitments were not made for the lowest written quotes received from SDB, and/or other reasons why the REAA could not be met.

If the prime bidder is an SDB, he/she must indicate on the SDB Solicitation Form that they are a DGS-verified SDB, and list any verification or certification number(s) or documentation. No proactive solicitation or other documentation is required.

Determination of Responsiveness

The procurement office issuing the Contract will review the documentation submitted and determine, based on the documentation submitted, whether acceptable proactive solicitation was conducted. If the Contracting Officer determines that the bidder did not perform acceptable proactive solicitation, the Contracting Officer may determine the bid to be non-responsive and reject the bid.

The review and determination will consider, among other things, the following requirements:

- If the SDB Solicitation Form was fully completed, and if all supporting documents were included.

- If the bidder listed all those SDB to which solicitations were made.

- If the bidder identified the scope of work and/or materials solicited from each SDB.

- If the bidder identified the SDB by verification number, certification number, or similar designation.

- If the bidder contacted SDB directly and requested written quotes for specific work or materials. Mailings to large numbers of SDB which are intended to provide notice of a bidder's interest in bidding a construction project may be deemed to not be acceptable proactive solicitation.

- If the bidder provided sufficient time for SDB to properly prepare quotes.

- If the bidder submitted all solicited and/or unsolicited quotes from SDB.

The review and determination may also include, among other things, the following considerations.

- Did the bidder solicit a varied selection of SDB which appear to be categorized as performing the required subcontracting effort?

- Did the bidder solicit appropriate scopes of work to the various SDB? Scopes or work that are too small, oddly organized, or cut out of a larger scope may not be of interest to some SDB; scopes of work that are too large or include other trades or specialties may not be within the capacity of some SDB.

- Did the bidder solicit SDB in a geographic locale such that they would reasonably be expected to quote on the project, or outside that locale? Did the bidder make an effort to solicit all the appropriate SDB within a reasonable geographic locale, or simply solicit a set number?

- Was the bidder supportive of solicited SDB in order to obtain their quotes? Was the scope of work being solicited clear? Did the solicitation indicate where and how the plans and specifications could be reviewed? Was the time for submitting a quote clear and adequate?

- How many quotes did the bidder get from SDB, even if some or all of them were not competitive? How many quotes were received, and what percent of the REAA did they represent? If quotes were received, depending on the number and percent, the proactive solicitation effort may not be required to be as demanding as if no bids or quotes were received.

- Was the bidder able to make some commitments to SDB, even if at below the REAA? For what percent of the REAA were commitments made? If commitments were made, depending on that percentage, the proactive solicitation effort for the remaining dollar value to reach the REAA may not be required to be as demanding as if no commitments were made.

- Did the bidder receive a low quote from an SDB, but that SDB then refused a commitment?

- How clear and convincing is the bidder's explanatory information as to why he/she was otherwise not able to meet the REAA?

Program details are included in each bid packet.

PASSHE Form 150 ASP

Public Works Employment Verification Form

Application for Payment (AIA G702)

Application for Payment Continuation Sheet (AIA G703)

Bond, Bid

Bond, Contract

Business Certification Form 

Notice to Subcontractors, Suppliers, Vendors, and Labor Organizations

Compliance Review Form (STD-21)

Consent of Surety to Final Payment (AIA G707)

Consent of Surety to Reduction in or Partial Release of Retainage (AIA G707A)

Contractor's Qualification Form (AIA A305)

E-Verify Program (EVP)

Payment of Debts and Claims (AIA G706)

Prevailing Wage Payroll Certification

Release of Liens (AIA G706A)

Schedule of Values

Small Diverse Business (SDB)

Small Diverse Business (SDB)

Steel Certificate (ST-1) Domestically Manufactured

Steel Certificate (ST-2) Non-Identifiable, Non-Structural Steel

Steel Certificate (ST-3) 75% US Manufacturer

Steel Certificate (ST-4) Not Domestically Manufactured

Stored Materials and Bill of Sale

Request for Taxpayer Identification Number and Certification

No	Topic	Owner
1	Welcome/Introductions	Procurement
2	eBid/Bidding, addendums and questions process	Procurement
3	Prevailing wage	Procurement
4	MBE/WBE value	Procurement
5	Tax exemptions (if applicable)	Procurement
6	Project overview	Project manager and design professional and
7	Timeline/start/completion of project	Project manager
8	Liquidated damages	Procurement or project manager
9	Special bid requirements	Procurement
10	Special project requirements	Project manager and design professional
11	Questions	Vendors
12	Site visit/additional site visit	Project manager

The Pennsylvania Department of Labor and Industry, through the Bureau of Labor Law Compliance, determines prevailing wage rates for the construction industry and enforces the rates and classifications under heavy, highway and building construction projects of $25,000 or more when public funds are involved. For information about the Regulations for Pennsylvania Prevailing Wage Act, see the Prevailing Wage Act website or contact the Bureau of Labor Law Compliance by telephone at 800-932-0665.

