Purchasing Policies

AP 6314 Purchase Requisitioning

Authority   

The Dean of Administrative Services/Controller is responsible for administering these regulations, and is the authority to amend these regulations.   

Definition   

These regulations outline the process of submitting purchasing requisitions to Business Services. The District subscribes to a “process of centralized purchasing” as defined in AP 6330.

Purchase requisitions that fall under 'gift of public funds' will not be approved. Article XVI, Section 6 of the California Constitution generally prohibits the giving or lending of public funds to any person or entity, public or private, subject to certain exceptions. This includes, but is not limited to, clothing, food and meals that do not meet the requirements under Catering AP 6911 and personal items such as Kleenex, water, candy and decorations.    

Responsibilities   

• An individual must not unilaterally commit District funds by incurring a liability prior to receiving approval from Business Services. Any individual who fails to comply with this regulation may be held personally responsible for any eventual unauthorized expense.   

• A purchase requisition may be a request for a one-time purchase or for multiple purchases from the same vendor over a period (open or blanket purchase order).   

Departmental Procedures   

• Purchasers of goods and services or contract agreements must complete a purchase requisition in Galaxy.   

• Requisitions must be approved by the department’s budget administrator or designee as outlined in AP 6150.   

• Departmentally-approved requisitions will be submitted to Business Services for budgetary approval. Business Services will not approve any incomplete or unfunded requisition unless Business Services receives a budget transfer covering the insufficient account line.   

• Requisitions with a total value of at least $15,000 must be approved by the Dean of Administrative Services/Controller. Requisitions with a total value equal to or greater than the state mandated bid limit (See AP 6340) must be approved by the President/Superintendent. Requisitions with a total value of $25,000 or more must be ratified by the Board of Trustees.    

• Requisitions for an advance payment for tangible goods or for purchase of gift cards (under allowable categorical programs only) must be followed by submission of substantiating itemized receipts provided to Business Services and Purchasing at the time of the purchase requisition.

• Purchases after the District's Board Approved Budget Development Calendar published cut-off date must be submitted to their area Vice President for consideration at Executive Cabinet.  Late Purchase Requisitions cannot be entered into Galaxy until Executive Cabinet has provided their approval.  

AP 6326 Printing

Under the direction of the Vice President of Business Services or designee the Mt. San Jacinto College Printing Department provides the district a wide-variety of professional-level duplicating, graphic arts, apparel products, and other related printing services to the full capacity of department personnel, available finances, equipment capability and appropriate needed materials.   

Print Shop services are for district programs only. The Print Shop will not be utilized for private or public use. Some printing related services may be charged back to a department. Materials for direct classroom use (syllabi, transparencies, quizzes, etc.) are printed at no charge. Classroom materials are for MSJC classroom use only and may be identified/watermarked with the official college logo.   

The Print Shop abides by district policy and procedures regarding Copyright materials. Please see AP 3750 – Use of Copyright Materials.    

The Print Shop abides by the district’s Branding Guidelines (see AP 3320) as published by the District Public Information Office.   

The Printing Department has  one location at the San Jacinto Campus.

BP 6330 Purchasing

The Superintendent/President is delegated the authority to purchase supplies, materials, apparatus, equipment and services as necessary to the efficient operation of the District. The Superintendent/President delegates this authority to the Vice President of Business Services. 

It shall be the policy of the Board that the purchase of supplies, materials, equipment and services for the district be done in a manner which provides the best merchandise available at the most economical purchase price consistent with standard purchasing practices.

The Board shall approve all contracts or purchase orders for transactions in the following or higher dollar amounts, including applicable sales taxes, freight, and other initial purchase costs prior to award:

(A) Equipment, materials, supplies and services at or near bid limit as adjusted annually pursuant to Public Contract Code #20651 (the current threshold amount is posted at http://www.msjc.edu/purchasing.);

(B) All formal Bids and Requests for Proposals;

(C) All Public Works Contracts (i.e., construction, alterations, repairs or improvements) over the contract dollar limit set by Public Contract Code #22030-22045.

AP 6330 Purchasing

Section One: General Information

Dollar Limits and Requirements: 

Procurement transactions and the rules that govern how they are managed are based upon aggregate dollar amount and type of purchase.

Purchases of $3,000 and less

(A) The procurement of goods and services of $3,000 or less are not subject to the competitive process.

(B) The Purchasing Agent will at their discretion award these orders based on what is most advantageous to the District.

Purchases greater than $3,000 to under $25,000

(A) The procurement of goods and services in amounts greater than $3,000 and under $25,000 shall be made with as much competition as is practical and deemed necessary by the Purchasing Agent. This may include verbal or written quotations from two or more vendors. These quotations may be obtained by either the responsible buyer or the requisitioning department and are subject to review and approval by the Purchasing Department.

B) Supporting documentation and price quotations are maintained as part of the purchasing file.

Purchases from $25,000 to Bid Limit

(A) The procurement of goods and services in amounts greater than $25,000 to under bid limit shall be made with as much competition as is practical and deemed necessary by the Purchasing Agent. A minimum of three written quotations will normally be obtained unless authorized by the Purchasing Agent. Supporting documentation and price quotations are maintained as part of the purchasing file.

Purchases exceeding Annual bid limit.

The Invitation for Bid (IFB):

The procurement of goods and services to established formal bid limit or greater amounts utilize the Invitation for Bid Process; the State Chancellor sets the bid threshold requirements. This amount is normally adjusted on an annual basis and will automatically be the bid threshold amount for the District. The current threshold amount is posted at http://www.msjc.edu/purchasing.

Purchases exceeding the established bid limit requires prior Board approval. 

A cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold is required for procurements or contract modifications made with Federal funding.

The Request for Proposal Process (RFP):

Procurement of goods and services exceeding current bid threshold in which it is determined not to be advantageous or practical to use the formal secure bidding process, may be purchased through the use of formal secure competitive proposals. This is the Request for Proposal (RFP) process.

The Request for Qualifications (RFQ):

For the process of selecting professional services, architects, engineers, etc, the Request for Qualification process may be utilized.

Award:

In all competitive procurement, the award is made by the Purchasing Department to the vendor with the lowest price for the good or service that conforms to specifications and other requirements that is the lowest responsive responsible bidder. This may result in an award to a vendor other than the lowest bid.

Splitting Purchases (Bid Splitting):

It is illegal to artificially divide or fragment an order to meet the lesser requirements of lower dollar procurement transactions.

Confidentiality of Information:

Confidential information provided by vendors shall not be shared with competitors by any individual involved in the process. This includes requisitioners, reviewers and purchasing staff. Confidential information will be held confidential to the extent allowed by the law.

Purchasing Documents and Special Approvals:

(A) The Purchase Order (PO) is issued by the Purchasing Office and has the signature of an authorized employee of the Purchasing Department. A purchase requisition is entered into the District’s Purchasing System called Galaxy. The purchase requisition is the internal document used by the requisitioner to initialize a purchasing transaction. All of the necessary and required information is to be provided on the purchase requisition in Galaxy by the requisitioner. All purchase requisitions must be fully approved in Galaxy by the appropriate personnel assigned to approve the purchase requisition. Once a purchase requisition has been fully approved in Galaxy, the Purchasing Department will generate a PO. Internal controls are maintained by the appropriate Business Services staff assigned to approve budget and funding for all purchase requisitions entered in Galaxy.

(B) Special approval is needed for the procurement of computer hardware, peripherals and software. All purchase requisitions must obtain the approval of Information Technology or Instructional Technology Support, as applicable.

