Contracts

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Contracts Procurement Services Open Forum

• March 16-17, 2005
• UU220

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Topics of Discussion

• AFD Finance Customer Connection
• New Buyer and Commodities
• Year End Activity Highlights
• Contracting Responsibilities
• Car Rental for University Business
• Confidentiality Data (FERPA/HIPAA)

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AFD Finance Customer Connection Website

• http//financehelp.calpoly.edu
• Website Review

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New Buyer

• Please join me in welcoming our new Buyer II
• Sarah Worley
• 5 years with the Coast Guard as a Procurement
  Specialist and Contracting Officer
• 1 year with Chemron as a Transportation
  Coordinator
• Within a semester of her BA Finance/Management

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Commodity Responsibilities
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Commodity Responsibilities

• Traci Kuchta, Contracts Manager - Ext 6-6473
• Student Internships
• Exchange Performance Agreements
• Facility Use Agreements
• Permits

• Suzanne LaCaro, Admin Coordinator - Ext 6-2234
• P-Card Program
• American Express Government Card
• PS 8.4 Requisition Training

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Year End Activity Highlights

• Lebards Office Machine Repair Contract
• Current agreement expiring 6/30/2005
• Depts need to determine equipment maintenance
  need for the fiscal year 2005/2006
• A campus-wide email will be sent in early June
  with previous years spreadsheet and sign-up
  instructions
• Multi-Years
• Agreements reviewed for expiration date in March
• Email notification to depts with MY expiring
  6/30/2005
• Annual Agreements
• April/May Email to dept of agreements due to
  expire 6/30/2005
• Dept review annual service agreement a) What is
  this service
• b) Why and How do we do it? C) Is it repetitious
• Year End Memo Due Date changes
• http//www.afd.calpoly.edu/purchasing/campus_
  wide_memos.htm

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Contract Responsibilities

• Traci Kuchta, Contracts Manager, x6473
• Leases/Subleases involving University and
  non-University real property
• Permits involving University and non-University
  real property
• Licenses involving University and non-University
  real property except facility use licenses
• Indemnities, Releases and Waivers
• Performance Agreements at Christopher Cohan
  Center
• Student Internships
• Foreign Exchange Agreements
• Study Abroad Agreements
• Contracts outside the Purchasing Supervisors and
  Buyers respective designated commodities and
  services.
• Greg Melnyk, Purchasing Manager, x5457
• All POs/Contracts/Agreements related to
  Commodities
• All POs and most Contracts/Agreements related to
  Services (not listed above)
• Facility Use Agreements (halls, hotels,
  convention facilities, camps, commercial venues,
  state/county/city parks and rec facilities,
  private venues, etc)
• Student Teacher Agreements
• Teacher-in-Residence Agreements
• Off campus Events
• Guest Lecturers/Performers

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Authority to Sign Agreements and Contracts

• CSU policy clearly identifies and delegates
  authority to sign purchase orders and contracts
  ( see below) only to Cal Poly State
  Universitys (Cal Poly) procurement officers and
  administrators who have been duly authorized in
  writing by the campus president and whose names
  and titles are on file at the Chancellors
  Office.
• Only Cal Polys Contract and Procurement Services
  (CPS) has the primary authority to sign all
  purchase orders, agreements or contracts that
  names Cal Poly (or any college, division or
  department of Cal Poly i.e., the College of
  Business, Student Life, etc.) as a party to an
  agreement.
• Cal Poly staff and faculty other than the above
  are not authorized to commit Cal Poly verbally or
  in writing, informally or formally, nor to sign a
  purchase order, agreement or contract. They are
  only authorized to requisition on behalf of their
  college, division or department with the
  appropriate authorization but must not commit
  funds and/or sign purchase orders, agreements or
  contracts.
• Purchases made, and purchase orders or contracts
  signed in violation of the above-prescribed
  manner, are unauthorized, and Cal Poly may elect
  not to make payment or reimburse the offending
  individual. Such transactions constitute
  purchases made, or purchase orders or contracts
  signed, which are in direct violation of the
  Government Code and CSU and Cal Poly policies,
  and such transactions may be the responsibility
  of the individual personally making the
  purchases, or signing the purchase order or
  contract. Furthermore, unauthorized commitments
  could place the individual and the University at
  risk in terms of liability and legal action.

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Special Events
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Special Events Cont.

• What funds are being used?
• State
• Trust
• IRAs
• Student Fees
• Discretionary
• Foundation/Discretionary
• Donations
• Some combination
• If the event
• Involves an agreement or contract required by the
  venue
• Has alcohol being served, sold or available
• Requires some consideration of Risk Assessment or
  need for event insurance

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Special Events Cont.

• Then
• DO NOT SIGN ANY AGREEMENTS OR MAKE ANY INFORMAL
  COMMITTMENTS
• CALL CONTRACTS AND PROCUREMENT SERVICES
  (PURCHASING) EARLY IN THE PLANNING STAGES TO HELP
  YOU WITH THE AGREEMENTS
• CONTACT RISK MANAGEMENT FOR ADVICE AND EVENT
  INSURANCE

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Guest Lecturers

• Weve all come to know and love the Guest
  Lecturer Invoice form
• We still need to be sure that any agreements
  required by the guest lecturer be submitted to
  CPS for review before committing to the
  speaking engagement
• We will contact you if there are risk or
  liability issues
• Please be aware that speakers from foreign
  countries need to have their US status checked
  for tax and immigration purposes prior to
  committing to the speaking engagement

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Car Rental

• Cal Polys car rental contract will be going out
  for bid as the current contract expires in Aug/05
• A survey will be sent out to all departments
  asking for responses which will enable us to
  structure a enhanced agreement
• Your input is valuable so please watch for the
  survey and ask for your users participation

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Acronym Test

• FERPA and HIPAA
• SHERPA and SLURPA
• KARMA and KRONA

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Confidentiality of Data

• FERPA and HIPAA
• (Family Education Rights and Privacy Act)
• (Health Insurance Portability and Accountability
  Act)
• Senate Bill 1386 Any agency that owns or
  licenses computerized data that includes personal
  information
• An individuals first name and last name in
  combination with 1) Social Security Number
• 2) Drivers License Number
• 3) Bank account, credit card or
  debit card number

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Confidentiality of Data

• If you have a requirement to transfer such data
  to a contractor, contact Contract Procurement
  Services first to assure proper contractual
  language is in place prior to engaging a
  contractor.
• The necessary safeguards must be in place.

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Questions?
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Additional topics time permitting

• Low value purchasing requirements
• Donations
• Loaned equipment

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Low Value Requirements

• Low Value Requirements (2,500 and Under)
• You do not need to bid Requirements under 2,500,
  unless you feel you can get better pricing for
  the item(s), whether it be for a service or
  commodity.
• Goods
• P-Card
• Direct Pay
• Staff Reimbursement
• Petty Cash
• Services Must be Processed on a Purchase Order

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Low Value Requirements

• Requirements Between 2,501-50,000
• If the Requirement is simple (i.e. shelf item or
  item sold thru distributors), a department may go
  through an informal bid process if they wish.
• Bidding options for simple Requirements
• By Telephone
• By Internet
• By Fax

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Single Sourcing a Requirement

• There are two ways a requirement can be single
  sourced
• If the Requirement fits one of the exceptions
  referenced in the Contract and Procurement Policy
  Manual, Section 206, Exceptions for Bidding OR
• Complete a Single Source Justification Form
  (SSJ). www.purchasing.calpoly.edu/forms

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• Donations
• Loaned Equipment