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Welcome to the Purchasing Card Policy Changes Webinar The meeting will begin promptly at 10:00 AM. Instructions: Dial into the conference call to hear the audio. The number is 712-580-0380 Enter the passcode: 818179#
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Welcome to the Purchasing Card Policy Changes WebinarThe meeting will begin promptly at 10:00 AM Instructions: • Dial into the conference call to hear the audio. The number is 712-580-0380 • Enter the passcode: 818179# • If you have technical difficulty, call the Meeting HelpDesk at 404-561-4671 After you announce yourself, you will be placed on hold until the Meeting Organizer addresses you During the Presentation: • All callers, except the presenter, will be muted • You can ask questions by using the Question and Answer or Chat messaging feature on the Webinar Panel • Your questions will be answered at the end of the presentation
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Purchasing Card Policy Changes AnOverview of Statewide Purchasing Card Policyand HB 1113State of GeorgiaDepartment of Administrative Services July 21, 2008
Webinar Guidelines Questions Use the Question and Answer or Chat messaging feature on the Webinar Panel Responses to Questions Questions will be answered at the end of the presentation Follow Up A recording of the Webinar will be posted on the State Purchasing Division website Additional Questions You can mail additional questions through the Purchasing@doas.ga.gov email address
Your Presenter Title: State Cards Program Manager Accomplishments: Over 16 years of bankcard experience Contact: Paul.Kurtz@doas.ga.govPhone: 404.656.5344 Paul Kurtz
Agenda • Overview of HB 1113 • Statewide Purchasing Card Policy • Local Program Roles and Responsibilities • About the P-Card • Links and Resources • Questions
State Code: §50-5-83 • What the new law does: • Defines unlawful use of the purchasing card and other forms of payment “so as to prohibit the use of state funds by purchase orders, government contracts, credits cards, charge cards, or debit cards, or other such payment vehicles for personal benefit or gain” • Provides requirements for the State Purchasing Card Program • Defines penalties for violators • Authorizes the communication of rules and regulations
State Code: §50-5-83 (Continued) • What the new law doesn’t do: • Make it harder or less beneficial to use the purchasing card • Change the intended use of the card • Present a reason not to use the card in a proper and legal manner
State Code: §50-5-80 (Continued) • Use of the Purchasing Card for unauthorized or personal purchases is prohibited • Any person who obtains goods or services in an amount less than $500 will be guilty of a misdemeanor of a high and aggravated nature • Purchases equal to or greater than $500 shall constitute a felony • In addition to criminal consequences, there are also employment and restitution repercussions • Immediate termination of state employment • Restitution of the purchase amount plus interest • Any person (including supervisors or other approving officials) who knowingly or through willful neglect assists are subject to the same penalties
State Code: §50-5-83 • O.C.G.A. §50-5-83(b)(12) requires criminal background checks on all employees hired for positions that are eligible for purchasing card • Existing Cardholders as of July 1, 2008 • Background checks required prior to the next renewal date of the individual P-card • Discovery of “any misdemeanors or felonies related to financial wrongdoing, theft, or other act of dishonesty” requires cardholder’s privileges immediately terminated and notification of State Cards Program Manager • New cardholders after July 1, 2008 • Criminal background check require prior to issuing card • Discovery of “any misdemeanors or felonies related to financial wrongdoing, theft, or other act of dishonesty” eliminates employees eligibility to have a card
State Code: §50-5-83 (Continued) • O.C.G.A. §50-5-83(b)(12) also requires credit checks on all employees issued a purchasing card after July 1, 2008 prior to issue • Obtaining and interpreting the credit checks has been left to the discretion of the agency or institution • DOAS can not advise on the law requiring the credit check • Agencies and institutions should work internally and with their HR departments to create internal policies regarding credit checks
Overview of Policy Changes • Use of the purchasing card for personal purchases prohibited • Misdemeanor and Felony violations defined • Consequences for Cardholder and Approver • Revision of statewide program administration – two sections • Statewide Program • Local Program roles and responsibilities • Use of Card • Program Compliance • Legal Issues
State Policy Update • DOAS administers the contract • SPD personnel are resources regarding policy and implementation • State Purchasing Card Policy establishes minimum standards of usage • Official Policy is posted on the State Purchasing website http://statepurchasing.doas.georgia.gov/vgn/images/portal/cit_1210/9/51/116137225P-cardPolicyNews.pdf
State Cards Program Manager Duties and responsibilities: • Develop the State Purchasing Card Policy • Review Policy at least annually • Communicate policy changes to program users • Serve as the central point of contact on all issues of policy and procedures • Official liaison between the Bank and all program users • Review all requests for exceptions to the Policy • Work with program users to determine new ways to use the p-card within legal and policy requirements • Develop & maintain statewide training materials and manuals
DOAS Process Improvement & Audits Duties and responsibilities: • Conduct periodic reviews of the programs at entities under the authority of SPD purchasing • Issue reports providing an assessment of the program making recommendations for improvement when warranted • Require policy improvements and/or place other restrictions on card programs in cases where it is determined that internal controls are not adequate