(C) Special approval is needed for the procurement of furniture, equipment, flooring, paint, or any facilities improvement.  All purchase requisitions must obtain the approval of Facilities as applicable.   

Equipment:

Any purchase of equipment must be processed by entering a purchase requisition using the Galaxy purchasing system. All equipment over the amount of $5,000 including tax, shipping and installation shall be equipment tagged for inventory purposes. All tagged equipment will be placed on the Business Services Asset Management List and the departmental equipment inventory list. The final destination that the equipment will be located (campus/building/room number) must be noted in the original purchase requisition entered into Galaxy by the requestor.

Blanket Purchase Orders:

(A) Blanket Purchase Orders are documents issued to a vendor for purchase of certain classes or categories of items.

(B) The Blanket Purchase Order may spell out terms, conditions, delivery information and other contract information, including pricing or discounts from published lists for a specific period of time. A "Not to Exceed" amount is listed on the Blanket Purchase Order document as a method of monitoring and control. Additional controls relative to maximum one-time purchases or single item costs may also be included. Blanket purchase orders must have the names of the individuals authorized to place orders.

(C) Blanket Purchase Orders are used to purchase items on a repetitive basis to serve the needs of the District requisitioner. They may be used for commodity type purchases, such as maintenance supplies, food (this does not include catering), or utilities. Blanket Purchase orders are not valid for equipment, FURNITURE, TECHNOLOGY HARDWARE OR SOFTWARE, STAFF/STUDENT CLOTHING, PROMOTIONAL, CUSTOM OR LOGO ITEMS, INDIVIDUAL ITEMS OVER $500.00, OR ANY PROJECT REQUIRING VENDOR LABOR.

(D) The amount of competition needed on a Blanket Order varies according to commodity, service and/or delivery as well as location of the supplier to the requisitioner. A decision as to the level of competition needed shall be made by the buyer in consultation with the Purchasing Agent, OMB 2 CFR 200.320, and per AP 6340.

(E) Blanket Purchase Orders cannot be used to procure equipment.

(F) Small tools should be coded as tools (object code 4511) and entered in a small tools inventory by the department.  Each department is responsible for tool inventory.  Tools can be purchased per project, if needed, or as tools become obsolete, with written justification from the Director of the department.

Evaluation and Loan of Equipment:

(A) All equipment brought in for loan or evaluation purposes shall have prior authorization by the requestor, division dean or vice president, Purchasing Office and in the case of computer equipment, Information Technology. Large or special purpose equipment requiring special hookup or electrical requirements will also require Maintenance and Operations Department coordination before being requested.

(B) This prior approval shall be noted by the approval of the appropriate staff on the purchase requisition entered into the Galaxy Purchasing System. The words “FOR EVALUATION PURPOSES ONLY” must be clearly indicated in the body and notes tab of the purchase requisition.

(C) In addition, the Purchase Requisition shall also state, "All costs associated with the delivery, installation, evaluation and return of the equipment shall be borne by the vendor. All risk for damage and/or loss of the equipment shall also remain with the vendor."

(D) This purchase requisition must be fully approved in Galaxy and shall be used to issue a Purchase Order that states the same terms and language as the purchase requisition. This Purchase Order will be provided to the vendor prior to delivery of the equipment.

(E) Loan or evaluation of equipment should in no manner constitute a preference for that equipment or imply that it will result in an order for the purchase. The Purchasing Department has the responsibility to subject the purchase of all equipment to a  competitive process as well as to negotiate all terms and conditions, price, warranty and service with the vendor.

Public Review of Bids and RFPs:  

Formal Secure Bids and Requests for Proposal are considered public information and as such, are open for review pursuant to the following guidelines:

Process:

(A) Formal secure bids will be made public which will include the name of the bidder, amount of the bid and other related information deemed relevant by the buyer. This record (bid analysis) may be made open to public inspection. The actual bid documents and related materials shall not be open to public review until after contract has been awarded.

(B) Formal secure proposals will be made public which include the names of the proposers. All other information including pricing, shall not be open to the public for review until after the contract has been awarded.

Proprietary Information:

Certain information relative to the procurement process can be deemed proprietary in nature and not open for public review. This proprietary information must be clearly marked as such by the bidder/proposer and if possible, submitted via the current District process. This information will be considered proprietary and not open to public review, unless deemed otherwise by the Purchasing Agent. The final decision as to whether this information is proprietary lies with the Purchasing Agent. Pricing and the bid packet are not considered proprietary information.

Review of Bids or Proposals:

Requests for information or review of the documents shall be made to the Purchasing Agent or their designee. An appointment to review the file shall be made with the Purchasing Agent or buyer at a mutually convenient and reasonable time. The reviewer shall not take possession of any of the documents in the file. All proprietary information shall be removed from the file prior to the review. All reviewers must sign a reviewers log sheet that becomes a part of the original bid file.

Purchases Made with Grant Funding:

(A) Procurements made with grant funding will follow all applicable guidelines as outlined in the granting agency's letter of award. For federal grants this may include, but is not limited to, following the guidelines as detailed in the OMB 2 CFR 200.318 through 200.326. State and locally funded grants may require special processing as defined by the terms, conditions, rules or regulations in the grant award notice.

(B) The responsibility for advising the Purchasing Department of any grant related purchasing restrictions or requirements shall remain with the staff of the grant program, the grant director and/or coordinator and the appropriate dean.

Prepayment for Goods or Services:

(A) The District provides prepayments only for very limited types of procurements. These include, but are not limited to, prepayment of subscriptions, dues, memberships, deposits for travel-related expenses, and certain maintenance and license fees.

(B) Prepayment for standard goods or services is prohibited. Exceptions will only be made by approval of the Vice President of Business Services or designee.

(C) Justification must be provided to the Dean of Administrative Services/Controller or designee who must approve all special prepayments.

COD:

The District will not accept COD goods or shipments. All COD packages will be rejected and returned.

Section Two: The Purchasing Organization

Basis for Purchasing Policies and Procedures:

All procurement conducted by the District is governed by the following:

(A) State Statutes and Administrative Rules, i.e., Education and Public Contract Code

(B) Rules and Regulations as set forth by the Chancellors Office.

(C) District Administrative Policies and Procedures.

These policy and procedures are based upon the American Bar Association Model Procurement Code, a generally accepted guide, and are written to comply with all applicable statutes and rules as outlined above.

Authority:

The Vice President of Business Services is transferred authority by the President to sign and to delegate signature authority for various purchasing functions necessary for the day-to-day operation of District services.

Delegation shall include but not be limited to the following District employees:

Dean of Administrative Services/Controller
District Purchasing Agent
Director of Procurement

Director of Food Services, for the day-to-day operation of the cafeteria services only

Delegation shall be in writing by name and updated annually. The Dean of Administrative Services/Controller will review cafeteria purchase orders.

The District is bound to receive and pay only for those goods or services authorized by valid signatures on recognized District purchasing documents.

Dollar limits shall not exceed the bid threshold established by the Chancellors Office. All items over $10,000 shall be forwarded to the Board of Trustees for ratification at the next available Board Meeting. The Board of Trustees will formally award items over the current bid limit. Exceptions will be limited to emergency procurements.

Centralized Purchasing:

The District subscribes to a process of centralized purchasing. This is designed to monitor, standardize, and maximize the use of purchase contracts and agreements that are available to the District to extend fiscal control over the expenditure of all funds and to avoid acquisition of unnecessary or duplicative items.

