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Procurement Policy and Guidelines

WORCESTER STATE UNIVERSITY (WSU)

 

 

Policy Governing the Procurement of Commodities and Services

 

Table of Contents

 

01.  Purpose, Application, and Authority

02.  Definitions

03.  Requests for Quote (RFQ)

04.  Statewide Contracts

05.  MHEC Contracts

06.  Competitive Procurement Exceptions

07.  Competitive Procurement Standards

08.  Contract Negotiation, Execution and Effective Start Date

09.  Contract Funding and Compensation

10.  Severability

01.        Purpose, Application, and Authority

Purpose: The purpose of this policy is to provide Worcester State University (WSU) with rules and standards governing the procurement of commodities and/or services. Procurements will be considered in the best interests, or the best value, to WSU when a procurement supports and balances the following procurement principles: the achievement of required outcomes, generates the best quality and economic value, is performed in a timely manner, minimizes the burden on administrative resources, expedites simple or routine purchases, allows flexibility in developing alternative procurement and business relationships, encourages competition, encourages the continuing participation of quality contractors and supports WSU procurement planning and implementation.

All procurements utilizing local funds in HH and JJ accounts and with a dollar value greater than $2500 shall be considered in need of a Commonwealth Standard Contract, Terms and Conditions and W-9 unless currently on a statewide contract, authorized by the Vice-President for Administration and Finance. For procurements utilizing appropriated funds, the rules and regulations of the Office of the Comptroller apply; please review with the Procurement Department.

All purchases require either a Purchase Order or Blanket Purchase Order. All purchases require two signature approvals: 1) from the Department Budget Director and 2) Procurement Department Personnel. With purchases exceeding $20,000.00 a third signature is additionally required from the Vice-President of Administration and Finance, and/or a service agreement with approved budget (ISA) with authorized signatures including the Vice-President of Administration and Finance.

 MMARS encumbrances cannot exceed $100,000.00 without review and approval from Michael Eyob-Weld, from the Accounts Payable Bureau of the Massachusetts Comptroller's Office.

 

Application: Unless otherwise provided by law, this policy shall apply to all procurements of commodities and/or services by WSU.

 

This policy shall not apply to public construction contracts and real property leases. All applicable M.G.L. will be adhered to.

 

Authority: This policy is written consistent with:

 

M.G.L. c. 15A, § 24: Notwithstanding any other provision of law to the contrary, each Board of Trustees shall have the authority to make any purchase or purchases in the amount of two thousand dollars or less, and to purchase without limitation of amount library books and periodicals, educational and scientific supplies and equipment, printing and binding, emergency repairs and replacement parts, and perishable items, without recourse to any other state board, bureau, department or commission; provided, however, that in so doing the WSU shall follow modern methods of Procurement and shall, wherever practicable, invite competitive bids. Except as herein provided, the state Procurement agent shall on the certification of availability of funds purchase all items specified on requisitions submitted to him by any such board of trustees; provided, that the Board of Trustees shall have the right to review all bids received on any said Board's requisitions and to make binding recommendations on the award of the contract based on the judgment of the board as to which of the bids best meet said board's specification on which the bids were received. Products assembled, manufactured or otherwise produced by the Massachusetts commission for the blind shall be purchased from the commission pursuant to the provisions of section one hundred and thirty-four of chapter six. (See section 8, Appendix.)

 

M.G.L., c. 25A: Division of Energy Resources.

 

M.G.L., c. 29, § 29A refer to Chapter 1230, § 31 of the Acts and Resolves of 1973 applicable to public institutions of higher education. (Specifically, §§ 2, 7, 8, 12, 13 and 14 of Chapter 29 do not apply to public institutions of higher education.)

 

02.        Definitions

 

Acquisition Method: The method of procuring a commodity and/or service. Acquisition methods include: outright purchase; license; lease-purchase; lease; rental; fee-for-service; or, other methods authorized by the Vice President of Finance/CFO or designee.

