Chapter 80: Purchasing

80.010 Procurement

kuscheld — Wed, 26 May 2010 19:37:00 +0000

80.010 Procurement kuscheld Wed, 05/26/2010 - 19:37

Bd. Min. 6-15-56, p. 9,439-9,441; Ex. Min. 2-18-70, p. 2,384; Bd. Min 6-29-79; Bd. Min. 10-31-86; Bd. Min. 5-5-89; Bd. Min. 5-6-93; Amended Bd. Min. 12-15-95; Bd. Min. 9-27-01; Bd. Min. 3-22-02; Bd. Min. 4-1-04; Bd. Min 6-14-13; Bd. Min. 4-10-14; Amended Bd. Min. 11-15-18; Amended Bd. Min. 11-21-19.

The President shall have the authority to purchase supplies, equipment, and services in conformance with these Collected Rules and Regulations.
The President shall also be authorized to:
1. Participate in cooperative purchasing arrangements with any public entity or group, and execute purchase contracts for the University under these arrangements, provided the procurement methods and procedures of such entity or group are consistent with University policies. Expand University’s Cooperative Purchasing program allowing other public entities, affiliates, owned subsidiaries, and higher education institutions to access University awarded agreements.
2. Reject bids, reissue bids, or to purchase items or services, on the open market if they can be purchased at a better price than bid.
3. Contract with other schools and colleges and with outside agencies for educational and training programs and for the use of facilities and instructors for regular University or extension courses.
4. Contract with authors relating to publications of books by the University Press.
5. Contract for the conduct of intercollegiate athletic programs.
6. Execute agreements for all intercollegiate athletic contracts for the scheduling of athletic contests, for broadcasting and telecasting athletic contests and for programs and concessions covering athletic contests.
7. Contract for purchase of items for resale in the normal operations of the University's bookstores or other auxiliary services, and waive bidding requirements when it is in the best interests of the University.
Board of Curators approval shall be obtained for purchases for unique items or services which do not lend themselves to competitive bidding when the cost is more than $500,000, except for proprietary licenses or maintenance agreements necessary for operation of University computing equipment or turbine and generator Original Equipment Manufacturers (OEM) for parts and labor, in which case the President shall be authorized to enter into these contracts.
Competitive bids are not required for items and services valued at $10,000 or less, if there are no savings or advantages if bid.
Competitive bids shall be obtained when the estimated value exceeds $10,000. However, purchases for unique items and services which do not lend themselves to competitive bidding may be purchased on a negotiated basis without bidding.
Purchases estimated to cost $100,000 or more shall be advertised in such places as are most likely to reach prospective bidders.
In competitive bidding and in instances in which competitive bids are not required, preference shall be given to Missouri products, materials, services and firms when the goods or services are of equal or better overall value. In assessing overall value, consideration will be given to the extent to which proximity or Missouri preference of the supplier provides potential advantages or reduction of risks. Firms are considered "Missouri firms" if they maintain a regular place of business in the State of Missouri.
An annual report shall be provided to the Board for purchases and competitively bid services contracts when the cost is more than $1,000,000; equipment leases when the total cost is more than $1,000,000 or when the lease term is more than five years.

80.030 Insurance

kuscheld — Wed, 26 May 2010 19:38:00 +0000

80.030 Insurance kuscheld Wed, 05/26/2010 - 19:38

Bd. Min. 6-30-78; Amended Bd. Min. 10-15-82; 12-1-97. Revised 2-5-15.

Types of Insurance Coverages -- The University may purchase the following insurance coverages under the following conditions:
1. Property (excluding Fidelity)
  1. On specific or groups of University properties when the potential loss could be so large that the ability of the University to repair or replace the loss on a timely basis through state appropriations or other sources would be questionable.
  2. On University property where required by bond indenture, condition of trust or agreement, Federal or State Law; or
  3. On University property where the premium to insure will be paid from sponsored gifts, grants or contracts (non-general operating funds); or
  4. On University property used by an Auxiliary Enterprise or Sales and Service facility functioning like an Auxiliary Enterprise; or
  5. On property of others where required by the donor, exhibitor or owner as a condition of use.
2. Casualty
  1. Where required by bond indenture, condition of trust or agreement, or required by or voluntary acceptance of, Federal or State law; or
  2. Where the President determines that it is in the best interest of the University to provide insurance as an incident of employment for University employees who may become liable for their actions resulting from and directly related to, their position as an employee of the University; or
  3. Where the President determines, because of particular circumstances, that it is in the best interest of the University to provide insurance against its liability from its operation, maintenance or use of specific buildings, premises or other property owned or controlled by it.
3. Fidelity, Bonds and Other
  1. Where required by condition of trust or agreement, Federal or State law; or
  2. Where the President determines the cash and securities, employees or assets of the University are or may be at risk.
4. Staff Benefits coverages upon recommendation of the President.
5. Student insurance programs approved by the President and either funded by the students or for which University funds have been approved in the Budget.

