PURCHASING PROCEDURES by T3MNMo

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									                           PURCHASING PROCEDURES

     The following summary of purchasing procedures is intended

as   an    informative      guide   to    all   individuals      involved    in

requesting goods and services. The UALR Purchasing Policy and

Procedure is developer for compliance with State Statutes 19-11-

201 thru 1206; 91-4-1206; 15-4-301 thru 820; 22-8-101 thru 104;

23-61-601 thru 610; UA Board Policy.



                       UALR PURCHASING MISSION

The UALR Purchasing Department is a service organization

established to support the delivery of quality education to our

students by providing faculty and staff professional and

experienced guidance for the economical, timely and effective

acquisition of equipment, materials and services.



PURCHASING AND CONTRACTING AUTHORITY

     All     purchases,      rentals,     leases,     lease/purchases        and

contract services for the University of Arkansas at Little Rock,

regardless    of     the   source   of    funds,    are   subject     to   laws,

regulations    and    procedures    and    should    be   for   the    official

business of the University. The Purchasing Department is the

sole purchasing authority for the University.                   Purchases not



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authorized     by     the    Purchasing    Department            are   not        legal

obligations of the University.




I.    CONFLICT OF INTEREST/PROHIBITIONS, VIOLATIONS,
      PENALTIES

      No firm shall be eligible to sell to the University in any

instance in which either the executive head of the University,

the   Agency   Purchasing      Official    for      the    University,       or    the

Director of State Procurement shall have financial interest.                        It

shall be unlawful for any board or commission member or officer

or employee of the State, or any firm with which any such person

is connected, to sell to the State Agency with which he is

connected    except     in   instances    in    which      the    price   of      such

commodities is fixed by law, by an agency of government with

which he is connected, or by a contract let by another State

agency.

      The   executive    head,   the   Agency       Purchasing     Official,       any

other officer or employee of any State Agency, or the Director

of State Procurement who shall knowingly violate any of the

provisions     of   these    regulations       or    the   provisions        of    any

applicable Arkansas statutes shall be dismissed from employment.



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Furthermore,     any    such   officer,     employee,        board    or    commission

member who shall knowingly make any sale in contravention of the

regulations set forth in any applicable Arkansas statute shall

be fined in any sum not to exceed five thousand dollars ($5,000)

and/or shall be subject to imprisonment.



II.   PROCUREMENT

      This section is a guide for individuals responsible for

requesting goods and services.              It outlines the procedures for

acquisition and relates these procedures to the necessary forms.

These      procedures   should      benefit    those     keeping          departmental

records     of   purchasing     transactions.           It    is     important      that

procedures       outlined      in   this      section        be    followed,        thus

eliminating problems and resulting in a more efficient handling

of departmental needs.

      A.     PURCHASE REQUISITION

             Purchase     Requisitions        are    created         in    Banner     by

             authorized      individuals.      Completed          requisitions       are

             routed     to     designated     Banner         Document       Approvers.

             Approved    requisitions are routed to UALR Purchasing

             for processing. Detailed instructions for requisition

             creation    and    approval    are     available        under   separate

             procedure manuals.




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B.   PROCESSING OF THE PURCHASE REQUISITION

     The following steps describe the procedures for

processing a Purchasing Requisition.         The requisitioning

department completes a Purchase Requisition form.

1.        The   requisitioning      department    completes      the

          Purchase Requisition for approval using Banner.

2.        The approving authority routs the requisition to

          the Purchasing Department.

3.        Upon receipt of the requisition, the Purchasing

          Department checks description of items, estimated

          costs, FOAPALs, delivery information, etc.

          a.    The Purchasing Department will contact the

                requisitioning department if there is a need

                for      an    explanation       or     additional

                information.

          b.    The Purchasing Department will process the

                completed and approved requisition according

                to    procedures   established   by   Arkansas   Law

                for procurement of the goods and services

                requested.

4.   Once the requirements for procurement are met, the

      Purchasing Department issues a purchase order.



C    PURCHASE ORDER


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            The purchase order is a numbered document issued

only by the UALR Purchasing department.          The purchase order

number     serves   as    the   identification    number   for      the

procurement from the time the purchase order is processed

until final payment is made to the vendor.

            The purchase order is the document that completes

the order process. Required elements of the purchase

order are the vendor, the items purchased, the quantity of

items    ordered,   the   price,   where   the   items   are   to   be

delivered and the FOAPAL paying for the order. The vendor

relies on the purchase order, or at least a purchase order

number, to fill and ship an order.

        There are three copies of the purchase order produced

by the Purchasing Office.          The copies are distributed as

follows:

Original Copy – This is the original copy and is sent to
the vendor.

Purchasing Copy – This copy is retained by the Purchasing
Office as a file copy.