Purchase Orders (PO):

Purchase Orders are generated by the Purchasing Department for purchases of equipment, supplies, and services.

Section Three: Vendor Information

Certification Regarding Debarment, Suspension or Other Ineligibility (applicable to all agreements funded in part or whole with federal funds)

In order to ensure the effective and efficient administration of and maintain the integrity of Mt. San Jacinto Community College’s (MSJC) procurement practices, it is the policy of MSJC to conduct business legally and only with responsible vendors. Toward this end, MSJC shall have the discretion to exclude from participating in its procurement transaction and activities any vendor who is debarred pursuant, but not limited to, regulations per Federal Register OMB CFR Title 2, Part 200 Subpart C section 200.212 and Executive Order 12549 & 12689.

Debarment is a serious action that may lead to a vendor being excluded from procurement transactions with MSJC for a period of up to three (3) years. Accordingly, this Debarment Procedure provides a vendor subject to a debarment action with notice pursuant to which the seriousness of the vendor's acts or omissions and any mitigating factors will be considered in making any debarment decision. Debarment shall be used only in the public interest and for the College's protection, not for purposes of punishment. MSJC will utilize the Federal Debarred Vendor List (Excluded Parties List System) located at http://www.epls.gov/.

The Debarment Procedure applies to: (1) any vendor who has participated, is currently participating or may reasonably be expected to participate in a covered transaction, irrespective of the source of funding; (2) any vendor who has participated, is currently participating or may reasonably be expected to participate in a related transaction, irrespective of the source of funding; (3) any principal of the vendor describes (1) and (2) above; and (4) any affiliate of the vendor described in (1), (2), or (3) above.

BP 6340 Bids and Contracts

The Board of Trustees delegates to the Superintendent/President and/or the Vice President of Business Services the authority to enter into contracts on behalf of the District, approve change orders on capital construction projects, amend the terms and conditions of any contractual arrangement, and to establish administrative procedures for contract awards and management, subject to the following:   

• Contracts are not enforceable obligations until they are ratified by the Board.   

• Contracts for work to be done, services to be performed or for goods, equipment or supplies to be furnished or sold to the District that exceed the amounts specified in Public Contract Code Section 20651 shall require prior approval by the Board.

• Change orders and amendments are not permitted to allow total expenditure of funds and period of contract to exceed limitations set forth in applicable state or federal law.   

• When bids are required according to Public Contract Code Section 20651, the Board shall award each such contract to the lowest responsible bidder who meets the specifications published by the District and who shall give such security as the Board requires, or to reject all bids.

• When the District determines that, according to Public Contract Code Section 20651.7, it can expect long-term savings through the use of life-cycle cost methodology, the use of more sustainable goods and materials, and reduced administrative costs, the District may select and award the contract based on best value in accordance with AP 6340. The bidder shall give such security as the Board requires and may reject all bids. 

• When the Vice President of Business Services determines that the district can obtain a contract for goods or services through the California Community Colleges Chancellor's Office CollegeBuys Program for the Procurement of Goods and Services for the Community College Districts at a lower price upon the same terms, conditions, and specifications, the Vice President of Business Services or designee may proceed with the contract without conducting a formal bidding process. 

If the Superintendent/President and/or Vice President of Business Services concludes that the best interests of the District will be served by pre-qualification of bidders in accordance with Public Contract Code Section 20651.5, pre-qualification may be conducted in accordance with procedures that provide for a uniform system of rating on the basis of a questionnaire and financial statements.   

If the best interests of the District will be served by a contract, lease, requisition or purchase order though any other public corporation or agency in accordance with Public Contract Code Section 20652, the Superintendent/President and/or Vice President of Business Services is authorized to proceed with a contract.

The district commits to achieving diversity, equity and inclusion with regard to its vendors. The Board delegates to the Superintendent/President and/or the Vice President of Business Services the authority to create a Vendor Diversity Plan to increase diversity, equity and inclusion in the District's vendors.

AP 6340 Bids and Contracts

Procedures on bids and contracting are legally required. The District has adopted the California Uniform Construction Cost Accounting Act (CUPCCAA). See AP 6345.

Bidders Lists and Source Selection   

The Purchasing Department maintains a list of vendors by category. This list is updated with vendor names, addresses, phone numbers, and categories on an ongoing basis. This list is utilized to notify vendors of Requests for Proposal and Invitations for Bid on various goods and services.   

Competitive Secure Bidding

The Invitation for Bid (IFB) Process    

Purchases of goods and services in the aggregate amount of the official set bid limit and over shall be awarded by a process of competitive secure bidding. This process may be utilized for lower priced specialty items or when deemed more advantageous to the District. In securing bids or quotations, the District will avoid acquisition of unnecessary or duplicative items.   

The Invitation for Bid   

The Invitation for Bid shall include the following:   

• Instructions and information to bidders concerning the bid submission requirements, including time and date for receipt of bids, the manner in which they are to be submitted, and any other information.   

• The purchase description, evaluation factors, delivery or performance schedule, and such inspection and acceptance requirements.   

• The contractual terms and conditions, including warranty and bonding or other security requirements applicable to the procurement.   

• All bid notices for work to be done shall contain an affirmative statement requiring compliance with Labor Code Sections 1775, 1776 governing payment of prevailing wages and Labor Code Section 1777.5 governing employment of apprentices; and Labor Code Section 1720 governing public works. All bid submissions shall contain all documents necessary to assure compliance with these California Labor Code Sections. Failure to provide such documentation shall cause any such bids to be deemed incomplete.   

• When required or determined to be appropriate, bids shall be accompanied by a certified or cashier’s check, or bid bond, in the amount specified in the bid form, as a guarantee that the bidder will enter into contract and furnish the required contract bonds. When no longer required for the protection of the District, any certified or cashier’s check received shall be returned to the respective bidder.   

Bidding Time   

The bidding time is the period of time between the date of distribution of the Invitation for Bids and the time and date for receipt of bids. In each case a bidding time shall be set that affords bidders a reasonable time to prepare the bids. A minimum of 14 calendar days shall be provided unless a shorter time is deemed necessary for a particular procurement as determined in writing by the Purchasing Agent.   

Bidders Lists   

The Purchasing Department shall compile a list of bidders that express interest in providing products or services to the District. Bidders that fail to respond to Invitations for Bid on three consecutive procurements of similar items may be removed from the bidders list.   

Prospective bidders currently meeting criteria for inclusion on the list may be reinstated at their request. Names and addresses on the bidders lists shall be available for public inspection, provided these lists are not used for private promotional commercial or marketing purposes   

Bidder Submissions   

The Invitation for Bids shall provide a form or format which the bidder shall include the bid price and in which the bidder shall sign and submit with all other necessary submissions. Telephone and Facsimile are not acceptable for secure bidding purposes. See bid instructions for specific submission directions.     

Public Notice   

Adequate public notice of the Invitation for Bid or notices of the availability of the Invitation for Bid shall be furnished to a sufficient number of bidders for the purpose of securing competition. Advertisement in a general publication newspaper with a local circulation may be used for sealed competitive bidding.   

Pre-Bid Conferences   

Pre-bid meetings may be conducted to explain the procurement requirements. They shall be announced to all prospective bidders known to have received an Invitation for Bid. The conference shall be held long enough after the announcement has been issued to allow bidders to become familiar with the document, but sufficiently before bid opening to allow consideration of the conference results in preparing their bid.   

Generally the receipt of bids will be no sooner than seven calendar days after the pre-bid conference. The Purchasing Agent must grant any exceptions in writing. Nothing stated at the conference shall change the Invitation for Bid unless a change is made by written amendment.   

