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CWUP 2-10-040 Contracting

(1) Authorities for Contracting. Contracting authority is delegated from the board of trustees to the president or his/her designee as provided in RCW 28B.10.528.  The list of presidentially-designated positions to which the designation as authorities for contracting for current operations of the university are made may be accessed at CWUP 1-0 Board of Trustees.  These contracts must be approved and centrally administered by the director of business services and contracts.

(2) Exceptions. Contracts exempt from review and approval by the director of business services and contracts, but SUBJECT TO provisions of the board of trustees’ annual resolution delegating contracting power are:

(A) Faculty and staff employment contracts,

(B) Housing rental agreements,

(C) Bookstore goods for resale,

(D) Library book purchases, and

(E) Library audio-visual materials purchases

(3) Personal Service Contracts. All personal service contracts in excess of $500 must be prepared on a university standard agreement form and approved by the business services and contracts department.

(A) The complexities of Office of Financial Management (OFM) regulations and their propensity to change make it necessary for any contract in excess of $2,500 to be pre-approved by the business services and contracts department. Departments which have recurring needs and are familiar with contracting procedures may seek blanket approval for specific categories of contracting such as entertainment contracts for student activities.

(B) All contracts in excess of $2,500 for work performed in any one fiscal year (cumulatively) must show documented evidence of competition or a thoroughly documented sole source justification along the guidelines established by OFM.

(C) Current OFM regulations require filing and approval of contracts by OFM for the following contracts at least ten days prior to commencement of any work.  Failure to follow OFM regulations may result in personal liability for a $300 civil penalty which the university will be legally unable to pay:

1. All management consulting, employee training consulting, organizational development consulting, marketing consulting, communications consulting, and employee recruiting consulting, or any sole source personal service contracts in excess of $2,500 (cumulatively for one year).

2. Contract amendments which are greater than 50% of the original contract value.

Note: Some additions and exemptions may apply to the OFM regulations above. Contact the business services and contracts department for more information. Detailed instructions are provided in the CWU PROCEDURES manual as well.

(4) Minority and Women Businesses Contract Participation Plan. Central Washington University is committed to achieving overall annual goals in its procurement of goods, personal services, and public works projects. The procurement practices of the university shall be in compliance with 39.19 RCW and chapter 326 WAC. University policies, procedures, and practices shall be consistent with our commitment to maximize such opportunities. In addition to providing increased opportunities in contract participation, university policies, procedures and practices shall include an emphasis on making the university, the community of Ellensburg, and the state of Washington an attractive locale for minority and women business enterprises through our efforts in promoting diversity in our:

a. employment practices; 

b. academic outreach programs to "at risk" groups;

c. minority student recruitment and retention programs; and

d. associations with the Ellensburg Chamber of Commerce.

(A) Implementation Responsibility. The director of business services and contracts is responsible for ensuring coordination of efforts within the university to comply with 39.19 RCW and Chapter 326 WAC. The director shall, at a minimum, coordinate and revise planning to include measures related to this policy for:

1. Communication to the campus community of the purpose and commitment by the university to comply with legislative intentions.

2. Procedures for enhancing opportunities for public works.

3. Procedures for enhancing opportunities for small works.

4. Procedures for enhancing opportunities for goods and services including central resupply operations.

5. Procedures for enhancing opportunities for architectural and engineering services.

6. Programs for promoting accessibility through trade fairs and advertising opportunities.

7. Incorporation of measurement in individual personnel evaluations for purchasing staff responsible for providing opportunities to MWBE firms.

8. Procedures for gathering and reporting data.

9. Programs for training affected personnel.

10. Annual forecasting and establishment of goals.

11. Individual contract goal-setting and monitoring for compliance.

12. Resolution of disputes and investigation of complaints.

13. Provisions for on-going review and revision of contracting and procurement documents, policies, and practices which hinder or create barriers to successful implementation of the plan.

(B) The director of business services and contracts is responsible for communicating this agency's comments, concerns, and recommendations to appropriate agencies related to OMWBE RCW or WAC revisions.

(5) Communication of Plan. A general policy statement regarding achievement of goals will be placed in the university’s policy and procedures manuals.  All campus training materials and classes related to procurement shall incorporate discussion of the university policy and commitments with regard to MWBE participation in university contracts. This shall include at a minimum:

(A) Annual campus-wide procurement workshops,

(B) Individual departmental training for access to the financial software system for purchasing,

(C) "Purchasing guidelines" brochure and web page

(D) "Personal services contracting guide" and

(E) "Small works" procedures.

(6) Training of Essential Personnel. Affected staff shall receive individual training, be provided written procedures, and be expected to have a working understanding of those portions of the plan that directly relate to their programs. University personnel with authority to contractually commit university procurement or prepare public works specifications shall receive individual instruction, training, and forms if necessary from the director of business services and contracts and/or directors of appropriate university areas. This includes but is not limited to: dining services; central stores; facilities management department; purchasing department; business services and contracts department; budget department; and capital accounting department. Training for all affected personnel shall take place on an as-needed basis, either jointly or individually, in order to ensure compliance with the university plan, 39.19 RCW, and Chapter 326 WAC. At a minimum, affected staff shall meet at the start of each fiscal year to discuss annual goals and approximately six months later to discuss progress towards those goals.

(7) Annual Forecasting and Goal-Setting. No later than August 15 of each fiscal year, the director of business services and contracts, budget and planning director, assistant vice president for financial affairs, and assistant vice president for facilities management shall meet to establish estimated expenditures for the year by class of contract. At a minimum this shall include forecasts in the following categories:

(A) Public works,

(B) Architectural and engineering contracts,

(C) Goods and services.

