Current through September 18, 2024
A. Except as otherwise provided for herein,
the Purchasing Agent shall be responsible for the administration of all
procurement activities and determinations with respect to the solicitation and
evaluation of competitive offers, and to source selection.
B. Unless specifically authorized otherwise,
the Division of Purchases shall be the sole point of contact with prospective
and current offerors, relative to the business, financial and other commercial
aspects of all solicitations and offers:
1.
All other state employees shall be authorized to contact suppliers to obtain
technical data only, prior to the award of a contract.
2. Representatives of the Division of
Purchases shall be present at, or party to, all discussions with suppliers with
respect to current solicitations, or with respect to price or delivery
information, or with respect to modifications of any contract.
C. Delegated Authority.
1. The following goods and services may be
procured by user agencies without the express approval of the Purchasing Agent
in accordance with the provisions set forth herein:
a. Items purchased through Master Pricing
Agreements (MPA) - Schedule/Term Contracts Purchases. All agencies shall be
authorized to order MPA items directly from vendors in accordance with
procedures established by the Chief Purchasing Officer.
b. Items exempted from competition by law,
regulation or determination by the Chief Purchasing Officer or his
designee.
c. Grants in the form of
general subsidies or assistance shall be administered by state agencies in
accordance with legal mandates restricting or defining the use of such
funds.
2. State officials
designated by the Chief Operating Officer (Director) of an agency or department
shall be authorized to obtain bids for procurements up to set limits stated by
the Chief Purchasing officer.
a. Violation of
these procedures may result in withdrawal of such authority by the Purchasing
Agent.
b. All bids and contract
awards made under these provisions shall be documented in a central
location.
D.
Violations of Purchase Authority
1. Upon
request, the Division of Purchases and/or the Chief Purchasing Officer may
review all documents for which state agencies undertake purchasing actions and
shall report suspected violations of delegated purchasing authority to the
Purchasing Agent.
2. Transactions
which are determined by the Purchasing Agent to be out of compliance with state
purchasing regulations and procedures shall be returned to agencies for
explanation and justification.
3.
User agency abuses of limited delegated purchasing authority shall be reported
to the Chief Purchasing Officer who will hold agency chief executives
accountable for violations.
4.
Deliberate disregard of state officials for purchasing regulations, policies
and procedures shall be subject to disciplinary action, including
dismissal.
E. Additional
delegated authority may be granted by the Purchasing Agent upon reviewing
written requests submitted by the chief executive officer of a department or
agency in accordance to the provisions set forth in §
5.2 of this
Part.
