Purchasing and Business Services Manual (PUR)

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Effective: 7/1/2018

Revised: 3/1/2019

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PUR 801: Federal Procurement

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To provide procurement requirements when spending Federal monies

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Code of Federal Regulations, §§ 200.317 through 200.326

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The following requirements apply to all purchases using Federal monies.

Conflict of Interest

No employee, officer, or agent of the university may participate in the selection, award, or administration of a contract supported by a Federal award if that employee, officer, or agent has a real or apparent conflict of interest. Also, the officers, employees, and agents of the university may neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontractors. Substantial civil and criminal penalties may result to the ASU employee from failure to comply with the conflict of interest laws.

Unnecessary or Duplicate Items

Consider whether goods and/or services to be purchased are already available at the university, from other ABOR universities, from state surplus property, or from a Federal source, including the Federal Surplus Personal Property Donation Program, GSAXcess®.

Users can work with Purchasing and Business Services to determine if the requirement should be consolidated or broken out for economy, if the needed items can be leased rather than purchased, and if the needed items can be purchased through an existing competitively bid contract.


Procurement transactions must be conducted in a manner providing full and open competition. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements.

Some of the situations considered to be restrictive of competition include, but are not limited to:

  1. Placing unreasonable requirements on firms in order for them to qualify to do business
  2. Requiring unnecessary experience
  3. Noncompetitive pricing practices between firms or between affiliated companies
  4. Noncompetitive contracts to consultants that are on retainer contracts
  5. Organizational conflicts of interest, such as noncompetitive buying from a university affiliate
  6. Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements that would make a competing product an equal


  7. Any arbitrary action in the procurement process.

Identification of the Requirement or Outcome

Department staff must develop a clear and accurate description of the technical requirements for the material, product, or service to be procured, or the outcome to be achieved. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product, or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible.

When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equivalent” description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and all requirements which the offers must fulfill and all other factors to be used in evaluating bids or proposals must be identified.

Contracting with Diversity Business

The university will take affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.

Feedback on Supplier Performance

It is assumed that all suppliers will successfully perform. Department staff should forward any concerns about a supplier's performance to the applicable procurement officer in Purchasing and Business Services. The university may use past unsuccessful performance as a basis for not making an award to a supplier.

Technical Evaluation

As a part of the process to evaluate proposals received under a competitive solicitation, department staff will compare the technical and/or performance characteristics of the goods and/or services offered against the requirements of the solicitation. The results of this technical evaluation will be documented in writing and will include the technical and/or performance reason for recommending an award to the apparently successful proposer and for rejecting an award for each of the other proposers. This technical evaluation will be submitted to the Procurement Officer and will be a part of the procurement file. As there is a wide variation of potential and/or performance specifications, no form is available for technical evaluations.

Methods of Procurement and Dollar Limits

The Federal Procurement Standards have different requirements and dollar limits than non-Federal procurement.

Micro-Purchase Threshold (current Micro-Purchase dollar limit is $10,000)

  1. Micro-Purchases may be made by department staff using a Purchasing Card by submitting a requisition in the financial management system if the supplier will not accept the Purchasing Card
  2. If the price is considered to be reasonable, these purchases can be completed without soliciting competitive quotations and in most cases, without the involvement of Purchasing and Business Services
  3. Department staff should make an effort to distribute Micro-Purchases equitably among qualified suppliers, including small and diverse businesses.

Purchases below the Simplified Acquisition Threshold (between $10,000 and $250,000)

  1. Requisitions shall be submitted in the financial management system and processed through Purchasing and Business Services
  2. Competitive quotations are required.

Purchases of $100,000 to $250,000

  1. Requisitions shall be submitted in the financial management system and processed through Purchasing and Business Services
  2. Formal competitive solicitation in accordance with ABOR requirements is required.

Purchases above the Simplified Acquisition Threshold ($250,000)

  1. Requisitions shall be submitted in the financial management system and processed through Purchasing and Business Services
  2. Formal competitive solicitation in accordance with ABOR and Federal requirements is required
  3. An independent cost estimate is required prior to the solicitation
  4. Purchasing and Business Services shall complete a cost or price analysis
  5. Purchasing and Business Services shall negotiate profit as a separate element of price.

Purchases through Non-Competitive Proposals (sole source transactions)

In any dollar amount in excess of $10,000 and in any case of “inadequate competition” where only one response is received for a formal solicitation:

  1. Department must provide specific and adequate justification, subject to additional scrutiny
  2. Purchasing and Business Services shall complete a cost or price analysis
  3. Purchasing and Business Services shall negotiate profit as a separate element of price.

Procurement of Recovered Materials

The university will give preference for items designated in guidelines of the Environmental Protection Agency at 40 CFR part 247 that contains the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Federal Procurement Standards require the purchase of products with the highest percentage of recovered materials, where the purchase price exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeds $10,000. The commodities currently covered in these guidelines are paper, vehicle supplies, some construction materials, transportation supplies, recreation supplies, landscaping supplies, non-paper office supplies, some office furniture and products containing recovered steel, glass, wood, and plastic.

Contract Provisions

Procurement contracts funded with Federal monies must contain the following provisions:

  1. Contracts for more than the Simplified Acquisition Threshold, $250,000, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. These remedies will be specific to each contract. They will certainly include what happens if the contractor misses deadlines, and if the product or solution provided is inadequate.
  2. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
  3. All contracts for more than the Simplified Acquisition Threshold, currently $250,000, must contain a provision that requires the contractor to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
  4. Contractors that apply or bid for an award, exceeding $100,000, must file the required Byrd anti-lobbying certifications, and obtain these certifications from any subcontractors. Each contractor and subcontractor tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

Procurement File

The procurement file should contain documentation of, and the rationale behind, all of the decisions above. These include the rationale for determining that the needed items had to be purchased, for selecting the method of procurement, for awarding to the successful supplier, for not awarding to each of the unsuccessful suppliers, any technical analyses, the required cost or price analysis, the negotiation and amount of profit, and feedback received on the contractor's performance.

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For additional related information, see:

  1. ACD 204–08, “Conflict of Interest”
  2. PUR 201–03, “Value in Procurement”
  3. and

  4. PUR 303–03, “Preparation of Specifications and Response Evaluation Criteria.”


For further information on Purchasing and Business Services' handling of off-campus purchase requests, see the policies in PUR 500, “Suppliers.”

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