Amendments to Invitations for Bid   

Amendments to Invitations for Bid shall be identified as such and shall require that the bidder acknowledge receipt of all amendments issued. The amendment shall reference the part of the Invitation for Bid that it amends.   

All addenda shall be identified as such and shall be sent to all bidders that have acknowledged receipt of the bid. The addendum shall require that the bidder acknowledge the receipt of the addendum.   

Addenda shall be issued within a reasonable amount of time for potential bidders to consider them in the preparation of their bids. If the time and date set do not permit sufficient time for bid preparation, the date and time of the bid opening shall be extended either in the addendum.   

Withdrawal and Modification of Bids   

A bidder may modify or withdraw its bid at any time before bid opening if the modification or withdrawal is received before the time and date set for bid opening in the location designated in the Invitation for Bid for receipt of bids.   

All documentation relating to a withdrawal or modification of a bid shall be kept as part of the procurement file.   

Late Bids   

A bid, withdrawal of a bid, or modification of a bid is late if it is received after the bid submittal deadline.   

A late bid, late withdrawal of a bid, or late modification of a bid shall be rejected. Bidders submitting bids that are rejected as late shall be notified as soon as practical.

Bids received late will not be accepted.

Receipt of Bids   

Bids and bid modifications shall be received via the current District process. The District process may include electronic bid submission.   

All bid information which will include the name of each bidder, the bid price, and other pertinent information shall be included and made available to the public for review.   

Inspection of Bids   

Formal secure bids will be made public which will include the name of the bidder, amount of the bid and other related information deemed relevant by the buyer. This record (bid analysis) may be made open to public inspection. The actual bid documents and related materials shall not be open to public review until after contract has been awarded.   

Mistakes and Informalities in Bids   

Mistakes in bids may be corrected by modification or withdrawal as outlined in sections above, if discovered prior to the bid opening. After bid opening, a bid submitted in error of judgment, may not be corrected. A bid may be withdrawn pursuant to the following sections:   

• Minor informalities in a bid may be waived if the Purchasing Agent deems it advantageous to the District.   

• A bid may be withdrawn after bid opening only if the mistake is clearly evident to the Purchasing Agent or if the bidder establishes evidence clearly showing a mistake was made.   

• Mistakes shall not be corrected after award of the bid.   

• Any withdrawals or corrections to a bid permitted or denied after the bid opening shall have a written determination that is included in the procurement file.   

Bid Evaluation and Award

• For the purposes of bid evaluation and selection, when the District determines that it can expect long-term savings through the use of life-cycle cost methodology, the use of more sustainable goods and materials, and reduced administrative costs, the District may provide for the selection of the lowest responsible bidder on the basis of best value pursuant to policies and procedures adopted by the Governing Board in accordance with this section.

• “Best Value” means the most advantageous balance of price, quality, service, performance, and other elements, as defined by the Board, achieved through methods in accordance with this section and determined by objective performance criteria that may include price, features, long-term functionality, life-cycle costs, overall sustainability, and required services.

• The bid shall be awarded to the lowest responsive and responsible bidder whose bid meets, in all material respects, the requirements and criteria as defined in the Invitation for Bid. The amount of any applicable transaction privilege or use tax is not a factor in determining the lowest bidder.  

The bid shall be awarded to the lowest responsive and responsible bidder whose bid meets, in all material respects, the requirements and criteria as defined in the Invitation for Bid. The amount of any applicable transaction privilege or use tax is not a factor in determining the lowest bidder.   

Bids shall be evaluated to determine which bidder offers the lowest cost to the District in accordance to the criteria as defined in the Invitation for Bid. Only objectively measurable criteria shall be applied in determining the lowest cost to the District.   

A contract may not be awarded to a bidder submitting a higher quality item than designated in the bid document unless the bidder is also the lowest bidder as determined by the criteria outlined above.

The District may also consider any of the following in a best value selection and award:

• • The total cost to of its purchase, use, and consumption of equipment, supplies, and materials.
  • The operational cost or benefit incurred by the District.
  • The added value to the District, as defined in the request for proposal, of vendor-added services.
  • The quality and effectiveness of equipment, supplies, materials, and services.
  • The reliability of delivery and installation schedules.
  • The terms and conditions of product warranties and vendor guarantees.
  • The financial stability of the vendor.
  • The vendor’s quality assurance program.
  • The vendor’s experience with the provisions of equipment, supplies, materials, and services within the institutional marketplace.
  • The consistency of the vendor’s proposed equipment, supplies, materials, and services with the District’s overall supplies and materials procurement program.
  • The economic benefits to the local community, including, but not limited to, job creation and retention.
  • The environmental benefits to the local community.

The District will award a contract to the lowest responsible bidder, whose proposal offers the best value to the District based solely on the criterial set forth in the request for proposal. The District shall document its determination in writing.

The District shall issue a written notice of intent to award supporting its contract award and stating in detail the basis of the award. The notice of the intent to award and the contract file must be sufficient to satisfy an external audit.

The District shall publicly announce its award, identifying the bidder to which the award is made, the price proposal of the contractor awarded the contract, and the overall combined rating on the request for proposal evaluation factors. The announcement shall also include the ranking of the contractor awarded the contract in relation to all other responsive bidders and their respective price proposals and summary of the rationale for the contract award.

The District shall ensure that all businesses have a fair and equitable opportunity to compete for, and participate in, district contracts and shall also ensure that discrimination on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, does not occur in the award and performance of contracts.

Tie Bids   

Tie bids are defined as instances of identical pricing from responsible bidders that meet all requirements as set forth in the bid documents. Tie bids may be awarded by drawing lots or any other random choice manner. Care shall be taken by the buyer to ascertain that the tie bidders meet all requirements as outlined in the bid document before declaring a tie bid situation.   

Records and methods of determining the successful bidder shall be maintained in the procurement file for all tie or apparent tie bids.   

Single Bids   

In instances of only one bid being received, a determination must be made by the Purchasing Agent that the price submitted is fair and reasonable and that other prospective bidders had time to respond or that re-solicitation is not possible due to time constraints. In those instances, an award may be made. If it is determined in writing by the Purchasing Agent that the need for the product or service continues and that the acceptance of the sole bid is not advantageous to the District, then the procurement may be conducted in a manner as defined by the Purchasing Agent.   

Competitive Sealed Proposals   

The Request for Proposal (RFP) Process   

Purchases of goods and services in the aggregate amount of the current official bid limit and over that cannot be awarded by a process of competitive sealed bids, that is when the RFP is more advantageous, shall be procured through the use of a Request for Proposal process.   

Limits   

Bids or quotations shall be secured as may be necessary to obtain the lowest possible prices as follows:

• Purchase of goods or services up to the limits set out in the Public Contract Code will require documented quotes.

• Purchase of good or services in excess of the limits set out in the Public Contract Code will require formal advertised bids.

Contracts involving expenditures that require competitive bidding require approval by the Board of Trustees prior to award.   

Note: The bid minimums are annually readjusted by the Board of Governors as required by Public Contract Code Section 20651(d); The current bid minimum can be found at http://www.cde.ca.gov/fg/ac/co/   

The Request for Proposal   

The Request for Proposal shall include the following:   

• Instructions and information to proposers concerning the submission requirements, including time and date for receipt of proposals, the address of the office to which they are to be delivered, and any other information.   

• The purchase description, evaluation factors, delivery or performance schedule, and such inspection and acceptance requirements.   