Receiving Copy – This copy is sent to the ordering
department and is used to verify that shipment has been
received and to authorize payment by Accounts Payable.
When shipment is received, sign and date this copy and
forward to Accounts Payable.




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        Departments   experiencing    problems    with    a   purchase

order    should   contact   the   Purchasing   Office    at   569-3144.

Purchasing handles all changes to purchase orders.




D    RECEIVING

        Upon receipt of the commodities/services in their

entirety, the requisitioning department signs (initials are

not acceptable) and dates the receiving copy of the

purchase order and returns it to Financial Services –

Accounts Payable (AP).      Upon receipt of partial shipments,

departments should sign and date a copy of the receiving

copy with items received circled and forward the copy to

Accounts Payable.

E       INVOICING AND PAYMENT

        All invoices should be addressed to and received in

Financial Services.     Departments should not be sent

invoices.    Financial Services – Accounts Payable can not

process payment without a signed receiving report.

Accounts Payable will contact departments about invoices

without a receiving report.

F.      PURCHASE ORDER CHANGE

        A department may ask for a change or amendment to an

outstanding purchase order.        Purchasing determines if a


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    change is possible.        The department must send a memorandum

    to     Purchasing    or    email      routed     through    all      required

    approvers     indicating       the   purchase     order    number,     vendor

    name, and the nature of the desired change.                If allowable,

    Purchasing will change the purchase order.                If not,

    Purchasing will notify the department. A requesting

    department     should not make direct contract with a supplier

    to change a Purchase Order without prior approval from

    Purchasing.

    G.     PURCHASE ORDER CANCELLATION

           A purchase order may be cancelled if special

    circumstances require this action.              The department must

    send    a   memorandum    or   email    routed    through    all     required

    approvers     to    Purchasing       indicating    the     purchase     order

    number, vendor name, and a request to cancel.                     Reason for

    cancellation must be given as well. Purchasing will then

    determine whether or not cancellation is possible.                    If not,

    the department will be notified. Otherwise, Purchasing will

    cancel the purchase order.             Requesting departments should

    not cancel an order without prior approval from Purchasing.

III. GOVERNING REGULATIONS AND POLICIES

    A.     SMALL PURCHASES/OPEN MARKET PURCHASES

           Small purchases totaling less than $5,000 can be made

    by the Purchasing Department without bid procedures, except


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for   printing       and       state    contract     items.            It     is   the

responsibility of the requisitioning department to supply

accurate vendor name and address, and pricing (including

shipping     cost)       for    all    requests     for    less       than    $5,000.

Although     bidding       is   not    usually     required          below    $5,000,

departments are advised to exercise prudent judgement in

specifying    items       and    entering    vendor       information         on   the

purchase requisition.             Some vendors offer discounts to the

University,    and       the    Purchasing        Department         may    determine

that an item or items requested are available at better

prices from a source other than the vendor indicated by the

department.         It is the responsibility of the Purchasing

Department to make final determination of the source of

goods and services.              However, before making a change of

vendor,      the     Purchasing          Department        will        advise      the

requisitioning       department        of   the    intended         change.        Upon

request,     the     Purchasing        Department     will          provide    vendor

information        for    any    particular        class       of    commodity      or

service.

B.    BID PROCEDURES

      With few exceptions all purchases exceeding $5,000 in

total, excluding sales tax, are subject to bid procedures.

All   bids     are       the     responsibility           of    the        Purchasing

Department.         Individuals requisitioning items should not


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artificially      divided      their    requests    so    as    to     avoid   bid

procedures.       Purchases totaling more than $5,000 but less

than $25,000 require competitive bidding.                      This procedure

can be accomplished in one (1) to seven (7) working days,

Purchases totaling more than $25,000.00 require competitive

sealed bidding, taking a minimum fourteen (14) working days

to accomplish.

C.      EXCEPTIONS TO BID REQUIREMENTS

There    are    some     commodities/services        for       which    the    law

provides exception to all or part of the bid procedures.

Please note that failure to anticipate needs due to poor

planning is not reason for exception.                    The following are

purchases       which    may    be     authorized    by    the       Purchasing

Department without the necessity of bidding.

1.      Emergency Purchases.         When circumstances dictate that

        the immediate acquisition of commodities/services is

        necessary to prevent endangerment of human life,

        health, State property, or the functional capability

        of the University, an emergency exists and an

        emergency procurement may be initiated.

        a.     All emergency procurements must be approved in

               advance    by   the     UALR   Purchasing        Official.        A

               department must submit a requisition along with

               an explanation of the emergency, and unless the


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                  emergency is critical the Purchasing Department

                  must obtain a minimum of three (3) competitive

                  bids.       The quotation abstract must show the names

                  of     at    least        three     (3)       firms    contacted          in

                  attempting to obtain competition.

            b.    When time or circumstances does not permit prior

                  approval,         approval        must       be    obtained       at     the

                  earliest possible date.                      Requests for approval

                  should       be     in     writing           and   must     include        a

                  requisition         and    a    written        explanation        of     the

                  emergency.          The     written          explanation        must    give

                  specific          reasons       for       determining           that      an

                  emergency         existed.         The       department     must        also

                  include a copy of a quotation abstract with the

                  request for approval. The quotation abstract must

                  show      the     names    of     at     least     three    (3)        firms

                  contacted in attempting to obtain competition.

            c.    Emergency         procurement          can    become      the    personal

                  responsibility             of      individuals            making         the

                  purchases.

