Purchasing

As provided under Louisiana R.S. 43:111, the College shall not expend any public funds for advertising in any newspaper, book, pamphlet, periodical, or radio/television stations, except as follows:

• Advertising for bids or proposals for public works (Title 38); equipment, materials, supplies and services inclusive of leases where the College is lessee, and certain personal, professional, and consulting services (Title 39); leases where the College is the lessor (Titles 41 and 17); and sales of rights and services, as dictated by College policy and good public relations.
• Advertising for sale of bonds.
• Advertising for sale by educational institutions of books, equipment, produce, or other materials.
• Announcement by educational institutions of extension course offerings.
• Announcements by departments or auxiliary units of institutions of higher education to promote cultural or educational programs sponsored by such departments or units for the public’s cultural and intellectual benefit, limited to a maximum of 15 percent of the cost of the event or $3,000, whichever is larger. (This may include athletic events, rodeos, concerts, and similar events.)
• Other cases where the law authorizes advertisements.
• Any public institution of higher education, any management board thereof, and the Board of Regents may expend public funds for advertising designed to increase the number of other-race students enrolled in public institutions of higher education or increase the percentage of black high school graduates who pursue a higher education, provided that such advertising expenditures shall not exceed the amounts necessary to implement the provisions of the consent decree entered in the U.S. of America vs. State of Louisiana, et al., U.S. District Court for the Eastern District of Louisiana, Docket #80-3300-A.
• Notwithstanding any provision of law to the contrary and in addition to the exceptions and the authority provided above, a public postsecondary educational institution annually may expend up to one-half of one percent of its total operating budget or one hundred thousand dollars, whichever amount is less, on advertising, provided such advertising is in furtherance of the duties and functions of the institution.
• Although the law is silent as to its intentions with regard to billboards, it has been assumed that such advertising could be permitted if it followed the same guidelines as listed for other media. In determining the limits and conditions for advertising, one should take into consideration not only legal requirements, but policies, in regard to the sale of rights, goods, services, and technology to the private sector, possible unreasonable competition with private sector businesses and industries, and equal employment opportunity media.

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.

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.

The requisitioner should allow the Purchasing Department at least five (5) working days to verify funding, and to prepare and solicit bids. A longer period may be required if the request is incomplete or lacks sufficient specifications. A one (1) to five (5) working day period may be required after bids are opened to evaluate and award bids, and to issue purchase orders. Vendor delivery time must be considered in planning the overall purchasing time required for a purchase.

Bidding time is the period of time between the date of distribution of the Invitation for Bids and the date set for opening of bids. In each case bidding time will be set to provide bidders a reasonable time to prepare their bids. For bids over $25,000, a minimum of twenty-one (21) days should be provided unless the Purchasing Department deems a shorter time period is necessary for a particular procurement. However, in no instance shall the bidding time be less than ten (10) days.

Any external purchase by the College must be made in accordance with the following procedures unless otherwise stated herein:

A: Purchases up to $5,000.00
No competitive bidding is required unless the purchases would be considered to artificially divide the purchase to circumvent a bid requirement. Transportation (shipping & handling) charges are considered part of the purchase price and shall not exceed the $5,000.00 limit. (Executive Order BJ 2010-16)

B: Purchases over $5,000.00 and up to $15,000.00
All small competitive purchases shall be obtained by soliciting three (3) by telephone, fax, or other means, and shall be awarded on the basis of the lowest responsive quotation. Whenever possible, at least one (1) of the bidders must be a certified small and emerging business. Fax price confirmation shall be obtained from the lowest bidder for telephone quotations. The requisition and the Request for Quotation form must be approved by the Purchasing Department after telephone quotes are solicited and prior to placing any order with the vendor. (Executive Order BJ 2010-16)

C: Purchases for scientific and lab research over $5,000.00 and up to $25,000.00
No competitive bidding is required for scientific and laboratory supplies and equipment when procured for scientific research and the total cost does not exceed twenty five thousand dollars (25,000) per transaction. All qualifying scientific and laboratory purchases for research are to be identified “FOR RESEARCH” on the purchase requisition and shall be approved by the Purchasing Department for funding prior to ordering. Otherwise, the purchase is considered unauthorized. Price confirmation is to be attached to the purchase requisition identifying the pricing source. For “SUPPLY” purchases, confirming price documentation can be current fax, email or written quotation from the supplier, current catalog page, or supplier web site. For “EQUIPMENT” purchases, confirming price documentation shall be a current fax, email or written quotation from the supplier. (Executive Order BJ 2010-16)