 

Authorized Signatory: An individual(s) authorized in writing to execute contracts or other agreements or commitments on behalf of the University. (Vice President of Finance/CFO)

 

Available Funding: Operating appropriations, capital appropriations, retained revenues, trust funds or federal grant funds that have been appropriated or authorized for the purposes of a contract.

 

Best Value: The result of common sense procurement decision-making consistent with sound procurement principles, which are to balance and support the achievement of: required outcomes, best quality economic value, timely performance, minimizing the burdens on administrative resources, expediting simple or routine purchases, flexibility in developing alternative procurement and business relationships, encouraging competition, encouraging the continuing participation of quality contractors and supporting WSU procurement planning and implementation.

 

Bidder: An individual or organization proposing to enter into a contract to provide a commodity and/or service to or for the University.

 

Commodities: An article of trade, goods, products, supplies or information technology resources, including automated data processing and telecommunications hardware, software and systems.

 

Commonwealth Terms and Conditions: Documents, jointly issued by ANF, OSD and CTR that must be executed by all contractors that enter into contracts with a University.

 

Contract: A legally enforceable agreement between a contractor and WSU. The documents that make up a contract include, at a minimum, the following; (1) the Standard Contract Form; (2) the applicable Commonwealth Terms and Conditions and (3) W-9 form. The contractual agreement may also include the Request for Response (RFR), other procurement solicitation document(s),'or non-procurement supporting documentation; the contractor's response to the RFR or other solicitation, or scope of services; and, any other negotiated terms and conditions and attachments.

 

Contract Employee:  An individual contractor whose contract performance was classified prior to the contractor's selection, as work to be performed under the direct supervision and control by WSU, and not work as an independent contractor, pursuant to the federal Internal Revenue Service (IRS) SS-8 process.

 

Contractor: An individual or organization that enters into a contract with the University.

 

Designee: An employee of the University who has been delegated authority in writing to act on behalf of the University, in their official capacity.

 

Duration: The authorized total period of performance of a contract under this policy, which includes the initial duration of a contract, either less than one fiscal year, a single fiscal year or multiple fiscal years, and any options to renew beyond the initial duration of the contract.

 

Expenditure Classification Handbook: A listing of all account/categories to be considered and used in consideration of all procurements.

 

Execution: The distinct, verifiable signature or symbol of an authorized signatory of a contractor or a University which, when affixed to a document, is legally binding. If the signature is affixed through electronic means, the action of signing must be accomplished consistent with information processing standards established by CTR or by law.

 

Independent Contractor: An individual or organization under contract with the University where the contractor's work is not performed under the direct supervision and control of the University.

 

Incidental Purchases: A one-time purchase with a total dollar value that does not exceed the maximum established by law. (Currently this amount is $5000.)

 

Massachusetts Higher Education Consortium (MHEC): With respect to purchases by a Board of Trustees authorized by chapter 15A  section 24, including a purchase by the Board of Trustees of the University of Massachusetts as authorized by section 13 of chapter 75, a Board of Trustees and the Board of Higher Education may join together for its purchases with one or more public or private educational institutions in the commonwealth for the purpose of forming or joining a cooperative Procurement consortium to be known as the Massachusetts Higher Education Consortium; provided, however, that each such educational institution shall accept sole responsibility for all payments, debts and liabilities due the vendor for its share of such purchases. A board of directors elected by its member institutions shall govern said consortium. Any paid staff of the consortium shall be located on the campus of a public member. Compensation of such staff shall be paid by dues or other consortium income and not by appropriation by the commonwealth; provided, however, that such staff may only enter into purchase agreements that have been procured through public bidding. Said consortium shall publish an annual report of its activities, which report shall include an audited financial statement, which shall have been independently audited by a certified public accountant.

 

Office of the Comptroller (CTR): The Department established pursuant to M.G.L. c. 7A.

 

Operational Services Division (OSD): The Department within the Executive Office for Administration and Finance established pursuant to M.G.L. c. 7, § 4A to regulate and oversee the procurement of commodities or services in the State.