2.   Proprietary       or     Sole     Source        Purchases.             Sole     source

     procurement are those which, by virtue of the performance

     specifications, are available from a single source.                                 Brand

     name    or    design           specifications             are    not     sufficient


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     justification    for   sole     source.          Such    procurements      may

     include but are not limited to the following.

          a.   Requirements        of    performance         compatibility   with

               existing commodities/services, or

          b.   Repairs involving hidden damages.

          c.   Requests for approval should be in writing and

               must include a requisition and an explanation of

               sole   source.           Sole   Source   procurement      must    be

               approved in advance by the Purchasing Official

               and the Assistant Vice Chancellor for Finance.

3.   Exempt Commodities and Services.                The following items are

     exempt from the bid procedures, but must have a purchase

     order number before a commitment is made by the University:

          a.   Advertising      in        newspapers,         periodicals,      and

               related publications:

          b.   Animals procured for medical research;

          c.   Commodities      procured       for    resale     in   cafeterias,

               commissaries,       bookstores,        gift     shops,   canteens,

               and other similar establishments;

          d.   Commodities procured from nonprofit workshops in

               accordance with Act 405 of 1973;

          e.   Contracts with students;

          f.   Fees, including medical and physician fees;

          g.   Freight and Storage charges and demurrage;


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h.   Licenses (does not include software licenses);

i.   Livestock     procured     for    breeding,         research,        or

     experimental purposes;

j.   Maintenance       on    office        machines      or    technical

     equipment;

k.   Medical     items       specifically          requested        by     a

     physician for treatment or diagnosis of patients

     in his care;

l.   Membership     in      professional,         trade,      and   other

     similar associations;

m.   Postage;

n.   Published     books,      manuals,          maps,     periodicals,

     films,     technical       pamphlets,         and        copyrighted

     educational    aids      for    use    in    libraries      and     for

     other informational or instructional purposes in

     instances in which other applicable law does not

     provide a restrictive means for the acquisition

     of same;

o.   Services    for     visiting     speakers,       lecturers,         and

     performing artists;

p.   Taxes;

q.   Travel    expense      items,    such    as    room,      board     and

     transportation charges;

r.   Works of art for museum and public display;


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D.      PERSONAL REIMBURSEMENTS

        Reimbursement      of    out-of-pocket       purchases,           which   are

not     incurred     as    part     of     authorized         travel,       may     be

requested.         Employees       are     cautioned      that      only     urgent

situations         warrant       use      of     personal           reimbursement

procedures.        The purchase of printing and State Contract

Items may not be reimbursed.                   Reimbursement can be made

only to employees of the University.                    Paid receipts with a

completed      Reimbursement       Claim      Form   must      be   submitted       to

Purchasing.        A description of each item purchased must be

on claim forms.

E.      CONFIRMATION PURCHASES

      Confirmation purchases are those purchases made before

a    written    purchase        order    is    issued    by     the   Purchasing

Department.         The    Purchasing         Department       will   forward        a

written confirmation purchase order to a vendor only when

the    requisitioning        department        has   secured        the    purchase

order     number      from       the     Purchasing         Department        prior

commitment to a vendor.                 The University of Arkansas at

Little Rock is not legally obligated to a vendor until the

Purchasing      Department       has     authorized      and    has       issued,    a

purchase order.           Any individual making a purchase without

receiving proper authority from the Purchasing Department




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is assuming, a personal obligation to the vendor for which

he alone is responsible.

F. BLANKET ORDERS

     A blanket Order is a purchase order issued to one

vendor for commodities/services to be secured/rendered over

a specific period of time.           The UALR Purchasing Department

authorizes the use of three (3) types of blanket orders.

1.   Blanket orders issued for exempt commodities/services.

     These may be issued for any monthly amount and may be

     increased as needed.

2.   Blanket orders issued pursuant to a competitive bid or

     competitive    sealed     bid.         These   may   be    issued     and

     increased in amounts as dictated by the term of the

     bid and the resultant contract.