Methods of Purchase
1. Until otherwise directed by the Board of Curators (Board), the method of purchase of all property, casualty, fidelity and student insurance shall be:
  1. Through competitive proposals solicited from two or more brokers, which shall be selected through a University pre-qualification process, and with Board approval; or
  2. By a program of self-insurance, with the program having been approved by the Board.
  3. Specialty markets may be accessed via a specialty broker.
2. The method of purchase of all Staff Benefit insurance shall be:
  1. By proposal from Brokers based on a University Request for Proposals; with the proposal having been selected with Board approval; and/or
  2. By a program of self-insurance, with the program having been approved by the Board.
Delegation of Authority to Purchase -- The President is authorized to purchase any of the insurance coverages authorized in Section 80.030 A meeting the conditions thereof, by the methods outlined in Section 80.030 B and for which funds are available for payment of premium, without reporting to or requesting authority of the Board; provided, however, the authority of the Board will be required for the purchase of insurance for:
1. Any Staff Benefit program that was not covered by insurance as of the date this Policy or amendments thereto are approved by the Board; and
2. Any change in coverage or conditions of Staff Benefit programs subsequent to the date this Policy or amendments thereto are approved by the Board unless funds therefor have been provided in the approved Budget.
No Waiver of Immunity--
1. By authorizing the purchase of insurance pursuant to this policy, the Board of Curators does not intend to waive and does not waive sovereign immunity, governmental immunity or any other immunity enjoyed by The Curators of the ��ҹӰԺ, its Board of Curators, its officers, administrators or employees and no language contained in any insurance policy purchased pursuant to this policy shall be construed to constitute a waiver of sovereign immunity, governmental immunity or any other immunity enjoyed by The Curators of the ��ҹӰԺ, its Board of Curators, its officers, administrators or employees.
2. By approving the establishment of a program of self-insurance, the Board of Curators does not intend to waive and does not waive sovereign immunity, governmental immunity or any other immunity enjoyed by The Curators of the ��ҹӰԺ, its Board of Curators, its officers, administrators or employees and no language contained in any program of self-insurance approved by the Board of Curators shall be construed to constitute a waiver of sovereign immunity, governmental immunity or any other immunity enjoyed by The Curators of the ��ҹӰԺ, its Board of Curators, its officers, administrators or employees.

NOTE: The President shall have the authority to determine the form of coverage, policy terms and conditions, the amount of coverage or limits of liability, the amount of any deductible, method of premium payment, and when or if proposals will be received based on University Request for Proposals.

80.040 Enhancement of Computer Awareness, Literacy and Use

kuscheld — Wed, 26 May 2010 19:46:02 +0000

80.040 Enhancement of Computer Awareness, Literacy and Use kuscheld Wed, 05/26/2010 - 19:46

Bd. Min. 7-22-83; Revised 10-1-98.

Seminars and Training Programs -- That the University adopt a policy for the enhancement of computer awareness, literacy and use by the University community that provides seminars and training programs and permits the individual faculty, staff or student member of the University to purchase micro-computers and associated software through the University as a means to improve its computer education program.
Cost Savings -- That members of the University community be permitted to acquire micro-computers and associated software through the University Bookstore operations, under contracts which provide substantial savings to the individual.
1. That members of the University community who elect to purchase micro-computers and software through University approved contracts be required to pay the full cost of purchase, including sales taxes and all University expenses associated with the transaction.
Contractual Authority -- That the Assistant Vice President for Management Services be authorized to enter into contractual arrangements with various computer companies for such individual purchases subject to the approval of the General Counsel.

80.070 Disbursements

kuscheld — Wed, 26 May 2010 19:47:58 +0000

80.070 Disbursements kuscheld Wed, 05/26/2010 - 19:47

Bd. Min. 2-14-57, p. 10,451.

A. Erection and Repair of Buildings -- All buildings contractors, erecting or repairing buildings, are to be paid directly by The Curators of the ��ҹӰԺ and such payments are to be submitted to the State Treasurer for reimbursement therefor from the appropriate appropriated funds.