 

Procurement: The acquisition of commodities and/or services which may be made through an outright purchase, license, lease-purchase, lease, rental, fee­ for-service or other method authorized by law.

 

Procurement Department: This department is authorized to procure commodities and/or services for the University community.

 

Response: A response from a bidder to a Request for Response (RFR) under a competitive procurement. A response shall include submissions commonly referred to as "bids", "quotes" or "proposals".

 

Request for Response (RFR): Formal public competitive procurement process.

 

Selected Bidder:  A bidder that has been selected to negotiate a contract with a Procuring Department.

 

Services: The furnishing of time, labor, effort or specialized skills by a contractor. Services shall include operational, professional, maintenance and repair, non-professional, consultant, as well as any other services identified in WSU's policies and procedures.

 

Standard Contract Form: A contract form, jointly issued by ANF, OSD and CTR, that a University shall use for the procurement of commodities and/or services which incorporates by reference a Commonwealth Terms and Conditions.

 

State: The Commonwealth of Massachusetts.

 

Statewide Contract: A contract procured on behalf of all Departments for specified commodities and/or services, which may be used by any Department, or other entities authorized by OSD.

 

Suspension: The halt of contract performance due to the lack of available funding, a breach of contract, inadequate performance, an unanticipated emergency or other circumstances determined by a University to warrant a pause in contract performance. A suspension may continue until lifted by a University, if the reason for the suspension has been alleviated, or the contract performance may be terminated.

03.        Requests for Quote (RFQ)

 

The University may gather quotes to assist in the potential procurement by inviting potential bidders or other interested parties to provide quotes on procurements less $5000 as a way to provide best value for best price. If procuring from a state and/or MHEC contract, the RFQ process may be initiated to solicit competitive prices.

04.        Statewide Contracts

 

OSD shall be the primary procuring departments for statewide contracts unless OSD designates another Department to act as the procuring department for a Statewide Contract. OSD shall establish statewide contracts for commodities and/or services, which shall be available to WSU and other entities authorized by OSD. WSU may acquire commodities and/or services from available statewide contracts when the University determines that such acquisition method represents the best value for the University.

05.        MHEC Contracts

 

Contracts procured by the Consortium, which the University belongs to, which shall be available when the University determines that such acquisition method, represent the best value for the University. WSU may acquire commodities and/or services from available statewide contracts when the University determines that such acquisition method represents the best value for the University.

06.        Competitive Procurement Exceptions

 

As defined by 801 CMR 21.05, WSU shall be authorized to procure commodities and/or services without a competitive procurement under the following exceptions and when authorized by the University president and/or appointed designee:

 

Incidental Purchases: A one-time purchase, or multiple purchases, with a total dollar value that does not exceed the maximum minimum amount established by law. ($5000)

 

Exemption from Competitive Procurement: A general law, special law or other existing legal obligation that specifically exempts or prohibits WSU or a specific contract from being competitively procured or specifically names a particular contractor(s) to be awarded a contract. (Copy of law, or reference or cite shall be included in contract documents.)

 

Emergency Contract: An emergency contract shall be appropriate whenever at the University President, or his/her designee, determines that an unforeseen crisis or incident has arisen which requires or mandates the immediate acquisition of commodities and/or services to avoid substantial harm to the functioning of the University or the provision of necessary or mandated services or whenever the health, welfare or safety of students/staff or other persons or serious damage to property is threatened. An emergency contract shall be effective only for the period necessary to cure the emergency.

 

Collective Procurement: The acquisition of commodities and/or services by one or more University from existing contracts that have been established by or are proposed by federal agencies, other States, or any other public entity. (Attach Contract, or reference Contract and maintain the Contract on file.)