3.   Blanket     orders     issued    for     small    purchases      of    an

     immediate     though     nonrecurring      need.          When   it    is

     possible to project departmental needs prior to use or

     consumption, bid procedures must be utilized depending

     upon the estimated dollar amount.                Frequent purchasing

     of any particular commodity/service or classification

     indicates a need for quantity buying to obtain better

     unit   pricing.         Again,    bid     procedures       should     be

     utilized for this purpose.              Blanket orders are never




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to   be    used    as    a     substitute           for       good    purchasing

practices.

a.   Restrictions.            Because the University is required

     to purchase certain items, on State Contracts and

     because printing be subject to bidding, the UALR

     Purchasing          Department             enters         the      following

     statement          on     all        blanket     orders          for     small

     purchases:          “This       is     a   blanket        order     for    the

     purchase of expendable commodities (no State

     Contract or printing allowed) during

     the period ___________________.”

     If    an     individual         purchases       a    Contract/Printing

     item against a blanket order, that individual

     will be personally responsible for payment.

     Furthermore, UALR inventory policies prohibit the

     charging of capital equipment/furniture to a

     blanket order.

b.   Authorized for Purchase.                   The following statement

     Also appears on all blanket orders for small

     purchases:

     “Only the authorized persons indicated may sign

     for     purchases,             and     each     purchase           must    be

     accompanied         by     an        individual          release       order.”

     Departments             must     indicate           on     the     purchase


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             requisition        the       person(s)    authorized     to     sign

             release       orders.          The    release   order    must     be

             completed by the department prior to purchasing

             against a blanket order for small purchases.                     It

             is also the form that permits a vendor to allow a

             charge against a blanket order when signed by an

             authorized individual.

G.      RENTALS, LEASE, AND LEASE/PURCHASES

     All rentals, leases, and lease purchases of commodities

require    prior      approval    from       the     Purchasing    Department.

Purchasing will secure a written agreement for execution

after     receipt     of    a   purchase          requisition.       In     those

instances where policy has not been established and reasons

for rental are not obvious, a memorandum of justification

should accompany the requisition.                   Meeting temporary needs

is one of the primary reasons for rentals without purchase

options.     The following is a list of some of the conditions

and rules that must be followed when a lease is involved:

1.      Contracts costing in excess of $25,000.00 during the

        initial period of the lease or contracts containing an

        option   to    purchase       a    commodity     costing     more    than

        $25,000.00 must be awarded on the basis of competitive

        sealed   bidding.             No     lease     duration,     including

        renewals, can extend beyond a 7-year period.


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2.   Contracts costing in excess of $5,000 but less than or

     equal    to      $25,000       during      the     initial    period       of    the

     lease    must       be    awarded      on    the    basis     of   competitive

     bidding.         A purchase option and/or lease renewal is

     allowed as long as the accumulated expenditure does

     not exceed $25,000.00 or the renewals do not cause the

     contract to extend beyond a 7-year period.

3.   Contracts costing less than $5,000 during the initial

     period      of      the        contract      may     be     entered     without

     necessity of bid procedures as long as the lease does

     not   contain        an    option      to    purchase.         However,         such

     leases        may        not     be     renewed       beyond       accumulated

     expenditures of $5,000.

4.   Contracts for the lease of State contract commodities

     can be approved only for a maximum of 90 days unless

     the     Director          of    State       Procurement       determines          in

     writing that it is in the best interest of the State

     to permit a lease of longer duration.                              No purchase

     options are allowed.

5.   Contracts        for      rental      or     lease    of     space     must      be

     directed       to    the       Purchasing        Department.         The    State

     Leasing Office, a division of Arkansas State Building

     Services, is required by law to act as leasing agent

     for   all     space       leased      or    rented    by     State    Agencies.


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       Departments       and      individuals          are      not       authorized     to

       enter    into,    renew,         or    negotiate         a    lease    either     as

       lessor or lessee.                The UALR Purchasing Official is

       responsible       for      all        communication           with     the    State

       Leasing Office.

H      STATE CONTRACTS

        “State Contract” means a contract for the procurement

    of commodities or services in volume, awarded by the State

    Procurement Director.            This means that State Procurement

    has issued a bid for a commodity, and an award is made to

    a vendor locking in a price for that commodity. The vendor

    awarded the contract must be used when purchasing state

    contract items.

       The   following      steps       should       be    used       when    purchasing

    items on state contract.                   Keep in mind that the UALR

    Purchasing office is obligated to enforce the use of state

    contracts.

       1.      Review    the      list        to    see    if       the     item    is   on

               contract. (see UAPR Purchasing for link to State

               Contract List)

       2.      Once   you    know       the    item       is    on    contract      or   is

               similar      to     an        item    on        contract,      call       the

               Purchasing        Office             (569-3144)        for    the    price,




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                    vendor name, item number, and page number of the

                    contract.

             3.     Create a requisition with the above information

                    and     forward    it     to     approvals       and   then   to

                    Purchasing.



