PURCHASING

Effective: August 15, 2024

Purpose: This policy is to establish guidelines for procurement activities within Emporia State University  aligned with the directives set forth by the Kansas Board of Regents (KBOR) and relevant state regulations.

Scope: This policy applies to all eligible university employees.

Responsible Office: Business & Finance Office; Controller’s Office

Policy Statement: The University’s procurement policies and procedures are intended to:

• Focus on the stewardship of public funds;
• Advance and support the mission of the University;
• Promote a competitive and fair procurement environment; and
• Adhere to the Kansas Open Records Act.

University units are expected to conserve financial resources while maintaining the highest possible integrity, broad-based competition, and fair and equal treatment of the business community.

The President, and those persons or positions that have received the express delegation of specific contracting authority from the President, are the only persons or positions that have been authorized to contractually bind the University by the execution of a contract, in accordance with applicable law, policy, regulation, and process. Written documentation of those persons or positions that have received the express delegation of specific contracting authority from the President shall be maintained by the Office of General Counsel and provided to KBOR as may be required by Board policy. University colleges, schools, divisions, or other units do not have signatory authority to enter into contracts. Contracts made by the Emporia State University Foundation shall not be binding on ESU.

All University contracts must be in writing and must be in the name of Emporia State University.

As set forth in KBOR policy, additional requirements or requirements that conflict with this section may be required for contracts that purport to sell, lease, or purchase real property, contracts between the University and other state agencies, or contracts that require the expenditure or transfer of an amount greater than one million dollars ($1,000,000).

All contracts shall be managed and reviewed through an internal workflow process administered by the University’s Office of General Counsel prior to their execution. All contracts shall meet all state and Kansas Board of Regents’ contracting requirements, but any exception or alteration to such requirements must receive the approval of the University’s Office of General Counsel prior to their execution. Appropriate assignment of a contract’s signatory shall be made by the Office of General Counsel unless otherwise directed by the President.

The purchase, lease, and/or license of computers, printers, scanners, cameras, other devices containing internal memory or memory cards or other devices, all related equipment, peripherals, hardware, software, and other information technology must be approved by the University’s IT department on a purchase requisition to ensure the item is in compliance with and can be supported by the University’s technology architecture and information security policies and procedures. The IT department may sometimes publish lists of pre-approved items that can be relied on when purchasing, leasing, and/or licensing information technology.

All promotion and publicity of the University requires Marketing and Media Relations’ approval. It is Marketing and Media Relations’ responsibility to establish and maintain the required standards/guidelines for the use in promotion, publicity, and/or marketing materials of University trademarks and service marks, institutional names, designs, logos, graphics, video files, audio files, text, photographs, and other materials. Promotion or publicity of a specific school, college, unit, or organization (including Recognized Student Organizations “RSOs”) must comply with these standards/guidelines for all promotion, publicity, and/or marketing of the respective school, college, unit, or organization.

State use items such as toner cartridges, binders, and other selected office supplies must be purchased from designated state use vendors.

Professional and consultant service contracts costing $10,000 and above shall be bid by the University’s Purchasing Office unless determined to be a sole source.

The University retains the ability to use State contracts for any and all purchases.

The Business Procurement Card (BPC) may be used for purchases. Technology, as well as promotion, publicity, and/or marketing purchases, must be approved prior to using the BPC.

Certain units within the Physical Plant, including grounds operations, plumbers, electricians, motor pool, and carpenters will be responsible for purchasing within that trade or unit and maintaining an inventory of regularly purchased items to satisfy the daily needs of the staff within that trade.

The University’s Purchasing Program does not include capital improvement, renovation, or new construction.

University employees must comply with applicable ethics laws, Kansas Ethics Commission opinions and guidance, University and KBOR policy regarding the acceptance of gifts.

Documentation of informal bid results must be submitted to the Controller’s Office for reporting potential savings. The University may be required to report the savings to KBOR.

Lease of Real Property between the University and any other party for vacant space that is less than 10,000 square feet or between the University and any other party for a term not to exceed twenty-four (24) months should be executed in accordance with state law. All leases of real property shall be managed and reviewed through an internal workflow process administered by the University’s Office of General Counsel prior to a lease agreement’s execution. All such agreements shall meet all state and KBOR contracting requirements applicable to such agreements, and any exception or alteration to such requirements must receive the approval of the University’s Office of General Counsel prior to their execution. Appropriate assignment of a contract’s signatory shall be made by the Office of General Counsel unless otherwise directed by the President. Pursuant to the requirements and restrictions of all applicable KBOR policy and state laws, a formal bid process must be completed for all leases of real property.

As ordinarily used by the University and its affiliated entities,  memorandums of understanding (MOU) and memorandums of agreement (MOA) are generally considered to be contracts  pursuant to state law. However, MOUs and MOAs shall not typically be used for the purpose of purchasing goods and services. Instead, they describe collaboration between the parties, which may include mutual responsibilities, obligations, and restrictions. As such, MOU’s and MOA’s shall meet all state and KBOR contracting requirements applicable to such agreements, and any exception or alteration to such requirements must receive the approval of the University’s Office of General Counsel prior to their execution and shall be managed and reviewed through an internal workflow process administered by the University’s Office of General Counsel prior to their execution. In addition, any agreement made for the purpose of creating a student internship, regardless of the format of the agreement, is subject to these same policy requirements.

Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in University or Board of Regents policy or by statute or regulation.

Contract – Any agreement or promise which purports to obligate the University to perform some responsibility or to take some specific action(s).

Lease of Real Property – An agreement to lease or rent real property:

• between the University and any of its affiliated corporations;
• between the University and a municipality;
• between the University and any other party for vacant space that is less than 10,000 square feet; or
• between the University and any other party for a term not to exceed twenty-four (24) months.

The term, “lease of real property” also includes any agreement to lease or rent real property from the University and any agreement to lease real property to the University.

Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of Business and Finance.

[Business and Finance procedures - coming soon]

Related Policy Information: For additional information see the Procurement Policies  at https://www.emporia.edu/busaff.

IT policies and procedures can be found at https://www.emporia.edu/it/about/policies.html.

ESU Marketing and Media Relations. Standards/Guidelines can be found at https://www.emporia.edu/marketing/styleguide.

A complete list of State contracts can be found at https://www.admin.ks.gov/.

Travel transactions, including registration, lodging, airfare, etc. follow established guidelines, per the Travel Expense Reimbursement Handbook located at www.da.ks.gov/ar/.