 

Interim Contracts: An interim contract may be used to prevent a lapse of contract performance in the following circumstances:

 

Termination or Suspension of Current Contractor: An interim contract may be executed whenever an existing contract has been or will be terminated or suspended for any reason or whenever a contractor is unable to complete full performance under a contract. An interim contract may be offered to the bidder that offered the next best value response under the original procurement and under the same terms and prices offered in that bidder's original response. The duration of interim contract shall be limited to the remaining time available under the duration stated in the original RFR, including any options to renew. If the University is unable to negotiate a contract with any of the original bidders who submitted responses, in their original rank order according to best value, and under the same terms as offered in their original response, the Department will be required to conduct a new competitive procurement.

 

Delayed Competitive Procurement: An interim contract may be executed with a current contractor(s) when a new competitive procurement has been commenced, but due to an unanticipated delay, has not been completed prior to the end of the duration available under the current contract, as specified in that contract's original RFR. An interim contract may be used to extend the current Contract(s), under the same terms and conditions, only for the period necessary to complete the competitive Procurement, including the execution of new Contracts.

 

Contract Employees: Requiring the performance of an individual contractor, where the planned contract performance has been classified, prior to the contractor's selection, as work of a contract employee and not that of an independent contractor, may select an individual for that contract using a recruitment process similar to the process the University uses to select employees, rather than using the Request for Response process under section 2.076, Competitive Procurement Standards, of this policy.

 

  • A contract for the advertising of required notices.

 

  • A contract to purchase supplies or services from any agency or instrumentality of the federal government, the Commonwealth, or any of its political subdivisions.

 

  • Contracts with labor relations' representatives and lawyers.

 

  • A contract to provide job-related training, educational or career development services to the employees of a University.

 

  • Contracts for water, gas, electricity, sewer, or telephone services from a regulated industry company as defined in section three of M.G.L. c.25 if the University maintains documentation that only one practicable source exists.

 

  • A contract in any amount or any contract for the procurement of library books, school textbooks, educational programs, educational courses, educational curricula in any media including educational software, newspapers, serials, periodicals, audiovisual materials or software maintenance without competition when, after reasonable investigation, the University determines in writing that only one practicable source for the required supply or service exists. WSU shall procure a proprietary item by competitive procurement if more than one potential bidder for that item exists.

 

  • Travel related expenditures (e.g., registration fees, lodging, airfare, etc.)

 

  • Postage, printing and binding.

07.        Competitive Procurement Standards

 

All acquisitions of commodities and/or services must be competitively procured unless the acquisition qualifies as one of the exceptions .listed under section 2.06, Competitive Procurement Exceptions. WSU shall be responsible for conducting procurement for single or multiple contracts for commodities and/or services in accordance with this policy.

 

Procurement File: WSU shall maintain a paper or electronic procurement file for public, competitive procurement of commodities and/or services. The file shall contain the original, copies or the file location of the RFR and data or other information relevant to the procurement and selection of a contractor; the executed contract form(s), correspondence with the contractor and any applicable approvals or justifications.

 

  1. Duration: The duration of any contract procured or executed under this policy shall include the initial duration of a contract, either less than one fiscal year, a single fiscal year or multiple fiscal years, and any options to renew beyond the initial duration of the contract. The duration established for a contract shall be the period determined by the WSU to be reasonably necessary to obtain the required commodities and/or services at the best value for the community University and shall be subject to available funding for the contract, as follows:

 

a.    The duration of any contract funded with an annual operating appropriation account(s) is subject to the appropriation by the Legislature, in each fiscal year of the contract, of sufficient funds for the purposes of the contract.

 

b.    The duration of any contract funded with an annual retained revenue appropriation account(s) is subject to the appropriation by the Legislature, in each fiscal year of the contract, and receipt of sufficient revenues for the purposes of the contract.

 

c.    The duration of any contract funded with a trust account(s) is subject to the availability or anticipated availability through authorized revenues, of sufficient funds for the purposes of the contract. Payments are contingent upon the receipt of sufficient trust revenues to support payments under the contract.

 

d.    The duration of any contract funded with a federal grant appropriation account(s) is subject to appropriation in each fiscal year of the contract, of sufficient funds for the purposes of the contract.