D: Purchases over $15,000.00 and up to $25,000.00
The Purchasing Department will solicit facsimile or written Request for Quotations from at least five (5) responsible bidders. Whenever possible, at least two (2) of the bidders shall be a certified small and emerging business. Bidders may return quotation responses by facsimile or written means to the Purchasing Department. A minimum of three (3) working days shall be allowed for receipt of quotations. (Executive Order BJ 2010-16)

E: Purchases over $25,000.00
The Purchasing Department will be required to publicly advertise the purchase. The Purchasing Department is required to electronically post the Invitation for Bid on the State of Louisiana LaPac website administered by the Division of Administration, Office of State Purchasing for a minimum of twenty-one (21) days unless a fifteen (15) day period is determined necessary by the Purchasing Department. Purchases of supplies, materials, equipment, services, and major repairs that amount to $25,000 or more must be advertised at least one time in the official journal of the State and in the official journal of the locality of the budget unit to be served. The advertisement must appear at least ten (10) days prior to the bid due date, as provided under Title 39. Public works contracts (construction, remodeling, and additions) in excess of $150,000 are governed by Louisiana R.S. 38 and must be advertised once a week for three different weeks in the official journal of the State and in the official journal of the locality of the budget unit to be served. The first advertisement must appear at least twenty-five (25) days prior to the bid due date.

F: Purchase of equipment parts and repairs
The purchase may be obtained through an “Authorized Dealer” as defined as a dealer certified by the manufacturer to furnish parts (not stocking of parts) or to perform repairs on the manufacturer’s equipment. Written certification may be required to support any claim of an authorized dealer status. Otherwise competitive bidding will be required in accordance with requirements stated earlier. (Executive Order BJ 2010-16)

G: Exceptions to competitive requirements
The following purchases are exempted from bidding requirements: Publications, and/or copyrighted materials purchased directly from the publisher or copyright holder and memberships. (Executive Order BJ 2010-16)

• Publications and/or copyrighted materials purchased directly from the publisher or copyright holder are exempt from competitive bidding. (Executive Order BJ 20101-16Section 5A (7)
• Publications shall be defined as books, journals, magazines, manuals, periodicals and other published text.
• Copyrighted materials shall be defined as any testing, literary, musical, film, video or artistic work that exclusive legal right is held to reproduce, publish, and sell the printed matter or form.
• For an aggregate purchase of items exceeding $5,000 from one or more supplier sources, the following shall be required for any publications and/or copyrighted materials to be exempt from soliciting competitive quotes:
  • Funded and approved purchase requisition.
  • Current price support of books, text or publications with any applicable shipping charges.
• Publications or other printed matter in excess of $5,000 to be purchased not supported by publication or copyright shall be bid in accordance with guidelines set by the Small Purchase Executive Order.
• For a single purchase transaction up to $5,000 with only one supplier source, the following will only be needed to make the purchase provided there are no other purchases to be made by the budget unit with other publication or copyright holder suppliers:
  • Funded and approved purchase requisition.
  • Current price support of books, text or publications with any applicable shipping charges.

College funds may be expended for the purchase of personalized business cards provided that the following conditions are met:

• The employee receiving personalized business cards has sufficient official interaction with non-BPCC persons and the business need for personalized business cards can be demonstrated.
• Purchase of personalized business cards for an employee is approved by the employee’s department head.

All business cards shall be printed in conformity with standards established by BPCC's Marketing & Communication Office. All business cards are printed by Division of Administration State Printing Office, PO Box 94095, Capitol Station, Baton Rouge LA 70804. Please allow 45 days for delivery.