• The contractual terms and conditions including warranty and bonding, or other security requirements applicable to the procurement.   

Proposal Time   

The proposal time is the period of time between the date of distribution of the Request for Proposal and the time and date for receipt of proposals.   

In each case, a proposal time shall be set that affords proposers a reasonable time to prepare the proposals. A minimum of 14 calendar days shall be provided unless a shorter time is deemed necessary for a particular procurement as determined in writing by the Purchasing Agent.  

Proposal Submissions   

The Request for Proposal document shall provide a form or format in which the proposer shall include all pertinent information relative to the process. The proposer shall sign and submit all necessary information called for in the Request for Proposal document.   

Public Notice   

Adequate public notice of the Request for Proposal or notices of the availability of the Request for Proposal shall be mailed or otherwise furnished to a sufficient number of proposers for the purpose of securing competition. Advertisement in a general publication newspaper with a local circulation may be used for sealed competitive proposals.  

Pre-Proposal Conferences   

Pre-proposal meetings may be conducted to explain the procurement requirements. They shall be announced to all prospective proposers known to have received a Request for Proposal. The meeting shall be held long enough after the Request for Proposal has been issued to allow proposers to become familiar with the document, but sufficiently before receipt of proposals to allow consideration of the conference results in preparation of their proposal.   

Generally the receipt of proposals will be no sooner than seven calendar days after the pre-proposal meeting. The Purchasing Agent must grant any exceptions in writing. Nothing stated at the conference shall change the Request for Proposal unless a change is made by written amendment.   

Amendments to Requests for Proposals   

Amendments to Requests for Proposals shall be identified as such and shall require that the proposer acknowledge receipt of all amendments issued. The amendment shall reference the part of the Request for Proposal that it amends.   

Amendments shall be issued within a reasonable amount of time for potential proposers to consider them in the preparation of their proposals. If the time and date set does not permit sufficient time for proposal preparation, the date and time of the proposal opening shall be extended in the form of an addendum.   

Withdrawal and Modification of Proposals   

Withdrawal or modification of proposals is acceptable if the notification of withdrawal or modification is received prior to the deadline for receipt of the proposals at the designated location. All documentation relating to a proposal withdrawal or modification shall be kept as part of the procurement file.   

Late Proposals   

A proposal, a request for withdrawal of proposal, or a modification of proposal is late if received at the designated location of the proposal receipt after the time and date listed in the Request for Proposal. Late proposals, late withdrawal of proposals, or late modification of a proposal shall be rejected. Proposers submitting proposals that are rejected as late shall be notified as soon as practical. Bids received late will be returned unopened.   

Receipt of Proposals   

Proposals and proposal modifications shall be received by appropriate staff, marked with the date and time of receipt, and stored unopened in a secure location until the proposal opening. Proposals shall be opened publicly at the time, date, and location advertised in the proposal document. The name of each proposer and other pertinent information shall be read aloud and recorded. Pricing information, if part of the Request for Proposal, is not read aloud or recorded.   

Mistakes and Informalities in Proposals   

Mistakes in proposals may be corrected by modification or withdrawal as outlined in sections above, if discovered prior to the proposal opening. After proposal opening, a proposal submitted in error of judgment may not be corrected. A proposal may be withdrawn pursuant to the following sections:   

• Minor informalities in a proposal may be waived if the Purchasing Agent deems it advantageous to the District.     

A proposal may be withdrawn after proposal opening only if the mistake is clearly evident to the Purchasing Agent or if the proposer establishes evidence clearly showing a mistake was made.   

Mistakes shall not be corrected after award of the proposal.   

Any withdrawals or corrections to a proposal permitted or denied after the proposal opening shall have a written determination that is included in the procurement file.   

Proposal Evaluation and Award   

The award will be made to the most qualified proposer, deemed most advantageous to the District, based upon review and recommendations of a committee of individuals that score responses to the Request for Proposal document based upon published grading criteria.   

Single Proposals   

In instances of only one proposal being received, a determination must be made by the Purchasing Agent that the proposal submitted is fair and reasonable and that other prospective proposers had time to respond or that re-solicitation is not possible due to time constraints. In those instances, an award may be made.   

If it is determined in writing by the Purchasing Agent that the need for the product or service continues and that the acceptance of the single proposal is not advantageous to the District, then the procurement may be conducted in a manner as defined by the Purchasing Manager.   

Procurement of Commodities   

The procurement of certain commodities on a regular basis is not practical with common public procurement procedures such as sealed bidding.   

Examples of these types of purchases include the ongoing purchase of gasoline or other commodity type items such as computer memory. Products such as these have pricing and availability, which vary on a daily or weekly basis.   

Methods of maximizing competition, within reason, are to be implemented by the Purchasing staff with the approval of the Purchasing Agent.   

Sole Source Procurement   

Products or services may be procured without competition if there is documentation that there is only one source available.   

Submission of cost and specifications data may be required by the requesting department in conjunction with the Purchasing department. Sole source procurement shall be avoided whenever possible.   

Written justification is required on all sole source determinations. They shall be approved by , the Dean of Administrative Services/Controller or the Vice President of Business Services.

   

All Sole Source Procurements require the Board of Trustees pre-approval.  

Examples of sole source procurement include, but are not limited to:  

• Products where compatibility with existing systems, equipment, or accessories is absolutely necessary for function, serviceability, warranty, or cost.   

• For trial or evaluation products or services.   

• For public utilities and services.   

Examples of single source procurement include, but are not limited to:   

• Unique services, such as advertising, in which circulation, billboard location, audience demographics, and other factors make each provider different.   

• Rental of certain facilities in which location is an important factor.   

Purchase Without Advertising for Bids  

The Vice President of Business Services is authorized to make purchases from firms holding county contracts without calling for bids where it appears advantageous to do so.   

The Vice President of Business Services may, without advertising for bids within the same county, purchase or lease from other public agencies materials or services by authorization of contract or purchase order.   

The Vice President of Business Services may make purchases through the State of California Cooperative Purchasing Program operated by the Department of General Services.

The Vice President of Business Services may make purchases through the California Community Colleges Chancellor’s Office CollegeBuys Program for the Procurement of Goods and Services for Community College Districts, without conducting an independent local bidding process, if the District determines that doing so would result in a lower contract prices upon the same terms, conditions, and specifications.    

Duration of Continuing Contracts for Services and Supplies   

Continuing contracts for work or services furnished to the District are not to exceed five years. Contracts for materials and supplies are not to exceed three years.   

Emergency Repair Contracts Without Bid  

When emergency repairs or alterations are necessary to continue existing classes or to avoid danger of life or property, the Vice President of Business Services may make a contract on behalf of the District for labor, materials and supplies without advertising for or inviting bids, subject to ratification by the Board.   

Unlawful to Split Bids   

It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of the Public Contract Code requiring work to be done by contract after competitive bidding.   

Kindergarten-University Public Education Bond Act Projects   

For projects funded by 2002, 2004, or 2006 Bond Funds, the Vice President of Business Services will initiate and enforce, or contract with a third party to initiate and enforce, a labor compliance program for that project under Labor Code Section 1771.7. The program will include:

• Appropriate language concerning the wage requirements of Labor Code Sections 1720 et seq., in all bid invitations and public works contracts.

• A pre-job conference with the contractor and subcontractors to discuss applicable federal and state labor law requirements.

• Project contractors and subcontractors shall be required to maintain and, at designated times, furnish certified copies of weekly payroll containing a statement of compliance signed under penalty of perjury.

