Splitting of Purchases
Executive Order BJ 2010-16 authorizes the Governor to establish procedures for the procurement of small purchases with the caveat that “procurement requirements shall not be artificially divided so as to constitute a small purchase under this section”. In other words, a department cannot submit two or more requisitions to the same vendor or similar vendors in order to avoid competitive bid requirements or to avoid the formal solicitation of competitive sealed bids.
The following examples and comments concerning artificial division of purchases ore offered as guidelines:
Departments submitting two or more requisitions of $5,000 each or less for the identical commodity on the same day or within the same week.
Example:
(1) Desk at $3,500 and (1) desk at $4,000 received 12/12/11
Departments submitting two or more requisitions of $5,000 each or less to the same vendor on the same day or within the same week.
Example:
(1) Desk at $3,000 to Rich’s Office Company received 12/12/11
(1) Cabinet at $2,500 to Rich’s Office Company received 12/14/11
Departments submitting two or more requisitions of $5,000 each or less to similar vendors* for identical or similar commodities** on the same day or within the same week.
Example:
(2) Balances = $2,200 to Fisher Scientific received 11/10/11
(1) Training Simulator = $2,000 to Laerdal Medical received on 11/10/11
(10) Thermometers= $1,500 to VWR Scientific received 11/12/11
*Similar vendors are suppliers selling products within the same industry category, i.e., athletic, automotive, data processing, electrical, medical, office, scientific, etc.
**Similar commodities are items which possess general characteristics within the same industry category, i.e., athletic, automotive, data processing, electrical, medical, office, scientific, etc.
Two or more individuals associated with different Departments knowingly collaborate to submit separate requisitions totaling $5,000 each or less for commodities to be used together which meet criteria 1, 2, or 3 above.
Regular recurring pattern of requisitioning over the course of a fiscal year exceeding $5,000 for the same commodity from the same or similar vendors.
The Purchasing Department will combine requisitions we interpret in possible violation of the Executive Order and we will solicit the necessary bids.