• An emergency condition is defined as “a situation that creates a threat to public health, welfare, safety, or property, such as may arise by reason of floods, epidemics, riots, equipment failures, or such other reasons as may be proclaimed by the Commissioner of Administration.”
• Poor planning does not constitute an emergency condition.
• An emergency purchase may be made when the existence of an emergency condition creates an immediate and serious need for supplies, materials, equipment, or services that cannot be purchased by normal methods and the lack of which would seriously threaten:
  • the functioning of state government
  • the preservation or protection of property, or
  • the health or safety of any person
• When an emergency purchase is indicated, the Purchasing Department should be contacted for assistance. If an emergency condition arises after office hours and circumstances will not permit delays, then the department head should obtain whatever competitive pricing is practical (written, telephone, etc.) and proceed, using discretion, with the purchase. A written report explaining the nature of the emergency must then be signed by the department head and appropriate Vice-Chancellor and submitted to the Purchasing Department, along with a requisition for the materials or services purchased. This report and requisition are required to be submitted within two (2) working days and must indicate the competition that was obtained or attempted.
• All emergency purchases are reported to the Office of State Purchasing, Division of Administration at the end of each fiscal year.

Executive Order BJ 2010-16 states:

A. No competitive bidding is required unless otherwise stated for the following items:

1. Repair parts for equipment obtained from a Louisiana authorized dealer where available. This provision does not apply to the stocking of parts;
2. Equipment repairs obtained from a Louisiana authorized dealer where available:
3. Vehicle repairs not covered by a competitive state contract or the state fleet maintenance repair contract, obtained from a Louisiana authorized dealer where available.
4. Vehicle body repairs covered by insurance recovery and in accordance with insurance requirements;

“Louisiana authorized dealer” means a company that satisfies the requirements of a resident business defined in R.S. 39:1591(6) and is authorized by the manufacturer to sell and/or provide services for their products.

Written verification on Authorized Dealer Certification Form will be required to support any claim of a Louisiana Original Equipment Manufacturer (OEM) Authorized Dealer qualification, or any other non-Louisiana OEM-Authorized Dealer status.

Competitive bidding will be required for repairs and repair parts in excess of $5,000 when not using an Original Equipment Manufacturer or any Louisiana or non-Louisiana OEM-Authorized Dealer.

R.S. 39:1591(6)

(6) “Resident business” means one authorized to do and doing business under the laws of this state, which either:

Sole source procurements are exceptions to normal purchasing procedures and are permitted only when the required item or service is available from a single supplier. A requirement for a particular proprietary item does not justify a sole source procurement if there is more than one potential bidder or offerer for that item.

Examples of circumstances that could necessitate sole source procurement are:

• Where compatibility of equipment, accessories, or replacement parts is a primary consideration.
• Where a sole-supplier item is needed for trial use or testing.
• Where procurement of a sole-supplier item is for resale.
• Where service being purchased is a public utility service.

When sole source purchases are requested, the fact that a sole source situation exists must be documented. The Sole Source Justification Form must be submitted along with a requisition to the Purchasing Department. Written documentation from the mfr./vendor confirming the validity of the sole source circumstance is required. The Director of Purchasing is the final authority for determining that a requested sole source purchase is, in fact, a sole source. Sole source purchases are subject to close scrutiny by the Legislative Auditors and only in rare instances can they be justified. In case of reasonable doubt, competition will be solicited.

Since the goal of purchasing professionals is to obtain quality products and services at the best price and within the parameters of applicable laws, rules, and regulations, adequate specifications are required. Adequate specifications streamline the procurement process, while poor specifications cause unnecessary delay and may result in an inappropriate purchase.

Offered for your use are some tips for preparing specifications that will result in a purchase that meets your needs.