The contractor must complete a Payroll Certification for Public Works Projects each week of the contract. If there is a week that the contractor did not perform any work, he/she is still required to submit a certification on which is written "no work completed during this time period." The rates on the Payroll Certifications must be compared with the rates as supplied with the bid package. Upon discovery of non-compliance of the Prevailing Wage requirements, there may be an immediate stop payment action on all pending invoices. The contractor will be notified in writing of the non-compliance and given a time limit for resolution. If the issue is not resolved, the Department of Labor and Industry and local wage inspector will be notified. Contractors that intentionally violate the Pennsylvania Prevailing Wage Act (43 P.S. ss 165-11--165-17) may be debarred from contract awards for a period of 3 years. Downloadable Forms for reporting Weekly Payroll Certificate for Public Works Projects are available at the Pennsylvania Department of Labor and Industry website.

Flowchart

Bloomsburg University of Pennsylvania is exempt from all Excise Taxes. This also applies to Pennsylvania Sales Tax, however, any contractor/supplier doing business with the University remains liable for the payment of Sales and Use Tax on all materials and fixtures he/she purchases or uses for the purpose of fulfilling his/her contract, even though the work is being performed for a governmental instrumentality.

Bloomsburg University of PA is part of the State System of Higher Education and is an instrumentality of the Commonwealth of Pennsylvania. The sale at retail to a construction contractor of building machinery and equipment that are transferred to the State System of Higher Education may possibly be excluded from some or all sales tax.

Forms and directions on obtaining exclusions from sales taxes may be obtained from any office of the Pennsylvania Department of Revenue.

The University’s sales tax exemption number may not be used by a construction contractor to purchase materials for a school contract. A construction contractor, however, is exempt from sales tax on the purchase of certain “building machinery and equipment” that will be transferred to a university in conjunction with a construction contract. Section 201 (pp) of the Tax Reform Code, 82 P.S. 7201 (pp), provides a listing of the exempt “building machinery and equipment.” Items that become part of a real estate structure and that do not meet the definition of building machinery and equipment are not exempt from tax even if the items are for a school contract.

Since a vendor of tangible personal property is required to collect sales tax from a customer unless the customer provides a valid exemption certificate, the contractor must provide the supplier with an exemption certificate to obtain the exemption for those items that meet the definition of building machinery and equipment. To claim this exemption, the construction contractor should complete the exemption certificate by including on line 7 the statement below:

Property or services qualify as building machinery and equipment and will be transferred pursuant to a construction contract with Bloomsburg University of Pennsylvania.

If a contractor’s purchase includes both exempt building machinery and equipment and non-exempt property, the vendor and the contractor must maintain records sufficient to permit the Department of Revenue to ascertain whether the items purchased were in fact exempt building machinery and equipment.

Construction - Exempt Building Machinery and Equipment Information

Act 45 Summary
Act 45 Purchases for Exempt Entities
PA Dept of Revenue Sales and Use Tax

Purchased commodities that are on an export control list shall be tagged. Computers on which controlled software is installed shall also be tagged. Both technology and information about technology that is controlled, such as operating manuals, technical specifications, etc., shall be tagged and stored securely. Before awarding bids and again at the time of signing contracts or placing orders, the purchasing officer shall confirm the vendor is not on the Specially Designated Nationals List by checking the federal consolidated list.

PASSHE Policy

In accordance with the Office of the Chancellor, Pennsylvania State System of Higher Education, Procedures and Standards for University Operations, procedure No. 2012-14, Compliance with United States Export Control Laws when purchasing items, University procurement officers shall request that vendors provide technical specification sheets and the Department of Commerce’s assigned ECCN or the Department of State’s USML classification number. Purchased commodities that are on an export control list shall be tagged. Computers on which controlled software is installed shall also be tagged. Both technology and information about technology that is controlled, such as operating manuals, technical specifications, etc., shall be tagged and stored securely. Before awarding bids and again at the time of signing contracts or placing orders, the purchasing officer shall confirm the vendor is not on the Specially Designated Nationals List by checking the federal consolidated list.

Supplier Notification

Whenever possible the University prefers to rely on manufacturers to provide the export control status of items and software being obtained through a procurement activity. When there is a question as to whether an item being procured is subject to export control the University’s standard vendor contract now includes a term requiring vendors to notify the University of the EECN number. University Procurement personnel are instructed to require all vendors, whether or not contracted, to identify defense articles prior to delivery. Purchasers are required to request the Export Control Classification Number (ECCN) or US Munitions List (USML) category for any items they are procuring if they have reason to believe the items will be subsequently exported.