 

e.    The initial duration of any contract funded with a capital appropriation account(s) is limited to the fiscal years in which sufficient funds are appropriated by the Legislature for the purposes of the contract, provided that any options to renew which extend beyond the original authorization of funding of the capital account(s) funding the contract is subject to the extension, by the Legislature, of the authorization of funding or a separate appropriation, in each additional fiscal year of the contract, with sufficient funds for the purposes of the contract.

 

f.     If the appropriation, authorization or available funding ceases for a contract, for any reason, a contract shall be deemed under suspension and contract performance must halt. A contractor shall not be entitled to compensation for any performance provided during the period of contract suspension. The University may lift the Suspension if available funding is received. In the absence of available funding, WSU may terminate the contract.

 

2.Scope of Contract Participants: The University may draft a Request for Response (RFR) for specified commodities and/or services to include an option for additional Departments to purchase under the same terms of the RFR and may require bidders to provide responses specifying their ability to provide the specified commodities and/or services to other Departments in addition to the University and the rates that will be used for the additional business given to the contractor.

 

3.Request for Responses (RFR)

 

a.    An RFR shall be used to solicit and select responses from qualified bidders under a competitive procurement. The goal of all RFR’s shall be to obtain the best value of commodities and/or services for the University. An RFR may include attributes of any of the methods of competitive procurement formerly referred to as a request for proposals, request for response, qualifications, or quotes, invitation for bids or good business practices.

 

b.    The Procuring Department shall draft an RFR, which it deems appropriate, efficient and cost effective for the type of procurement required, in accordance with applicable policies and procedures of the University. These policies and procedures may include total contract value thresholds, minimum procurement requirements and legal or regulatory restrictions, including limitations on the Procurement of certain types of restricted commodities or services or from certain restricted bidders, and requirements and allowable preferences for Procurement of certain types of commodities and services.

 

c.    An RFR shall include the acquisition method to be used; whether single or multiple Contractors are sought; whether additional Departments will have access to the procurement as outlined in this section of this policy; the anticipated duration of the Contract including anticipated renewal options; the available funding or anticipated compensation for the Contract, if relevant; detailed specifications or the anticipated goals or outcomes to be accomplished by the Procurement; instructions for submission of responses; and a deadline date for submission of responses.

 

d.    RFR's may be used to establish criteria, which prospective bidders must satisfy in order to be placed on a list of qualified contractors. These criteria may include, but are not limited to, technical expertise, experience, quality of performance, location, availability of commodities and services, rates, prices, catalogs of commodities and/or services or other criteria relevant to a particular Procurement.

 

e.    Any Response to an RFR submitted by a bidder shall be considered a firm offer and shall remain effective unconditionally for a minimum of 45 days unless a longer period is specified in an RFR, or unless extended by the University upon prior notice to bidders.

 

4.Identification of Bidders or Public Notice: The University shall be responsible for identifying bidders capable and willing to provide the University with the best value of commodities and/or services. WSU shall identify potential bidders through public notice, newspaper or electronic advertisements or other methods or as required by law. For large procurements, the posting of such notice(s) or advertisement(s) shall be not less than two weeks prior to the time specified for the receipt of responses. To solicit responses to an RFR, WSU may, at its discretion, utilize the Commonwealth Procurement Access and Solicitation System (COMM-PASS).

 

5.Procurement Amendments: WSU may, at any time prior to the execution of a contract, and without penalty, amend procurement or change the procurement requirements, scope, and budget or procurement schedule upon written notice to Bidders. If an amendment is made after the deadline for submission of responses and before the response evaluation period has started, WSU shall provide notice in the same manner as stated above and allow a reasonable time for the acceptance of amended or new responses from the bidders who submitted responses and any new responses from other bidders.

 

6.Procurement Cancellation: WSU may for any reason, and at any time prior to the execution of a contract, and without penalty, notify bidders of a cancellation of procurement and the rejection of all responses.

