Contracting and Purchasing Policy

Purpose

Establish policies and guidelines for the use of contracts, agreements, financial transactions and any other legal relationship that obligates Willamette University (“the University”), and for the procurement of goods and services necessary to support the mission, goals and objectives of Willamette University. Applicability includes all contracts and purchases, including purchases from research funds.

Policy

Any legal relationship that obligates the University, including contracts and procurement transactions, must be executed by an employee who has an appropriate level of delegated authority under the Delegation of Signature Authority policy.

Standard agreement templates have been established using standard terms and conditions (click links below to access). Any changes, deviations or nonstandard agreements must be reviewed by University Counsel.

• Letter for Guest Presenters/Artists in Academic Settings (under $1,500 only)
• Professional Services Agreement (all other professional services agreements)
• Professional Services Rider (use only with externally-sourced agreements)
• Purchase Agreement (use for purchases of goods)
• Construction Agreement

Any contract for services with individual(s), including sole-proprietor businesses, must properly classify the individual(s) as an employee or independent contractor according to federal and state regulations. If the individual is a University employee, Human Resources must be consulted before the individual is classified as an independent contractor.

A repository of all contracts will be maintained by the Controller’s office. Once a contract is executed in accordance with this policy, a final signed copy must be forwarded to the Controller's office at contracts-archives@willamette.edu.

Willamette University will procure all goods and services on the best terms and at the lowest overall cost consistent with an appropriate level of quality. Acquisition will be without favoritism and on a competitive basis, whenever practical, to obtain maximum value for each dollar expended.

Purchases of $10,000 or more should be coordinated with a fiscal officer, dean or vice president and approved in advance. A purchase agreement must be used for purchases of $25,000 or more. If required, a purchase agreement should use the standard agreement template. It is good practice to obtain three or more quotes for purchases of $10,000 or more when feasible; it is strongly recommended for purchases of $25,000 or more.

All purchases must comply with University financial policies. All purchases must comply with each of: this policy, funding source terms and guidelines for grants and gift funds, specific purchasing guidelines based on the type of goods or services, and departmental policies. .

Purchasing Procedures and Guidelines:

Restricted Purchases for certain types of goods and services

The following items will be purchased through and with the approval of the Designated Authority listed below. Any potential exception should be worked out with the appropriate Vice President or Dean and the Designated Agent.

Payment Method

Where possible, purchases of supplies should be made using the University’s purchasing card program due to administrative efficiencies and financial benefits. Applicable approved contracts or purchase orders must be included with other supporting documents when the expense report or payment request is submitted.

Conflicts of Interest

All employees involved in the purchasing of goods and services should review the Conflict of Interest statements in applicable policies annually and ensure they are in compliance.

An individual with an actual or perceived conflict should recuse themselves from selection or award. Any actual or perceived conflict of interest by either the person initiating the procurement of goods or services or by the individual approving the request must be disclosed to the appropriate Vice President or Dean prior to a commitment to procure goods or services. This includes, but is not limited to, any circumstances which may provide material or financial gains to the Willamette University employee or a member of his or her family or household or to a business partner.

Bids

University purchasers should solicit bids for goods and services whenever it is to the benefit of the University to do so. The bidding process helps to ensure that Willamette University receives quality goods and services at the best price and terms. It is good practice to obtain three or more quotes for purchases of $10,000 or more when feasible; it is strongly recommended for purchases of $25,000 or more.

The exceptions to this requirement are for purchases from sole or single source vendors. Specific sponsored contracts/grants may require bids or justification for sole or single source for lesser amounts.

Definitions:
Sole Source Vendor – no other sources, other than the one recommended, are available.

Single Source Vendor – the item may be available from multiple vendors, but only the requested vendor is acceptable for technical or other reasons.

Small Business, Minority, and Women Vendors

The University is committed to promoting opportunities for small business, minority and women owned vendors, whenever possible. Recipients of Federal awards should follow the guidelines outlined in 2 CFR 215 (OMB Circular A-110) to further this goal.

Equipment Leases

In certain circumstances, leasing equipment may be preferable to purchasing. Consult Purchasing for assistance with a lease/buy analysis. All lease agreements must be approved by the Senior Vice President for Finance and Administration.

Research Procurement

In accordance with Uniform Guidance, Willamette University will implement the new procurement requirements as of the required implementation date, and will continue to comply with the procurement standards in OMB Circular A-110 until that time.

Purchases from research funds for supplies, equipment, and services must be in accordance with the terms and conditions of the award. For specific requirements, see the Federal Acquisition Regulations, 2 CFR 220 (OMB Circular A-21), 2 CFR 215 (OMB Circular A-110), and the appropriate agency and individual contract/grant terms. In purchases where these limitations are less restrictive, the University’s policy will apply.

Research equipment may be purchased only when the equipment is essential to a research project and is not already reasonably available and accessible elsewhere on campus.

A completed Vendor Selection Form is required for purchases with a single-item cost greater than $5,000.

For purchases over $25,000 (in aggregate) from a particular vendor, the vendor must be verified as eligible to receive federal funds through System for Award Management (SAM) (https://www.sam.gov) before the order is placed. Any sub-award recipient selected to receive over $25,000 in federal funds would also need to be verified as eligible.

Contact the Grant & Restricted Fund Administrator for guidelines and additional information and requirements.

Resources

Contacts

Related Policies

• Delegation of Signature Authority
• Conflict of Interest Policies (please see applicable employee handbooks)
• Purchasing Card Program Policy
• Travel and Expense Reimbursement Policy

Other Resources

• 2 CFR 220 (OMB Circular A-21)
• 2 CFR 215 (OMB Circular A-110)