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Procurement Code Revisions

Procurement Code Revisions . Campus Training . Audit of Utah’s Department of Alcoholic Beverage Control . Operational Audit – processes Violated “Open Meeting” Laws Conflicts of Interest – Commissioner’s owned businesses in which the DABC did business – wasn’t disclosed.

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Procurement Code Revisions

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  1. Procurement Code Revisions Campus Training

  2. Audit of Utah’s Department of Alcoholic Beverage Control • Operational Audit – processes • Violated “Open Meeting” Laws • Conflicts of Interest – Commissioner’s owned businesses in which the DABC did business – wasn’t disclosed. • Fair bid practices were not conducted • Real estate acquisitions were not per state guidelines

  3. Sole Source Procurements • A formal letter must be provided to the Purchasing Office which will include an explanation on why there are no other possible sources. • Where a Sole Source has been authorized, the project must still be posted for public view for 10 days prior to moving ahead. • Purchases that cannot be considered “Sole Sources” • Software • Consultants • Most Service Programs

  4. Request for Proposal – RFP’s • RFP Request Form must be completed prior to project start • Proposal Analysis – Two-Step Process. Selection Committee will evaluate and select a proposal WITHOUT pricing or cost data. • Prior to award, a complete Cost Analysis (value to the campus) will be completed.

  5. Leasing – Code 63G-6a-1209 • “Procurement Officer determines that it is in the best interest of the procurement unit to lease the procurement item, after the procurement officer • Investigates alternative means of obtaining the procurement item; and • Considers the costs and benefits of the alternative means of obtaining the procurement item; • All conditions for renewal and cost are included in the lease; • The lease is awarded through a standard procurement process…; • The lease is not used to avoid competition…”

  6. Contract Prepayments 63G-6a-1208 • “A procurement unit may not pay for a procurement item before the procurement item is received by the procurement unit, unless the procurement officer makes a written finding that it is necessary or beneficial for the procurement unit to pay for the procurement item before the procurement item is received by the procurement unit” • Exceptions – • When it’s “customary in the industry to prepay for a procurement item” • If the “Procurement Unit will receive an identifiable benefit by prepaying…” • A prepayment request by a vendor will require them to provide a 100% performance bond

  7. Gratuities and Kickbacks 63G-6a-2304.5 • Hospitality Gift – Under $10 – “a promotional or hospitality item, including, a pen, pencil, stationary, toy, pin, trinket, snack, nonalcoholic beverage, or appetizer” – Does NOT include “money, a meal, a ticket, admittance to an event, entertainment for which a charge is normally made, travel, or lodging” • SUU Employees are “Procurement Participants” • Section 3 and 4 – Unlawful to offer or accept a gratuity • Total Hospitality Gifts from a single person or vendor per calendar year - $50 • Philanthropic exceptions • All Vendors must contact the Purchasing Office prior to coming on campus

  8. Gratuities and Kickbacks – Penalties • A person who violates this section is guilty of: • a felony of the second degree if the total value of the gratuity or kickback is $1,000 or more; • a felony of the third degree if the total value of the gratuity or kickback is $250 or more, but less than $1,000; • a class A misdemeanor if the total value of the gratuity or kickback is $100 or more, but less than $250; or • a class B misdemeanor if the total value of the gratuity or kickback is less than $100 • Code 63G-6a-2302 – Factual Information to Attorney General if unlawful or anticompetitive practices suspected.

  9. Splitting a Purchase • 63G-6a-408 Subsection 8 - Small Purchases – “It is unlawful for a person to intentionally or knowingly divide a procurement into one or more smaller procurements with the intent to make a procurement qualify as a small purchase…” • “A person who violates Subsection 8 is subject to the criminal penalties described in Section 63G-6a-2305”

  10. 63G-6a-2305 - Penalties for artificially dividing a purchase • A person who violates 63G-6a-408 is guilty of: • a felony of the second degree if the total value of the divided procurements is $1,000,000 or more; • a felony of the third degree if the total value of the divided procurements is $250,000 or more, but less than $1,000,000; • a class A misdemeanor if the total value of the divided procurements is $100,000 or more, but less than $250,000; or • a class B misdemeanor if the total value of the divided procurements is less than $100,000

  11. Reminders • Any violation of Gratuities/Gifts or Splitting Transactions codes will, per statute, result in loss of employment. • No one can sign a contract or agreement; regardless of the value • Bid limits are still at $2,000 – over $5,000 projects are required to be done by the Purchasing Office • Purchasing Cards – no split transactions; do not let anyone else use your card, regardless (no one is authorized to instruct an employee to let someone else use his or her card); keep all receipts and documentation; no unauthorized meals may be purchased.

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