Writing Principles, Techniques and Tips

• Leave out brochure language that cannot be objectively evaluated. Instead select only the essential characteristics or features necessary to meet your requirements.
• Begin the description with a common name for the goods or services, if possible. (Use “facial tissue” instead of “Kleenex”)
• Include enough detail for the bidders to understand your requirements. Technical specifications should contain enough detail to differentiate the level of quality or performance required.
• Be clear and precise. Avoid ambiguity. You should always question if the specification would answer all necessary questions if the roles were reversed and you were the vendor trying to respond to the Invitation for Bid.
• Verify current availability of brand and model number if used in the specifications. All brand and model numbers referenced must be in current production and available on the market. If specifications indicate an acceptable brand and model or part number, invite competitive brands by indicating “or equal”.
• When specifying compliance with certain industry test methods or standards, include copies or indicate where copies may be obtained.
• When sizes, weights, speeds, etc. are a part of the specification, determine if a range is acceptable then indicate minimums or maximums or approximates.
• If an item must fit into a given space, indicate the available space dimensions.
• Sample requirements, if any, are to be clearly identified as a requirement in the specifications with clear instructions on how to label the sample, when it is due, and how it will be used in the evaluation for award.
• Delivery warranty (ie. Parts, labor, and/or service requirements, etc.) and training requirements, if applicable, are to be clearly defined.
• When bidding maintenance services, define the service requirements, advise if parts, labor, travel, and service hours are required. Specify number of preventative maintenance inspections required and any other inclusions or exclusions that are to be priced. Avoid using restrictive language such as “vendor must be located within a 20 mile radius of BPCC”. Instead, request a reasonable response time.
• Identify any instructional materials or service manuals that the contractor must furnish. Also, incorporate into the specifications the type of training they must provide to the end users and where this training is to take place.
• If compatibility with an existing piece of equipment is a factor, describe the equipment, connectors, interfaces, brand and model of the existing equipment.
• Clearly state the packaging requirements, size, types of finish, color, etc.
• If installation is required, provide detailed requirements. If a site visit is required, indicate a contact name and telephone number and when contact is to occur.
• Eliminate all mandatory requirements not important to the function of the purchase.
• Include requirements important to the specification. Never assume it is understood that something will be included. Only requirements that are in the specification can be used to evaluate a bid. Just because a particular brand and number specified has an inherent feature, you cannot rule out other bidders if the feature was not described in the specifications.
• Understand the use of the following words and use them properly:
  • “Shall” denotes the imperative
  • “May” denotes the permissive
  • “And” means it must have both or multiples
  • “Or” means either is acceptable
• Indicate the appropriate unit of measure. Example: box – bxs, package – pkg., each – ea.

LaCarte Purchasing Card “LaCarte” is a credit card issued to authorized employees for the purpose of making low dollar purchases.

LaCarte is intended to simplify your buying process and improve your cycle time from ordering to payment. Typical examples of items that may qualify for this program include books, computer accessories, materials and supplies.

State contracts are contracts set up by state purchasing with numerous vendors for the purchase of various specified items during a given period of time.

The College has the option of purchasing against these state contracts without the necessity of developing specifications or requesting bids, which means purchase orders may be placed immediately for a faster delivery.

A profession is a vocation founded upon prolonged and specialized intellectual training that enables a particular service to be rendered. The word “professional” implies professed attainments in special knowledge, as distinguished from mere skill. External contracts for professional services may be negotiated by the end user with a responsible contractor without competitive bidding. For contracts with a total amount of compensation of $50,000 or more, the definition of professional service shall be limited to lawyers, doctors, dentists, psychologists, certified advanced practice nurses, veterinarians, architects, engineers, land surveyors, landscape architects, accountants, actuaries, claims adjusters and any other profession that may be added by regulations adopted by the Office of Contractual Review of the Division of Administration.

Personal Services
Personal services include work rendered by individuals that requires use of creative or artistic skills, such as, but not limited to, graphic artists, sculptors, musicians, photographers, and writers or that require use of highly technical or unique individual skills or talents, such as, but not limited to, paramedics, therapists, handwriting analysts, foreign representatives, and expert witnesses for adjudications or other court proceedings. External contracts for personal services may, regardless of the amount of compensation, be negotiated by the end user with a responsible contractor without competitive bidding.

Consulting Services
Consulting services include work, other than professional or personal services, rendered by either individuals or firms who posses specialized knowledge, experience, and expertise to investigate assigned problems or projects and to provide counsel, review, design, development, analysis or advise in formulating or implementing programs or services or improvements in programs and services, including but not limited to such areas as management, personnel, finance, accounting, planning, data processing, and advertising contracts. External contracts for consulting services where the total amount of compensation is less than $50,000 may be negotiated by the end user with a responsible contractor without competitive bidding. Contracts for $50,000 or more must be awarded by Request for Proposals (RFP) pursuant to the requirements of Louisiana R.S. 39:1503. Failure to comply shall result in having to re-do the entire process.