Card Program Administration • Agency Procurement Officer (APO) or College/University Procurement Officer (CUPO) • Serves as official liaison between entity and State Cards Program Manager • Roles and responsibilities (can be delegated): • Card Program Administrator • Program Administration • Program Compliance • Set appropriate limits on program in order to ensure adequate review • Develop training • Establish procedures, monitor use • Manage account requirements
Card Program Administration (continued) • Roles and responsibilities (continued): • Supervisors/Approving Officials • Maintain knowledge of State Purchasing Card Policy as well as internal policies and procedures • Request p-cards for users • Notify Program Administrator when a cardholder resigns, is terminated or reassigned • Monitor transactions and card activity • Review all documentation • All signatures must be original signatures – rubber stamps are prohibited
Card Program Administration (continued) • Roles and responsibilities (continued): • Cardholder • Maintain security of card and all related information • Maintain knowledge of State Purchasing Card Policy • Ensure all purchases are allowable under State and internal policies • Ensure all purchases comply with Georgia Procurement Manual • Obtain “best value” for State • Maintain all required documentation • Sign transaction log and monthly billing statement • Ensure timely payment
Internal Controls • Each entity must have their own policy that ensures compliance with State laws, rules and policies • Internal policies may be stricter, but can not be less strict than State policy • Internal controls must include: • Separation of duties • Weekly independent review • Appropriate hierarchical review and approval of purchases • Prevention of self-approval • Appropriate limits on the number of cardholders under one supervisor • Provision for an annual independent audit
Use of the P-card • General Policies • Purchases must be for official State business • Only the employee whose name appears on the card is authorized to use that card • Use of the card for personal purchases is strictly prohibited
Allowed Purchases • Can be used for small value purchases not otherwise prohibited or restricted • Supplies • Materials • Equipment • Services • Must be within cardholder assigned spending limits • Card Program Administrators can manage spending limits up to $5,000 • Transactions ≥$5,000 for Open Market Purchases must receive prior written approval from State Cards Program Manager • Special Approval Request Form SPD-PC003
Allowed Purchases (continued) • Allowable Purchases • Equipment • Single units under $1,000 for State Agencies, Commissions or Boards • Single units under $3,000 for colleges and universities under the authority of the Board of Regents • Supplies or materials up to the cardholder’s Single Transaction Limit (STL) and/or approved cycle limit • Single purchases of supplies and materials over $5,000 provided: • Open-Market Purchases have been competitively bid using eQuote, the Georgia Procurement Registry or other electronic solicitation tools: and • Prior, written approval is obtained from the local Program Administrator, the purchaser’s supervisor and the SCPM • Use Form SPD-PC003, Purchasing Card Special Approval Request • Documentation must include solicitation number • No prior approval is needed for purchases exceeding $5,000 from statewide contracts, agency contracts, or mandatory sources • Documentation must include reference to Statewide Contract or agency contract number
Allowed Purchases (continued) • Allowable Purchases (continued) • Airline tickets and vehicle rentals for State personnel (refer to State Travel Regulations) • For colleges, universities and technical schools: • No special approval needed for: • Food and lodging for student activities (see Policy for conditions) • Food for research, laboratory animals or instructional use
Prohibited Purchases • Personal purchases of any kind • Cash advances • Gift Cards • Employee travel expenses (except those listed in Allowed Purchases) • Entertainment • Alcohol • Tobacco products • Fuel, repair and maintenance of State-owned or rental vehicles (exceptions with proof of Maximo utilization) • Professional services [as defined by O.C.G.A. §14-7-2(2)] • Food (except for “group meals” according to State Accounting Office Group Meal Policy and allowed purchases for schools)
Emergency Purchases • In emergencies, Program Administrators are allowed to obtain after-the-fact approval • “Emergencies” defined as: • Cases involving welfare of the general public • Extreme weather conditions • Official declared emergencies • Program Administrators must submit Form SPD-PC003, Special Approval Request within 72 hours • Must follow guidelines for emergency purchases in Georgia Procurement Manual • Include Form SPD-NI005, Emergency Justification Form available on SPD website
Sole Source/Sole Brand Purchases • Guidelines found in Georgia Procurement Manual • Any request for a Single Transaction Limit of $5,000 or more qualifying as a Sole Source and/or Sole Brand must include From SPD-NI003a (Sole Brand Justification) or Form SPD-NI003b (Sole Source Justification) or both • Forms must be attached to the transaction log and/or monthly billing statement
Link to State Code (HB 1113) http://www.legis.ga.gov/legis/2007_08/sum/hb1113.htm DOAS Website http://doas.georgia.gov/02/doas/home/0,2451,21917123,00.html State Purchasing Website http://statepurchasing.doas.georgia.gov/02/doas/osp/home/0,2469,35226973,00.html State Purchasing Card Policy http://statepurchasing.doas.georgia.gov/vgn/images/portal/cit_1210/9/51/116137225P-cardPolicyNews.pdf SPD Official Forms Website http://statepurchasing.doas.georgia.gov/00/channel_title/0,2094,35226973_76322813,00.html