All printed items that cannot be produced at the UALR Print Shop

and the amount is more than $10,000 must be purchased by the

Office of State Procurement.               Be sure and allow extra time for

state procurement items.

J.   TELECOMMUNICATIONS, DATA & WORD PROCESSING, AND COMPUTERS

             Acquisitions       of    these        products    are     subject    to

        additional review and approval procedures.

        1.        Telecommunications        Equipment.        Telecommunications

                  equipment includes telephone, cell phone, telegraph,

                  television,        teletype,        radio      and       microwave

                  transmissions.       A    request    for    telephone    changes,

                  installations, and/or removals should be made by a

                  work order addressed to the UALR Telecommunications

                  at the Computing Services Department.                The purchase

                  of telecommunications equipment/services can involve

                  several departments and several layers of approvals.

                  Contact    the     Computing      Services     (569-8901)       for




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          assistance                 in          requesting           telecommunication

          equipment.



M.      DATA & WORD PROCESSING SYSTEMS AND COMPUTERS

        All   requests          for       data      processing    equipment          require

review    and      approval.              UALR      Departments       should       obtain    a

Computer      Equipment         Procurement            Request    (CEPR)          form    from

UALR Computing Services.                   Computing Services will assist in

completing         the    CEPR.            A      completed      CEPR       and     Purchase

Requisition         must        be        submitted      to      Computing          Services

responsible for review of the CEPR.

        If a request receives UALR campus approval and if no

other approvals are necessary, Computing Services forwards

the     approved         CEPR     and       requisition          to    the        Purchasing

Department.              If     bidding          is   necessary,           bids    will     be

conducted.         If bidding is not necessary, Purchasing will

issue     a   purchase          order       upon       receipt        of    the     purchase

requisition and CEPR.

              If a request requires approvals other than campus

approval,       Computing            Services         will     forward        it     through

appropriate         channels.              Upon       receipt     of       all     necessary

approvals,         the        Director         will     forward        copies       to     the

Purchasing         Department.              Special      consideration             has    been

granted       to    institutions               of     higher     education          in     the


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     procurement of computer/computer related equipment.                           Act

     463 of 1985 exempts Arkansas Department of Higher Education

     (ADHE)    and    the   Department        of    Information      Services    (DIS)

     from review of purchases of data processing equipment used

     solely for instruction and/or research as self-contained

     units in a laboratory setting regardless of cost.

             The requesting department must send a completed CEPR

     and purchase requisition to the Office of UALR Computing

     Services.       The CEPR must include a statement that the data

     processing       equipment       is    for    instruction    and/or   research

     only and that the unit/system is stand alone and will not

     be connected to the UALR central computers or communication

     network.       Computing Services will verify this information.

     UALR    Computing      Services        will   secure   campus     approval    and

     forward     the     CEPER        and     purchase      requisition     to    the

     Purchasing Department for procurement.

N.   STATE AGENCY FOR FEDERAL SURPLUS PROPERTY

     UALR Departments may procure needed commodities available

at the State Agency for Federal Surplus Property located at 8700

Remount Road, North Little Rock, Arkansas.                  Authority to procure

items   at    the     agency     is    administered         by   a    credit     card.

Department personnel must bring a purchase requisition with an

estimated    dollar    amount     to       Purchasing.      Accurate    descriptive

information is not necessary.                Purchasing will issue a purchase


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order   based       upon    the    estimated         dollar       amount,       and     the       UALR

Purchasing         Official      will    then       issue     a       credit    card        to    the

individual(s).             The    card    is    to     be     returned         to     Purchasing

immediately upon return to campus.                     A copy of the receipt should

be   returned       with    the    credit       card.            If    no   commodities            are

purchased,         the   purchase       order       will    be        cancelled.            If    any

commodities          are     purchased,             Purchasing          will         change        the

descriptive information on the purchase order to reflect that of

the receipt furnished at the time the order is picked-up.

O.     CONSTRUCTION, RENOVATION OR REMODEL

       UALR        Physical       Plant        is     responsible              for     all         new

construction, renovation or remodel of all campus buildings and

grounds       to     include       all     off        campus          facilities.                 This

responsibility covers everything from the construction of a new

building to the relocation of an electrical outlet.

       All    purchase      requisitions            from   departments          that        are    for

construction, renovation or remodel or for products that will

require       construction,             renovation          or        remodel         for        their

installation will be directed to Physical Plant for approval.

       The purchase of construction, renovation or remodel is a

very    special      procurement.           The       process         can   require         several

layers of approvals depending on the nature of the project,

source of funds and total estimated cost.




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     Always contact Purchasing or Physical Plant for assistance

in this type of request.




P.   PROCEDURES FOR PROCUREMENT OF CONSTRUCTION

     Detailed   Policy   and   procedure   for   the   procurement   of

     construction and design services are covered in a separate

     manual.