Prior to commencement date on any contract, the contract shall have been received and approved by the Purchasing Dept. For contracts exceeding $20,000, please allow a sixty (60) day lead time for approvals. Contracts $20,000 or greater must have Office of Contractual Review approval

• When a department receives merchandise delivered by BPCC’s Receiving or directly by a carrier, the packages should be inspected within 2 days for shipment damage and completeness to preserve any rights for a claim with the carrier or vendor.
• If major external container damage is noticed at the time of delivery, then the container damage may have been caused by the carrier or by College personnel making the delivery. Central Receiving should be contacted immediately regarding any major container damage. For minor blemishes, dents and other imperfections in shipping containers which can occur, then it is recommended a check of the contents be made the same day and any irregularities reported to Central Receiving. Merchandise containers should not be opened haphazardly, discarded or destroyed to protect any claim to be made with the carrier or vendor.
• If internal merchandise damage is noticed after the items are unpacked or uncrated, then Central Receiving should be contacted within one (1) working day regarding the concealed damage observed. Merchandise containers should not be discarded to protect any claim to be made with the carrier or vendor.
• If merchandise is counted and reflects a discrepancy with an enclosed packing list or a difference exists with the College’s order form, contact Chad Johnston at ext. 6290 within two (2) working days to discuss reporting shortages or overages to the vendor.
• Receiving and Delivery Reports should be completed with the purchase order number, a brief description and the quantity received.
• Receiving and Delivery Reports should not be held for partially received orders if the items received are independent in use of other items received. Vendors may invoice for partially shipped orders and the College has a responsibility to remit payment for merchandise within thirty (30) days of receipt.

Donations, loans and deposits represent a pledge of state funds. The Louisiana Constitution under Article 7 Section 14 states:

§14. Donation, Loan, or Pledge of Public Credit

Section 14.(A) Prohibited Uses. Except as otherwise provided by this constitution, the funds, credit, property, or things of value of the state or of any political subdivision shall not be loaned, pledged, or donated to or for any person, association, or corporation, public or private.

College policy shall be that “no” funds or other property will be donated, loaned or pledged unless otherwise exempted by the constitution or other provision of the law.

“Certified small and emerging business” means a business certified as small and emerging business by the Division of Small and Emerging Business Development, Department of Economic Development, in accordance with the provisions of the Small and Emerging Business Development Act, R.S. 51:941, et seq., and included on the most recent list of certified small and emerging businesses issued by the Division of Small and Emerging Business Development.

A complete of list of Certified Small and Emerging Businesses can be found on the internet.

Acts 51 and 962 of the 1985 Regular Session of the Louisiana Legislature require any goods and services to be purchased with State appropriations to be physically received on or before June 30th of the fiscal year, and all associated invoices to be paid within forty-five (45) days following the close of the same fiscal year.

To insure maximum utilization of available State operating appropriations allocated to departments, all operating funded budget units will be required to submit and have time recorded in the Purchasing Department by end of the business day of April 1st of the current fiscal year all purchase requisitions for goods and services. If April 1st occurs on a weekend or holiday, then requisitions will be accepted through the end of the next business day. Failure to submit requisitions by the prescribed April 1st deadline may result in the administrative liquidation of remaining budgeted funds.

Any restricted or grant accounts requiring physical receipt of goods or services by a specified deadline should adhere to the same April 1st deadline to insure the timely processing and receipt of goods and services by June 30th or other deadline, respectively. Adherence to deadline requirements for expenditure of restricted or grant accounts are the responsibility of the recipient department or faculty/staff member.

While a deadline may be established herein, ultimate receipt of goods or services is contingent upon sufficient allocation of funds in budget and expenditure categories, bid preparation time, solicitation and award time, and order and delivery time. Additional days should be considered for longer delivery times.

• Office of State Procurement
• State Travel and Purchase Card
• Purchasing Rules and Regulations
• Professional Contracts
• Louisiana Property Assistance Agency

• Act of Donation
• Request for Quote
• Sole Source Justification
• Donation Acceptance Request
• Request for Temporary Removal of State Movable Property
• Movable Property Transfer Request
• Receiving Report
• Promotional Items Request
• Contract Forms
  • Professional Service Contract
  • BA-22
    • BA-22 Instructions
  • Scope of Services
  • Certification Letter
  • Cost Benefit Analysis
  • Performance Evaluation