• The District shall review, and if appropriate audit, the payroll records of the employees of the contractor and/or subcontractor. The review and audit shall be conducted by the Vice President of Business Services or an independent third party, but not the third party with whom the District contracts to initiate and enforce a labor compliance program under Labor Code Section 1771.7.

• If an investigation establishes that an underpayment of wages has occurred, the District shall withhold any contract payments, equal to the amount of underpayment and any applicable penalties.

• The Vice President of Business Services shall transmit a written finding that the District has initiated and enforced, or has contracted with a third party to initiate and enforce, the required labor compliance program, to the Director of the Department of Industrial Relations or any successor agency that is responsible for the oversight of employee wage and work hour laws.

Record Retention

• The District will retain records sufficient to detail the history of procurement. These records include: rationale for the method of procurement, selection of contract type, contractor selection and rejection, and the basis for the contract price. See AP 3310.

Technology Contracts 

Whenever the District enters into a contract for the purchase, development, procurement, maintenance or use or any electronic technology, the vendor shall certify that it complies with the requirements of Section 508 of the Rehabilitation Act of 1973 and its related regulations. This requirement shall apply to software applications, operating systems, web-based intranet and internet information and applications, telecommunications products, video or multimedia products, download video or multimedia, self-contained technology such as copiers, and desktop and portable computers.

Each contract with a vendor shall contain the provision:

“The vendor hereby warrants that the products or services to be provided under this agreement comply with the accessibility requirements of section 508 of the Rehabilitation Act of 1973, as amended, and its implementing regulations. Vendor agrees to respond promptly to and resolve any complaints regarding accessibility of its products or services that are brought to its attention. Vendor further agrees to indemnify and hold harmless the district from and against any claim arising out of its failure to comply with these requirements. Failure to comply with these requirements shall constitute a breach and be grounds for termination of this agreement.”

Prior to contract approval, the Vice President of Institutional Effectiveness shall review all technology contracts.  If the District signs a vendor contract, the District will assure that the required provision is included, even if included by Amendment.

AP 6345 Bids and Contracts - CUPCCAA

Informal and Formal Bidding Procedures under the Uniform Public Construction Cost Accounting Act, adopted by resolution by the Board of Trustees   

Public Projects are defined in Public Contract Code (PCC) Section 22002(c) as construction, reconstruction, erection, alteration, renovation, improvement, demolition, repair work, or painting or repainting of or involving any publicly owned, leased or operated facility. Public projects estimated to cost up to $220,000 shall be let to contract by procedures described below.

CUPPCAA Contracting Procedures & Dollar Amount Limitations as defined in Public Contract Code (PCC) Section 22032 

• Public projects of $75,000 or less: Can be performed by the public agency's own employees using force account, negotiated contracts, or purchase orders. 
• Public projects of $220,000 or less: Can be awarded using informal bidding procedures. 
• Public projects of more than $220,000: Must be awarded using formal bidding procedures.       

It is unlawful to knowingly split bids or purchase orders into smaller contracts to avoid public competitive bidding requirements (California Public Contract Code § 20657). 

Labor Code Compliance

All bid notices for work to be done shall contain an affirmative statement requiring compliance with Labor Code Sections 1775 and 1776 governing payment of prevailing wages and Labor Code Section 1777.5 governing employment of apprentices. All bid submissions must contain all documents necessary to assure compliance with these Labor Code sections. Failure to provide such documentation shall cause any such bid to be deemed incomplete.   

Kindergarten-University Public Education Bond Act Projects

Public Projects funded by the Kindergarten-University Public Education Bond Acts of 2002 and 2004 and any future State Bond funds require that the District initiate and enforce a labor compliance program pursuant to Labor Code Section 1771.5.   

Procedures Not Covered by this AP   

When this procedure does not establish a process for bidding Public Works Projects, the procedures described in AP 6430 titled Bids and Contracts shall govern.  

Contractors List   

Lists of contractors shall be developed and maintained by the Procurement Department.   

Award to Low Bidder; No Bids   

All contracts must be awarded to the lowest responsible bidders. If two or more bids are the same and lowest, the District may accept the one it chooses. When no bids are received, the District may perform Public Projects with District employees or through a negotiated contract without further complying with this procedure.   

Notice Inviting Informal Bids   

When a Public Project anticipated to cost less than $200,000 is to be performed, the District shall prepare a notice of the opportunity to bid. The notice must describe the project in general terms, state the time and place for the submission of bids and describe how to obtain more detailed information about the Project. The District shall send notice to all contractors for the category of work to be bid, as shown on the Contractors List. The District will send notice to all construction trade journals and other contractors.    

Award of Informally-Bid Contracts   

The Vice Presidents of Business Services or their designee is authorized to award informal contracts (defined as contracts for less than $200,000), except those contracts described below:   

Bids Exceed Informal Bidding Limit   

If all informal bids received exceed $200,000, and the District determines that the cost estimate was reasonable, the District may award the contract at up to $212,500 to the lowest responsible bidder. The contract must be approved by Resolution receiving a four fifths (4/5) vote of the Board of Trustees. PCC 22034(f)   

Bid Documents for Formal Bids   

The Vice President of Business Services or their designee, will see that plans, specifications and working details for all Public Projects estimated to cost more than $200,000 will use formal bidding processes (AP 6340).   

Notice Inviting Formal Bids   

When a Public Project, which is anticipated to cost in excess of $200,000 is to be performed, the District shall publish a notice inviting formal bids in a newspaper of general circulation. The notice shall be published at least 14 calendar days before the date of bid opening.

The notice shall also be sent electronically to all construction trade journals. The notice to construction trade journals shall be sent at least 15 calendar days before the date of bid opening. Other contractors and/or construction trade journals may also be notified, at the discretion of the department soliciting bids and notices shall be completed at least 30 days before the date of bid opening.   

When Contractors List Has Not Been Prepared: Proprietary Product or Service

Notwithstanding the above:    

• If the District has not prepared a list of contractors for the particular category of work to be performed, the notice inviting bids shall be sent to each of the construction trade journals.   

• If the product or service is proprietary in nature, such that it can be legally obtained only from a certain contractor(s) pursuant to Public Contract Code Section 3400, the notice inviting informal bids may be sent exclusively to such contractors.   

Contracts for Maintenance Work   

Contracts for Maintenance Work may be bid pursuant to the Informal Bidding Procedures described above. Maintenance Work is routine, recurring work done for the preservation or protection of a public facility; minor repainting; landscape maintenance including mowing, watering, trimming, pruning, planting or replacement of plants, and servicing of irrigation systems; work performed to keep, operate, or maintain publicly owned water, power, or waste disposal systems.   

Rejection of Bids; Re-solicitation; Use of District Employees   

If the District intends to reject all bids, it must send the apparent low bidder a written notice of the District’s intent to reject the bid at least two business days prior to the hearing at which the bids will be considered.  

After rejecting all bids, the District may:  

• abandon the project;   

• re-advertise the project; or   

• perform the work with District employees, after passing a resolution by a four fifths (4/5) majority of the Board of Trustees declaring that the project can be performed more economically by District employees.   

Statutory Exceptions 

Statutory exceptions for bidding and/or piggybacking are available in the California Education, Government, and Public Contract Codes. To exercise these statutory exceptions, certain criteria must be met. District board approval is required when citing a statutory exception. 

• California Public Contract Code § 3400. Sole Source. Sole source is a non-competitive purchase or procurement process accomplished with only one source, thus limiting full and open competition. Extensive justification for procurement under this exception is required, and districts are not usually permitted to designate specific products or brand names, unless under certain conditions. 