     GENERAL CONDITIONS FOR PROJECTS FUNDES IN WHOLE OR IN PART

     BY FEDERAL FUNDS – compliance with “buy America”



          BUY AMERICAN PROVISIONS
          A. An important component of the ARRA is the Buy
          American provision in Section
          1605 that requires the use of American iron, steel,
          and manufactured goods in
          ARRA funded projects. The following definitions are
          critical to the interpretation
          and implementation of the Buy American provisions:
               1. Steel: An alloy that includes at least 50%
               iron, between 0.02 and 2%
               carbon, and may include other elements.
               Production in the United States of
               the iron or steel used in the project requires
               that all manufacturing processes
               must take place in the United States, except
               metallurgical processes
               involving refinement of steel additives. These
               requirements do not apply to
               iron or steel used as components or subcomponents
               of manufactured goods
               used in the project.


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          2. Manufactured Good: Means a good brought to the
          construction site for
          incorporation into the building or work that has
          been
               a. Processed into a specific form or shape.
               b. Combined with other raw materials to
               create a material that has
               different properties than the properties of
               the individual raw materials.
               c. There is no requirement with regard to
               the origin of components or
               subcomponents in manufactured goods, as long
               as the manufacture of
               the goods occurs in the United States.
          3. Reasonably Available Quantity: The quantity of
          iron, steel, or the relevant manufactured good is
          available or will be available at the time needed
          and place needed, and in the proper form or
          specification as specified in the project
          documents.
          4. Satisfactory Quality: The quality of iron,
          steel, or the relevant manufactured good as
          specified in the project documents.
B. SUBMITTALS
          1. In addition to the requirements for submittals
          specified in the Submittals and Substitutions
          Section, each shop drawing, catalog cut, working
          drawing, sample and product data pertaining to
          iron, steel, or manufactured goods, as defined
          above, shall have affixed to it, by the
          manufacturer, the following
          Certification Statement:
          “Certification Statement: By this submittal, the
          Manufacturer hereby represents and warrants that
          all iron, steel, or manufactured goods
          represented in this submittal will be and/or have
          been produced in the United States in a manner
          that complies with the Buy American Requirements,
          unless a waiver of the requirements is approved,
          and the Manufacturer will provide any further
          verified information, certification, or assurance
          of compliance with this paragraph, or information
          necessary to support reporting requirements or a
          waiver of the Buy American Requirements, as
          requested by the Owner/Designated
          Representative.”



                                                          24
          2. Exceptions to the Buy American Provisions of
          ARRA 2009 will only be allowed if a specific
          project waiver request for a specific material or
          manufactured good is submitted by the Owner and
          approved by the Owner.
C. WAIVERS REQUESTS
          1. ARRA include provisions for requesting and
          obtaining waivers to the Buy American provisions.
          Waivers requests will be considered if one or a
          combination of the following conditions is met:
               a. Iron, steel, and manufactured goods are
               not produced in the United States in
               sufficient and reasonably available
               quantities and of a satisfactory quality;
               b. Inclusion of iron, steel, and
               manufactured goods produced in the United
               States will increase the cost of the overall
               project by more than 25 percent; or
               c. Applying the Buy American requirements of
               ARRA would be inconsistent with the public
               interest.
          2. It is the responsibility of the Contractor to
          initiate and prepare a waiver request. The waiver
          request shall be submitted to the
          Owner/Designated Representative. The waiver
          request shall include, as a minimum, the
          following, as applicable:
          3. General: Waiver request shall include the
          following information:
               a. Description of the foreign and domestic
               construction materials.
               b. Unit of measure
               c. Quantity
               d. Price
               e. Time of delivery or availability
               f. Location of the construction project
               g. Name and address of the proposed supplier
               h. A detailed justification for the use of
               foreign construction materials
          4. Cost: Waiver request shall include the
          following information:
               a. Price comparison worksheet shown in Table
               1.
               b. Relevant excerpts from the bid documents
               used by the Contractor to complete the Price
               comparison worksheet.



                                                          25
               c. Supporting documentation indicating that
               the Contractor made a reasonable survey of
               the market, such as description of the
               process for identifying suppliers and a list
               of contacted suppliers.
          5. Availability: Waiver request shall include the
          following documentation necessary to demonstrate
          the availability, quantity, and/or quality of the
          materials for which the waiver is requested:
               a. Supplier information or pricing
               information from a reasonable number of
               domestic suppliers indicating
               availability/delivery date for construction
               materials
               b. Project schedule
               c. Relevant excerpts from project documents
               and permits including the required quantity
               and quality of construction materials
               d. Statement from the Contractor confirming
               the non-availability of thedomestic
               construction materials for which the waiver
               is sought
                    Table 1: Foreign and Domestic
                    Construction Materials Price Comparison
                    Worksheet
                    To be completed by the Contractor.
                    (a) Material (i.e. iron, steel, and/or
                    manufactured goods seeking waiver) Unit
                    of Measure Quantity
                    (b) Price – Domestic Material* (i.e.
                    cost estimate)
                    (c) Price – Foreign Material* (i.e.
                    cost estimate)
                    (d) Total Domestic Project Cost:
                    (e) Total Foreign Project Cost:
          6. In addition to the above, the Contractor shall
          provide all other information requested by the
          Owner/Designated Representative necessary for
          filing a waiver request.
          7. The Owner’s decision on a request for a waiver
          is final and binding on all parties. The
          Contractor shall not be entitled to additional
          money or time as a result of any waiver request
          being denied by the Owner.
D. SUMMARY WAIVER – DE MINIMUS INCIDENTAL COMPONENTS
          1. Most construction projects involve the use of
          thousands of miscellaneous, generally low-cost