In cases where the vendor does not know the export control status of an item (e.g. when the vendor is not the manufacturer) or refuses to provide export control information to the University, the University Export Control Officer will perform a self-determination based on the available information. In cases where doubt exists as to the jurisdiction of the item(s), the University will either decline to purchase or will proceed with the purchase and protect the item as a defense article until it is conclusively shown to be subject to the Export Administration Regulations (e.g. through a formal response to a commodity jurisdiction or advisory opinion request).

Export Control Notices

Should an export control notice be included with the shipped items, please forward it to Procurement through campus mail or scan in and send it as as an email attachment. If the notice states that an item is subject to the Arms Export Control Act, ITAR, or Department Energy export control regulations (10 CFR 110 or 810) the recipient should immediately secure the subject item from access by foreign nationals and notify University Export Control Officer for assistance.

This procedure was developed to comply with PASSHE Procedures and Standards for University Operations Procedure/Standard Number 2012-14 dated October 12, 2012. The paragraph below describes Procurement Services responsibilities under that procedure.

Procurement Officers: When purchasing items, University procurement officers shall request that vendors provide technical specification sheets and the Department of Commerce's assigned ECCN or the Department of State's USML classification number. Purchased commodities that are on an export control list shall be tagged. Computers on which controlled software is installed shall also be tagged. Both technology and information about technology that is controlled, such as operating manuals, technical specifications, etc., shall be tagged and stored securely. Before awarding bids and again at the time of signing contracts or placing orders, the purchasing officer shall confirm the vendor is not on the Specially Designated Nationals List by checking the federal consolidated list, available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default... .

Definitions

Procurement Officer is the Procurement Agent responsible for the purchase of the item procured.

Tagged is the attachment of a tag that depicts the ECCN or USML number for an item. Note to computer technicians and Budget Holders, tags will be forwarded by Central Stores to the Budget Holder.

New Vendors – Prior to adding a new vendor to the SAP system the Procurement Officer is responsible to check the vendor against the U.S. Department of the Treasury Specially Designated Nationals List (SDN). As part of its enforcement efforts, Office of Foreign Assets Control (OFAC) publishes a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. Collectively, such individuals and companies are called Specially Designated Nationals. Their assets are blocked and U.S. persons are generally prohibited from dealing with them. Should the new vendor’s name appear on the SDN list, BU Procurement Services will not process a purchase order to the vendor. If the transaction resulted from the bid process, the next lowest bid will be awarded the business. If the transaction resulted from a requisition the budget holder will be advised that the requisition cannot be processed because the vendor appears on the SDN list. The federal consolidated SDN list is available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default... .

Bid Process – The Procurement Officer will ensure that when bids are posted or when received through a requisition from the budget holder for electronic devices, software, scientific devices, weapons and munitions that a copy of the technical specification sheets and the ECCN or USML number is provided with the vendor’s bid. The following statement will be used for soliciting all bids for electronic devices, software, scientific devices, weapons and munitions:

Items listed on this bid request may be governed by Federal Export Control Laws and Regulations that restrict the transfer of certain materials, technology, related technical data and certain services outside the United States. For the items governed by Federal Export Control Laws and Regulations you are required to provide the technical specification sheets and the ECCN or USML number for each line item with your quote or bid proposal. For each line item not governed by the Federal Export Control Laws and regulations, you are required to enter on your quote of bid proposal “NOT Governed by Law”. Failure to follow this procedure may disqualify your quote or bid proposal from the procurement process.

Create the Purchase Order – The following three steps are to be followed when creating purchase orders that include ECCN or USML number items.

1. Attach a copy of the bid and technical specification sheets to the purchase order.

2. Insert the following “S” statement that has been created for use when creating purchase orders that have ECCN or USML number items included.

S10 Export Control

This purchase order contains items governed by Federal Export Control Laws and Regulations that restrict the transfer of certain materials, technology, related technical data and certain services outside the United States in the interest of protecting the national security and domestic economy. The vendor must provide technical specification sheets and the Department of Commerce's assigned Export Control Classification Number (ECCN) or the Department of State's United States Munitions List (USML) classification number for each line item of this purchase order.

BU International Travel Officer and Department Budget Holder reference the Pennsylvania State System of Higher Education Procedures and Standards for University Operations, Procedure/Standard Number 2012-14 dated October 12, 2012.

cc: Manager of Technology Support Services

Budget Holder’s Name

For purchase orders covered by this procedure, a copy of the purchase order is to be forwarded to the requisitioner and the Budget Holder and if applicable Manager of Technology Support Services. This acts as an alert to those parties that licenses may be required for travel abroad by faculty, students or staff with the items on the purchase order and/or control measures must be taken to protect these line items.