 

7.Corrections or Clarifications to a Submitted Response: WSU shall determine whether to allow a correction of minor informalities in a Response. Minor informalities are matters of form rather than substance and include clerical errors or minimal or insignificant mistakes that can be corrected without prejudice to other bidders. WSU may, upon written request of a bidder, allow a correction of a minor informality in a response, which is clearly evident, such as a typographical error, transposition error or arithmetical error where the correct answer is obvious, or if the University discovers the mistake, WSU may note the correction on the response. If WSU requires a clarification of any particular section of a response; the University must provide all bidders that submitted responses with the same notice and opportunity for clarification of the identified section in the response. Clarifications are explanations of what is stated in a response and may not be used as an opportunity to submit supplemental information or a change to a Response, unless the University specifically requests these submissions or changes as part of the clarification of all responses. No correction or clarification of response prices, terms and conditions or the submission of supplemental information prejudicial to the interests of other bidders or to fair competition shall be permitted.

 

8.References: The University shall have the right to request references at any time during the Procurement process and at any time during the period of contract performance. WSU may verify any references included in a bidder's response and conduct any other reference or credit checks, as the University deems appropriate. The University may consider any written references, including documentation of performance records of a bidder on file at the University or solicited from any other Department or entity, documentation of reference checks or other documentation solicited by or submitted to the University during the procurement process.

 

9.Disqualification: WSU shall disqualify any response that the University determines to be unresponsive, including, but not limited to:

 

a.    Responses which are received after the deadline for submission specified in an RFR:

 

b.    Responses that fail to meet, address or comply with material requirements in an RFR, including instructions for submission, content or format;

 

c.    Responses which indicate collusion or unfair trade practices by one or more bidders agreeing to act in a manner intended to avoid or frustrate any of the provisions of this policy or any other law or regulation; or,

 

d.    Responses submitted by a bidder, or which identify a subcontractor, currently subject to any State or federal debarment order or determination. If the identified subcontractor is replaceable without a material effect on the bidder's response, the bidder may be given the opportunity to select another subcontractor prior to execution of the contract.

 

10.  Evaluation of Responses and Selection of Bidder(s): The University shall have the authority to evaluate responses and select a bidder(s) that it determines has offered the best value response to the goals and performance requirements outlined in the RFR.       

 

11.  Notification of Selected Bidders: The University shall determine the timing and method of notifying bidders of the bidder(s) selected for contract negotiation or the contractor(s) that has executed a contract. Notice may be limited to those bidders who submitted responses to an RFR.     .

 

12.  Press Conferences or News Release Restrictions: No bidder shall make any press conference, news releases or announcements concerning its selection or non-selection for a Contract prior to the University public release of said information or prior to the written approval of the University.

 

Debriefing: An RFR may contain the opportunity for non-successful bidders to request a debriefing to be conducted after contract execution with selected bidder(s). Debriefings are designed to identify the weak areas of a bidder's response and suggest improvements for future procurements. Comparisons with other responses will not be made during a debriefing. If an RFR is silent as to an opportunity for a debriefing, the University shall have the option to grant or deny a debriefing and may limit the number of debriefings granted.

 

Dispute Resolution Procedures for Human and Social Service Procurements: OSD may issue policies and procedures for conducting debriefings and appeals for Human and Social Service Procurements.

08.        Contract Negotiation, Execution and Effective Start Date

 

Contract and Contract Amendment Negotiation: WSU may negotiate with selected bidder(s) prior to execution of a contract and with contractors after a contract has been executed, as follows:

 

  1. The language of the RFR shall determine what elements of Contract performance or cost, within the scope of the original RFR and a bidder's or Contractor's Response may be negotiated. If the RFR is silent as to what can be negotiated, the University and a selected bidder or contractor may negotiate only the details of performance identified within the scope of the original RFR and the bidder or contractor's response, and may not increase or change the scope of performance or costs.