                                                          26
          components that are essential for but incidental
          to the construction such as nuts, bolts, tubing,
          gaskets, and similar items. The Owner has issued
          a national waiver from the requirements of ARRA,
          Section 1605, Buy American, for the incidental
          components described above as a minimus factor in
          the project, where such components comprise no
          more than 5% of the total cost of the materials
          used in and incorporated into the project.
          2. The Contractor shall provide to the
          Owner/Designated Representative a listing of the
          items to be covered by this waiver and shall
          retain relevant documentation as to the items in
          their project files at the site and summarize
          in reports to the Owner/Designated Representative
          the types and/or categories of items to which
          this waiver applied, the total cost of incidental
          components covered by the waiver for each
          category, and the calculations by which the total
          cost of materials used in and incorporated into
          the project was determined.
          3. The summary report required above shall be
          submitted with each payment request.
E. RECORD KEEPING
          1. The Contractor shall maintain all submittals
          with their respective ARRA certification as
          specified in Submittals above; copies of waivers
          requested and accepted; copies of waiver
          requested and rejected; records for de
          minimus waiver if implemented by the Owner; and
          all other records, receipts and other documents
          required to show compliance with the ARRA 2009,
          Section 1605, Buy American provisions.
          2. All records indicated above shall be
          maintained in neat, organized folders, notebooks,
          or other acceptable manner and shall be made
          available to the Owner/Designated Representative,
          Engineer, or regulatory agency having
          jurisdiction at all times during the project.
F. CERTIFICATE OF COMPLIANCE: The undersigned certify that
the following provisions of the American Recovery and
Reinvestment Act of 2009 have been achieved as provided in
48 CFR:
 1. 25.602 Policy. Except as provided in 25.603 –
     (a) None of the funds appropriated or otherwise made
     available by the Recovery Act may be used for a
     project for the construction, alteration, maintenance,


                                                          27
     or repair of a public building or public work (as
     defined at 22.401) unless –
          (1) The public building or public work is located
          in the United States; and
          (2) All of the iron, steel, and other
          manufactured goods used as construction material
          in the project are produced or manufactured in
          the United States.
               (i) Production in the United States of the
               iron or steel used as construction material
               requires that all manufacturing processes
               must take place in the United States, except
               metallurgical processes involving refinement
               of steel additives. These requirements do
               not apply to steel or iron used as
               components or subcomponents of other
               manufactured construction material.
               (ii) There is no requirement with regard to
               the origin of components or subcomponents in
               other manufactured construction material, as
               long as the manufacture of the construction
               material occurs in the United States.
     (b) Use only domestic unmanufactured construction
     material, as required by the Buy American Act.
2. This policy incorporates the following definitions:
25.601 Definitions.
As used in this subpart –
Domestic construction material means –
     (1) An unmanufactured construction material mined or
     produced in the United States; or
     (2) A construction material manufactured in the United
     States. Foreign construction material means a
     construction material other than a domestic
     construction material. Manufactured construction
     material means any construction material that is not
     unmanufactured construction material. Recovery Act
     designated country means a World Trade Organization
     Government Procurement Agreement country, a Free Trade
     Agreement country, or a least developed country.
     Steel means an alloy that includes at least 50 percent
     iron, between .02 and 2 percent carbon, and may
     include other elements. Unmanufactured construction
     material means raw material brought to the
     construction site for incorporation into the building
     or work that has not been 1) Processed into a specific
     form and shape; or (2) Combined with other raw



                                                          28
           material to create a material that has different
           properties than the properties of the individual raw
           materials.
           Contractor: Owner:
           (print)______________________________ (print)
           ____________________________
           (sign and date)_______________________ (sign and date)

           _____________________


Q.   Procurement of Promotional Items:

           Purchasing frequently receives questions regarding the

     procurement     of   promotional           items   for    distribution      to

     employees and students or the general public.

           Items requested range from pins, buttons and pens to

     tee shirts, sweatshirts and plaques.