• California Public Contract Code § 20654. Emergency. In an emergency when any repairs, alterations, work, or improvement is necessary to any facility of the college, or to permit the continuance of existing college classes, or to avoid danger to life or property, the board may enter into contracts for materials or supplies, or for the performance of labor, without advertising for or inviting bids. Board approval must be made by unanimous vote, with the approval of the VP of Business Services. Bonds or security as otherwise required by law are still required. 

• California Education Code § 81651. Textbooks and Prepared Instructional Materials. The governing board of any community college district may purchase supplementary textbooks, library books, and educational films, audiovisual materials, test materials, workbooks, instructional computer software packages, or periodicals in any amount needed for the operation of the schools of the district without taking estimates or advertising for bids. 

• California Public Contract Code § 20660. Perishable Food Stuffs. Perishable food stuffs and seasonal commodities needed in the operation of cafeterias and food services may be purchased by a community college district in accordance with regulations adopted by that district, notwithstanding provisions of the code. 

• California Education Code § 81653. Federal Surplus. The governing board of any district may purchase from the federal government, or any agency thereof, surplus property, in any amount needed for the district’s schools, without bid advertising. 

• California Government Code § 53060. Special Services. This code allows for special services agreements by enabling “the legislative body of any district to contract with and employ any persons for the furnishing to the district special services and advice financial, economic, accounting, engineering, legal, or administrative matters if such persons are specially trained and experienced and competent to perform the special services required.” 

• California Education Code § 20651(c). Professional Services. The usual competitive bidding requirements do not apply to procurements for “professional services or advice.” Professional services require “specialized training, knowledge, and skills that meet a district’s specific needs.” See Fair Education Santa Barbara v. Santa Barbara Unified Sch. Dist., 72 Cal.App.5th 884 (2021). 

• California Public Contract Code § 20653. DGS Agreements. Community college districts may purchase materials, equipment or supplies through the Department of General Services (“DGS”) by leveraging California Multiple Award Schedules (“CMAS”). 

• California Public Contract Code § 20653.5 and Education Code § 81646. UC/CSU Agreements. Community college districts may purchase materials, equipment, supplies, or services under the same terms and conditions as are specified in a contract lawfully awarded by the University of California or the California State University. CSU and UC agreements may fall under the California Higher Education Shared Services (“CHESS”) Initiative; many have been adopted by FoundationCCC after adding community college specific terms. 

• California Public Contract Code 20651.2(a). DVBE Procurement. Allows for up to $250,000 in information technology and services – if purchased from a certified small business, including a microbusiness, or to a disabled veteran business enterprise (DVBE), if the community college district obtains price quotations from two or more certified small businesses, including microbusinesses, or from two or more disabled veteran business enterprises. 

AP 6380 Vendors

Authority

The Vice President of Business Services is responsible for administering these regulations and is the authority to amend these regulations.

Definition

• A vendor is defined as any outside entity wanting to do business with the District. Vendors may provide goods and/or services. Vendors must be identified and prequalified as deemed for all District procurements and contracts.

• These regulations describe the rules and procedures for setting up new vendors for the District.

Responsibilities

• The pre-qualification of vendors for any procurement purpose will be the responsibility of the Purchasing Office.

• The Accounts Payable Department is responsible for the set-up of new vendors and the maintenance of all approved vendors in the District Vendor Master List. Accounts Payable is also responsible for reporting vendor taxable income in compliance with IRS Form 1099 (1099).

• The Master Bidder’s List is the responsibility of the Purchasing Office. Any Vendor may request to be placed on the bidder’s list for future inclusion in the district bid process. The bidder’s list will be organized by commodity and vendors will be included in bid processes as placed within the bidder’s list. Vendors may request to be placed on the bidder’s list by sending a letter to the Purchasing Office listing all commodities that are provided.

• Initiators of Purchase Requisitions and Requests for Contracts are responsible for providing the full vendor information (address, phone, email, and fax numbers) of the suggested vendor listed on each requisition or contract request submitted to Business Services.

Unauthorized Purchases:  

Any unauthorized purchases made by College personnel may become the financial responsibility of the unauthorized purchaser. Only the Vice President of Business Services or designee(s) may authorize district dollars for any purchase. It is the responsibility of the vendor to ensure that they are dealing with the appropriate personnel prior to fulfilling orders for the District.

Unauthorized Shipments Received:

Any shipment received from a vendor without benefit of a purchase order or authorization of the Purchasing office representative will be accepted by the District as a gift. The District is not financially responsible for merchandise sent without prior approval of the Purchasing Office.

Changes to Authorized Orders/Contracts:

All changes to authorized orders and contract must go through the Purchasing Office. All vendors must contact the originating procurement officer to state changes. An official change order will be created for any authorized change. Unauthorized personnel may not make changes to any authorized purchase order or contract. Changes made by unauthorized personnel may become the financial responsibility of the unauthorized user or the vendor.

College Purchasing Policy:

In accordance with purchasing policy (AP 6330), the College will conduct procurement services with an open, competitive atmosphere that is beneficial to the buyer and the seller. The Purchasing Office buys on the basis of quality of product and service, competitive price and delivery. The District also considers goods of the local community and minority-owned businesses.

Supplier Diversity:

The District will attempt maximum utilization of its diverse supplier community and will encourage the use of minority and women-owned businesses according to College goals.

The District will seek active participation through advertisement, invitations to bid and requests for proposals for purchasing activities, and by providing information to minority and women-owned business about the plans, specifications and requirements of contracts and projects at the College.

Vendor Performance & Savings:

As standard purchasing practice, vendors are periodically evaluated on the basis of actual delivery performance compared to promise delivery dates, ability to meet emergency requirements, unauthorized partial deliveries, number of items rejected due to poor quality, and adherence to purchase order terms and conditions. The ability to provide competitive prices consistent with quality and service requirements is of great importance to vendor selection.

Vendor Contract and Sales Calls:

All sales calls on any College campus or College site will be coordinated through the Purchasing Office (with the exception of Cafeteria vendors). Any vendor soliciting any staff offices prior to contacting the Purchasing Office may be asked to leave. All contacts must go through the Purchasing Office prior to any other type of sales call.

District staff is instructed to coordinate with the Purchasing Office prior to having any vendor on-campus for a sales visit.

Vendors must make appointments with the Purchasing Office prior to coming to campus. Cold calls cannot be accommodated.

BP 6550 Disposal of Property

The Vice President of Business Services is delegated authority by the Board to declare as surplus such property of the District as is no longer useful for District purposes, and shall establish procedures to dispose of such property in accordance with applicable law. All sales of surplus personal property shall be reported to the Board on a periodic basis. This policy shall not be construed as authorizing any representative of the District to dispose of surplus real property at any time.

AP 6550 Disposal of Property

As appointed by the Vice President of Business Services, Surplus Property Management is the responsibility of the Purchasing Agent. Surplus property is defined as any District owned property that is no longer usable or needed by any District program.

Departments will notify the Purchasing Office of all excess and surplus materials on the Surplus Disposal form. Surplus equipment cannot be stored for an undetermined amount of time. Prior to the determination of the disposal methods, all surplus property will be offered to other District offices and programs if applicable.

Departments with surplus District property may NOT dispose of surplus property nor make arrangements for trade-in or donation. District property may NOT be used for personal use.