 

  1. WSU and a selected bidder or contractor may negotiate additional language which clarifies their understanding of, but does not change, the language of the contract or contract performance identified within the scope of the original RFR and the bidder's or contractor's response.

 

  1. University and a selected bidder or Contractor may negotiate a change in any element of Contract performance or cost, identified in the original RFR or the Bidder's or Contractor's Response, which results in lower costs or in a more cost effective or better value than was presented in the Bidder's or Contractor's originally selected Best Value Response.

 

Contract Execution: The identification of a selected bidder(s) shall create no contractual obligation on the University or the State. Performance may not begin until a contract is properly executed. The execution of a contract is conditioned upon the University's acceptance of a selected bidder's response excluding any clauses or sections that are stricken by the University as unacceptable and including any additional negotiated language as authorized under this section of this policy.

 

Commonwealth Terms and Conditions: An authorized signatory of a bidder must execute a Commonwealth Terms and Conditions, which is executed only once and must be filed as prescribed by CTR. A Commonwealth Terms and Conditions will be incorporated by reference into and shall apply to any contract for commodities and/or services that is executed by the bidder and WSU.

 

Standard Contract Form: An authorized signatory of the contractor and the University must execute a Commonwealth of Massachusetts Standard Contract Form for all Procurements under this policy. The contract shall incorporate by reference a Commonwealth Terms and Conditions and will include the RFR, the bidder's response, excluding any clauses or sections that are stricken by the University as unacceptable and including any additional negotiated language as authorized under this section of this policy. Contracts must be filed as prescribed by CTR.

 

A selected bidder's response shall be disqualified if WSU determines that the bidder:

 

1.    Is intentionally or unreasonably delaying the timely execution of a Commonwealth Terms and Conditions or the Standard Contract Form or is unable to execute timely even for reasonable delays;

 

2.    Conditions execution of a Commonwealth Terms and Conditions or the Standard Contract Form upon the University's acceptance of additional material or amended Contract terms and conditions, or specifies that the bidder's Response is "non-negotiable", "all-or-nothing" or that there can be "no substitutions";

 

3.    Negotiates in bad faith;

 

4.    Refuses to execute the Commonwealth Terms and Conditions or the Standard Contract Form;

 

5.    Demands that the University execute the bidder's contract form instead of a Commonwealth Terms and Conditions or the Standard Contract Form; or

 

6.    Is unable to reach final agreement on contractual terms with the University within a reasonable time as determined by the Department.

 

a.    If a selected bidder's response is disqualified, for any reason, the University may negotiate a Contract with the next best value qualified bidder(s).

 

Contract Effective Start Date: Notwithstanding verbal representations by the parties, or an earlier start date listed in the Standard Contract Form, the effective start date of a Contract shall be the latest of the following dates:

 ­

a.    the date the Standard Contract Form has been executed by an Authorized - Signatory of the Contractor;

 

b.    the date the Standard Contract Form has been executed by an Authorized Signatory of the University;

 

  1. the date of other approval(s) required by law or regulation; or

 

  1. A later date specified in the Standard Contract Form.

09.        Contract Funding and Compensation

 

  1. The contractor shall only be compensated for performance delivered to and accepted by the University in accordance with the specific terms and conditions of a properly executed contract. All contract payments are subject to available funding. The University shall be under no legal obligation to compensate a contractor, or to obtain additional funding for any performance, costs or other commitments, which are made outside of the scope of a contract.

 

  1. Emergency and Exceptional Circumstances: Compensation for performance commenced prior to the contract effective start date shall be allowable in unanticipated, rare emergency or exceptional circumstances for the period from the date of the occurrence of such circumstance until a Contract is executed, which shall be documented by the University.

 

  1. Payments cannot be issued until a properly executed contract has been filed.

10.        Severability

 

If any provision of this policy is declared or found to be illegal, unenforceable or void, then the University, bidders and contractors shall be relieved of all obligations under that provision only, and all other provisions of this policy shall remain in full force and effect.

Last modified at 1/13/2011 12:04 PM  by Polakowski, Renee