           Certain agencies, including UALR, have authorization

     to   purchase   items       for     promotional    purposes       by   special

     language in the agencies appropriation acts.                  These funds

     are controlled at Vice Chancellor level.                 Contact your Vice

     Chancellor for authorization of promotional item requests.

           Procurement      of    promotional       items     follow    the    same

     purchasing rules as any other purchase request.

           The following are items that are NOT prohibited from

     procurement with state appropriated funds:

     1.    Plaques for student achievements.

     2.    Plaques    for        board     or     commission     members       upon

           termination of service on a board or commission.




                                                                                 29
     3.   Promotional items specifically authorized by language

          in a state or federal grant.

     4.   Items purchased, the cost of which is reimbursed by

          students.

R.   Printing

     Printing   is   a    service   that    requires     special     purchasing

     procedures.      These      procedures      are   strictly   governed   by

     Arkansas Law and the Office of State Procurement.

          The   following     steps     should    be   used   when   requesting

     printing services:

          1.    Contact UALR Print Shop to see if they can handle

                your printing needs.          Printing services provided

                by the UALR Print Shop do not require a purchase

                order or the bidding process.

          2.    Printing      services     provided      by    another    state

                agency      do    not    require       competitive     bidding.

                Department must submit a requisition listing the

                state agency as vendor.

          2.    Printing services from some one other than UALR

                Print Shop (or other State Agency) must be

                processed by UALR Purchasing.

                a.       Submit an approved purchase requisition to

                         purchasing.




                                                                             30
              b.      Printing     specifications           must     be     clear,

                      precise      and         consistent     with        industry

                      standards.           Purchasing        can     assist       in

                      developing your specifications.

              c.      All purchases of printing services must be

                      competitively bid regardless of cost.

        3.    UALR Purchasing is allowed by delegation order to

              competitively bid your requests for printing

              services for $10,000 or less.

        4.    All requests for printing services greater than

              $10,000 are forwarded by UALR Purchasing to the

              Office of State Procurement for processing.

S.      PAPER PRODUCTS

        The procurement of paper and paper products require

special      attention.         With     few    exceptions,    all       paper   is

purchased      using    current    State        Contracts.         The   need    for

recycling has resulted in purchasing laws and procedures

covering the purchase of paper and paper products NOT on

State Contracts.         The procedures cover all types of paper,

cover        stock,      xerographic            paper,      computer       paper,

construction paper, paper used in art; paper plates, paper

cups, paper towels.        In short, All Paper Products!




                                                                                  31
        (The   procedures         do    not        include         published       books,

manuals, maps, periodicals, technical pamphlets, text books

and other copy righted documents/forms.)

        Departments     should          submit          an        approved     Purchase

Requisition with detailed specification to purchasing for

procurement.         UALR    Purchasing          can,        by    delegation      order,

process any requisition of $1000 or less for virgin paper

or $10,000 for recycled paper.                      Request of greater than

these     delegation        limits        will      be        forwarded       by     UALR

Purchasing      to    the        Office       of        State       Procurement      for

processing.

T.      PAYMENT ENCLOSED

        The    Purchasing         Office           receives          a    number      of

requisitions     that       we    refer        to       as    “payment       enclosed”,

transactions that require minimal processing by our office.

The     procedures      we        follow         with         “payment       enclosed”

requisitions are to review the type of purchase, check the

dollar value, check for authorized approvals, and check the

availability of funds.

        The    bulk         of      the        “payment              enclosed”       are

memberships/dues, subscriptions, or requisitions with order

form/invoice attached.              Memberships/dues and subscriptions

are   accompanied      by    an     enrollment           or       subscription     form.

Requisitions     with       order      forms       or    invoices        attached    are


                                                                                       32
allowed     when     vendors       require     payment       with        the    order.

Payment    enclosed        and     invoice    attached          transactions          are

reviewed    closely        for     compliance    with       state        procurement

laws.

        Reimbursements       are    processed       in    the     same    manner       as

“payment enclosed”. Employees should contact a buyer at the

Purchasing Office before purchasing items to prevent buying

an item that is not reimbursable.                   The employee can submit

a   Reimbursement         Claim     Form     with        receipts        to    receive

reimbursement.         A check will then be made payable to the

employee.          Keep    in    mind   that     these       transactions             are

reviewed    to     make     sure    that     purchasing         regulations           are

followed.

        After    the      Purchasing         Office       has      reviewed           the

requisitions for “payment enclosed”, they are forwarded to

the Accounts Payable office for payment.                          Purchase Orders

are not printed, therefore, a copy will not be received at

the ordering department.             Budget Reports and on-line review

can be used to follow payment of “payment enclosed”.                                  If

necessary,      call      Purchasing    (569-3144)          for    help        with    on

“payment enclosed”.



                                                                 Revised 6-2-2010




                                                                                       33

								
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