Note: When the line item is for the purchase of software an e-mail will be sent to the Budget Holder by the Procurement Officer advising that once the software is loaded onto a computer either remotely or on site by a computer technician that the computer must be tagged by the Budget Holder with the tag provided by Central Stores for the ECCN software that was loaded.

3. Enter the ECCN or USML number into the Item Detail “Texts” ECCN/Green Report field on the purchase order. Data captured in this field can be retrieved by running the ZM12 – Green Purchasing Report. This report will be run on an as needed basis as requested by Rick White or Budget Holders. This information will be especially beneficial as a data base going forward for items governed by Federal Laws and Regulations.

Central Stores – Depending on the situation Central Stores will follow the following procedures for items with ECCN or USML number.

Upon delivery and receipt of an ECCN or USML number item those items will be tagged in Central Stores prior to delivery to the budget holder.

Upon notification of a software purchase via a copy of the purchase order from the Procurement Officer a tag will be prepared with the ECCN and delivered to the budget holder with a note that the tag is to be attached to the computer when the software is installed. In cases where the software is to be installed on more than one computer, tags are to be prepared and delivered to the budget holder for all computers licensed to run the software.

• Procurement Process
• Receiving/Tagging Export Controlled Items
• ECCN Labels
• Export Control Reporting

1. Bloomsburg University of Pennsylvania is prevented from contracting with certain entities that have been designated by the federal government under various embargoes and trade restrictions, so the vendor is subject to the same screening procedure as any vendor. Check the “Consolidated list” at Export.gov.

a. Vendors the university intends to award contracts to should be screened in order to ensure they are not on any restricted parties list for embargoes or violations of export control laws.

i. This screening should be accomplished via utilization of MK Data’s Denial List at the link below

https://www.mkdenial.com/index.cfm

2. Most overseas vendors will probably not be able to supply an ECCN or USML list number. Located in a foreign country, these vendors are not subject to U.S. Export Control Laws and may be very unfamiliar with them. However, if Bloomsburg University of Pennsylvania purchases an item from an overseas vendor, once it arrives on campus it is subject to export control laws and, if it is a “high-risk” item, i.e. scientific equipment that could be accessed by unauthorized foreign nationals, we should make every effort to determine if it is export controlled and label and track accordingly.

By order of the United States Government, U.S. individuals and companies are prohibited or restricted from exporting or from providing services of any kind to any party shown in this DENIED/RESTRICTED PARTIES LIST.

This comprehensive list incorporates parties REQUIRED to be screened according to the United States Government's export laws and requirements. Additionally, companies must not engage in any transaction with U.S. government embargoed countries: Cuba, Iran, and Sudan.  In addition, the United States Government has consistently refused to grant export licenses to 'terrorist' countries including North Korea and Syria. By order of the United States Government, U.S. individuals and companies are prohibited or restricted from exporting or from providing services of any kind to any party shown in this DENIED/RESTRICTED PARTIES LIST.  This comprehensive list incorporates parties REQUIRED to be screened according to the United States Government's export laws and requirements. Additionally, companies must not engage in any transaction with U.S. government embargoed countries: Cuba, Iran, and Sudan. In addition, the United States Government has consistently refused to grant export licenses to 'terrorist' countries including North Korea and Syria.

The DENIED/RESTRICTED PARTIES LIST consists of:

I. Restricted Parties - License Required

All transactions involving these parties requires prior written authorization from the U.S. Department of Commerce. Failure to comply may jeopardize privilege to export.

Reference code(s) for this section:

• Department of Commerce Entity List (Supp. 4 to Part 744) and General Order Prohibitions (Part 736) - End-User Requiring License (erl)

II. Denied Parties

• The United States Government has identified companies, persons and countries with which U.S. individuals or companies may not conduct business. Failure to comply, may jeopardize privilege to export.

III. Parties of Concern

• The United States has identified "unverified parties" which require heightened scrutiny by exporters before proceeding with a transaction. Likewise, Foreign Governments have identified companies and persons who have procured goods and/or technology for Weapons of Mass Destruction programs.

 

Utilize the link below to screen new vendors accordingly:

https://www.mkdenial.com/index.cfm

Apple ECCNs - http://www.apple.com/legal/more-resources/gtc.html

Avaya ECCNs - http://support.avaya.com/helpcenter/getGenericDetails?detailId=C20128210...

Company Classification Information

Dell ECCNs - http://www.dell.com/downloads/global/corporate/environ/HTS-ECCN-CCATS_Reference_Table.pdf

PASSHE Export Control Resources

Intro to export controls with links to system-wide procedures and supplemental resources:
https://secure.passhe.edu/asa/exportcontrols/Pages/Export-Controls-Home....

Resources primarily for university procurement offices:
https://secure.passhe.edu/af/ss/Pages/Export-Control-Laws.aspx