The disposal of property or equipment that was purchased with Federal funds must be disposed in adherence to the Federal rules and regulations governing this. The Purchasing Agent and the appropriate Director or Dean will be held responsible for adhering to the specific Federal regulations for each piece of equipment to be disposed of.

The Purchasing Agent shall assist with the determination of the fair market value of excess and surplus property. Methods used for determining value may include quotations, estimates; use of reference guides, online research, and other publications, as well as market indexes.

In accordance with California Education Code §81450.5, the Purchasing Agent may facilitate the transfer of excess or surplus materials to or between other colleges, eligible state educational institutions or other public entities. All proposed sales or donations of excess or surplus materials will be approved by the Board of Trustees. These excess or surplus materials must be offered to other MSJC programs prior to offering to other eligible nonprofit educational institutions or other public entities. Eligible non-profit educational institutions or public entities receiving surplus materials must sign an agreement stating that they will not sell, dispose, or transfer this equipment for the period of one year.

Surplus property shall be offered through public auction, competitive sealed bids, established markets, or posted prices. If unusual circumstances render the above methods impractical, the Purchasing Agents may employ other disposition methods, including appraisal or barter, provided the Purchasing Agent makes a written determination that such procedure is advantageous to the District. All surplus property readied for auction or by other means will be approved by the Board of Trustees. All surplus property will be advertised to District programs and offices two (2) weeks prior to the sale of the property.

Methods of disposition of surplus materials:

(A) Public Auctions, by the District or the District's designee, may be used to dispose of surplus materials. These auctions shall be advertised at least two (2) times prior to the auction date, the last notice to be no less than six days prior to the auction date. All the terms and conditions of any sale shall be available to the public at least 24 hours prior to the auction date; the Purchasing Agent may dispense with posting/publication and sale to the highest bidder if:

a. The surplus property is exchanged with, sold, or donated to a school district, community college district, or other public entity; or

b. The proceeds from sale or lease are expended to the general fund for purposes related to qualified community college facilities and the District complies with specified conditions.

(B) Competitive sealed bidding may be used to dispose of surplus materials. Notice for Sale bids shall be publicly available from the Purchasing Office at least ten days before the date set for opening bids. Notice of the Sale bids shall be mailed to prospective bidders, including those bidders on lists maintained by the Purchasing Office. The Notice for Sale bids shall list the materials offered for sale, their location, availability for inspection, the terms and conditions of sale, and instructions to bidders including the place, date, and time set for bid opening. Bids shall be opened publicly. (Ref. AP 6330) 

The award shall be made in accordance with the provisions of the Notice for Sale bids to the highest responsive and responsible bidder, provided that the price offered by such bidder is acceptable to the Purchasing Agent. If the offer is determined to not be advantageous to the District, the offer may be rejected in whole or in part and the bid process will be re-solicited.

(C) Trade-in options may be used to dispose of surplus materials. Prior approval by the Vice President of Business Services or their designee must be obtained before surplus materials are disposed of by trade-in to a vendor for credit on an acquisition. The Purchasing Agent or designee shall approve such disposal. The Purchasing Agent shall base this determination on whether the trade-in value is expected to exceed the value realized through the sale or other disposition of such materials.

Some surplus materials may be deemed as scrap by the Purchasing Agent. These materials are past a useful life; broken beyond repair; hazardous or unsafe; cannot be donated; or were unsold at a public auction or bid. The Purchasing Agent shall negotiate a price through a scrap dealer for these materials or dispose of surplus materials in an appropriate manner.

BP 6910 Cafeterias and Food Service

District Cafeteria(s) and food service shall be established by the Governing Board. The Vice President of Business Services shall establish administrative procedures for all cafeterias, concessions, food and soft drink vending and other food operations within the District. The Child Development Centers excluded. Food services of the District are to operate at cost. Equipment replacement, supplies, materials and other current operating costs of food services shall be charged against food service accounts.   

The food service operation shall be accounted by the District Accounting Office, in keeping with generally accepted accounting principles.

AP 6911 Catering

Authority

The Vice President of Business Services is responsible for administering these regulations and is the authority to amend these regulations.

Purpose

These regulations outline the District rules and procedures for catering events.

Employees are responsible for their own meals and snacks during the workday at their primary place of employment.

Business meal/refreshment expenditures connected with the conduct of District business may be permissible and the District will pay those expenses in accordance with specified procedures.

The District Food Services Department has the first right of refusal to provide food services for an event.   

Allowable Expenditures

District-paid meals and/or refreshments may be approved provided for the following meetings or activities that meet the below requirements:

Mandatory Requirement for Staff/Faculty only meetings/events that are scheduled during normal meal periods and duration of 4 or more hours:

• There must be a business reason to keep the group together during the meal period. Requestor is to explain why District business must be conducted during the meal period and why this business cannot be conducted at any other time. Business meals should support continuation of the meeting and not be the primary function of the meeting.

Other meetings where catering is allowable:

• Functions honoring volunteers, students, retiring employees, individuals in education   

• Educational events or conferences, seminars and workshops sponsored by the board of Trustees or the District   

• Functions for students and student program recognition ceremonies     

• Special functions that directly service a District need or objective   

• District-wide meetings (i.e. MSJC Academy, Classified Staff Day and Faculty Convocation)   

• Community events and service organization events   

• Activities as designated by a member of Executive Cabinet

Special Exception:

• For Hiring Panel: Vice President of Human Resources approval is required prior to catering request being submitted   

Unallowable Expenditures

Expenditures are NOT allowed for:

• Routine staff meetings    

• Informal meetings held in the normal course of performing a job (e.g. lunch between two or more staff members)   

• Meetings that are not related to MSJC business   

Monitoring

• Guidelines will be monitored at the District level as directed by the president, Vice President, or designee   

• All purchases are subject to availability of funds

Employee Responsibilities

All catering requests are to be initiated by submitting a Catering Request via MSJC Support. If approved, an Internal Transfer Requisition will need to be entered in Galaxy. The internal transfer requisition must be fully approved 15 days prior to the event. See Galaxy On-line Requisitioning Manual V3 or contact Business Services for instructions.

If the district's Food Service Department cannot fulfill the catering requested, a denial will be communicated via  MSJC Support to the requestor.

The following steps will then be initiated within the original catering support ticket:

1.  MSJC Support will notify the requester and provide an approved food vendor list. If the desired food vendor is not on the approved list, the requester must indicate this in their support ticket. Any vendor not on the approved list must undergo vetting and preapproval by the Risk Management and Procurement team. The food vendor must meet the following criteria to be prequalified for catering services for the District:

• W-9 form
• Business License
• Food handler certifications
• Most recent Inspection Report and Rating Certificate from the County of Riverside
• Certificate of Insurance (COI) listing MSJC (Mt. San Jacinto College) as an additional insured with the following Commercial general liability insurance coverage limits:
  • $1,000,000 per occurrence (combined single limit for bodily injury and property damage)
  • $1,000,000 for personal and advertising injury liability
  • $1,000,000 aggregate on products and completed operations
  • $2,000,000 general aggregate

These criteria must be met to ensure the food vendor's compliance with safety, licensing, and insurance standards before providing catering services to the District.

2. The requester is responsible for contacting and coordinating their catering needs with a preapproved food vendor.

3. Once a quote is obtained, the requester must upload the proposal to the original support ticket.

4. The Procurement team will evaluate the proposal to determine the next steps. If the catering services fall within the scope of existing contracts, the ticket will be forwarded to the Contracts team. The Contracts team will then communicate the subsequent steps to complete a services agreement with the caterer.