At this time, the participants will also determine those contracts which they believe should be excepted from the base and the director of business services and contracts shall submit a petition of these to the office of minority and women business enterprises for consideration. Once forecasts have been made for these and any other established categories, the director of business services and contracts shall establish goals equal to or greater than those established statewide for classes of contracts. Goals shall be stated by both percentage and by dollar amounts based on the forecasts.

(8) Individual Contract Goal-Setting: Enhancement of MWBE Participation and Monitoring of Compliance. For Public Works - The assigned university project manager for any university public works project in excess of $200,000, shall research the availability of MWBE contractors or subcontractors associated with such work. In consultation with the director of business services and contracts, minimum contract participation by MWBE firms shall be established. Prior to award of a contract, the project manager will verify with OMWBE, the certification and SIC status of the proposed MWBE contractor.

For each invoice submitted, the awarded contractor is required to report the amount paid, to date, to any of the MWBE participants.  This information will be sent to the director of business services and contracts for reporting purposes. Final payment to the contractor will not be released until such time as all affidavits of payments to MWBE firms have been received, up to the contracted amounts identified.

(9) For Small Works. Small works projects by definition and practical content, are projects less than $200,000 and generally performed with fewer than two subcontractors.  It is not practical to establish participation goals since subcontracting is rare and 100% participation would be too restrictive. In order to maximize opportunities for MWBE participation in these contracts, several measures will be taken by the university:

(A) Advertising for small works contractors shall be done annually with publications aimed specifically to these contractors, and

(B) If available, at least one MWBE contractor on the university small works roster, in that category of work, shall be invited to bid on each and every small works project regardless of their position in the rotation. Verification of MWBE status and actual participation in the contract shall be the same as the public works projects.

(10) For Architectural and Engineering Contracts. The procedures employed shall ensure that firms owned by women and minorities are afforded the maximum practical opportunity to compete for and obtain public service contracts. The level of participation by MWBE firms shall be consistent with their general availability within the professional communities involved. Further, it shall be the policy of the facilities services department to support the successful growth of MWBE firms by encouraging and promoting MWBE firms in a prime A/E role on projects. All advertisements for specific contracts, or for application to the university A/E roster, shall encourage participation by MWBE firms. For A/E contracts in excess of $40,000, the university project manager shall research the availability of MWBE firms with consulting experience in the categories of work required. The project manager in consultation with the director of business services and contracts shall determine the appropriate MWBE participation required of the overall contract. Verification of MWBE status and actual participation in the contract shall be the same as the public works projects.

(11) For Other Goods and Services. The university purchasing staff shall be responsible for ensuring that MWBE firms receive maximum practical opportunity to participate in university contracts for all other goods and services.

For all competitive solicitations, the responsible buyer shall research the market for availability of MWBE firms to participate and include any qualified MWBE vendors in their bid solicitations.  Where product groups are established for the purposes of continuing product quotations, any qualified MWBE firm will be added to the quotation group and remain on the list unless no response is received for three consecutive quotation requests.  Competitive solicitations shall include quotations from at least one, certified minority and a certified woman-owned firm consistent with RCW 43.19.1906. Bid documents and award shall comply with WAC 326-40-010 through 326-40-020.

(12) Noncompliance. Any vendor or contractor that appears not to comply with the terms of the contract as it relates to MWBE participation provisions shall be given written notice and a defined time to correct the apparent deficiency. If correction does not occur, the director of business services and contracts shall see that corrective action is initiated in accordance with WAC 326-02-050.

(13) Participation in Trade Fairs. To the maximum extent practical, the agency shall make appropriate personnel available to represent the university at trade fairs aimed at promotion of minority and women owned business opportunities available to the university.

(14) Employee Evaluations. Employees of the university responsible for providing opportunities to MWBE firms, shall have as part of their personnel evaluations objective measures of their success in promoting MWBE goals of the university.

(15) Record Keeping and Reporting of Data to OMWBE. The university director of financial services is responsible for maintaining records of all expenditures for contracted purchases and assuring that software modifications and procurement files are maintained in a manner that enables reporting of expenditures to OMWBE per the requirements of Chapter 326 WAC.

(16) Contract Disputes and Complaints. The university will respond to any complaint or dispute related to communications, bid specifications, contract awards, or contract provisions associated with MWBE commitments and requirements of the university. All complaints will be reviewed by the director of business services and contracts and responses will be in writing by either the director of business services and contracts or the assistant vice president of facilities management as consistent with university contract administration.  In responding to such complaints, any affected parties will be consulted and where appropriate, legal counsel sought. To the maximum extent that is legal, practical, and ethical, the university will endeavor to resolve such complaints to the benefit of the OMWBE program.  Any review of a complaint or dispute will include consideration by the university's appropriate administrators of the need to change university policy, procedure, or practice to eliminate or minimize recurring problems.

(17) Review and Revision of Relevant Documents and Policies. It is the responsibility of the director of business services and contracts to review annually all competitive procurement practices, policies, bid/contract language, forms, and procedures to ensure that the elements of this plan are executed.

(18) Record of Competition. The state of Washington law, RCW 43.19.1906 requires that a record of competition must be made in all purchase transactions when the cost of commodity exceeds a specified amount. However, regardless of the dollar value of the request, a purchase order or ProCard documentation is required as the authority to make a legitimate charge against an account for off-campus purchases.

(19) Delegation of Purchasing Authorities. The director of business services and contracts may delegate purchasing authority to individual departments subject to procedures established for such delegation.

[Responsibility: Business Services; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: PAC: 10/01/2008; Approved by: James L. Gaudino, President]

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