The objective of the Procurement Department at Cape Cod Community College (CCCC) is to ensure that all goods and services are purchased at the lowest possible cost to CCCC without sacrificing quality of goods or services.
The role of the Procurement Department is to assist the college community with questions regarding the procurement of goods and services, to initiate bids and contracts, and to ensure public procurement policies for higher education in the Commonwealth of Massachusetts are followed.
When sourcing goods or services, vendors who are currently on Commonwealth of Massachusetts, MHEC, or E&I contracts should be used whenever possible.
When the vendor is not on state contract, MHEC, or E&I, the college adheres to M.G.L. c30B with the intent of promoting competition and fairness. Construction projects at CCCC follow the guidelines under M.G.L. chapter 149. Procurement actions with federal funds must also conform to regulations as stipulated in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”), 200.318 to 200.326.
General Terms and Conditions
Cape Cod Community College General Terms and Conditions have been prepared by Procurement and shall apply, as a minimum, to all purchase orders, where other specific terms and conditions do not exist. Requests for Competitive Sealed Proposals and Invitations for Sealed Bids will have additional specific terms.
Other Terms and Conditions for RFP's and IFB's
Procurement is responsible to ensure that proper terms and conditions are included in Requests for Sealed Proposals and Invitations for Sealed Bids to protect the College. The dollar value of the purchase, and whether the purchase is for goods only or for on-site construction services, determines the specific terms. Procurement prepares bid documents using the appropriate terms required by law. Terms and conditions are maintained by the Procurement Department.
Bid Security, Performance and Payment Bonds
Procurement will generally require a bid security of 5% of the total amount of bid for construction project on solicitations expected to exceed $100,000.00. A bid security for other solicitations will be required at the discretion of the Procurement Department.
Procurement will generally require a performance bond and a payment bond in an amount equal to 100% of the contract price for construction projects expected to exceed $100,000.00. Procurement may reduce the amount of payment bond to 50% of the contract price if it is in the best interest of the College. Factors to consider for the reduction of payment bond include value of the contract and number of subcontracts. In the event performance and payment bonds are not secured for a particular project, Procurement shall document the reason and the action taken to protect the College's interest.
Insurance and Indemnification
In all cases where a supplier or contractor is working on the College property, even if the work is incidental service, whether the service is provided against a contract or purchase order, whether it is emergency work or non-emergency work, the supplier or contractor must provide Procurement with an insurance certificate naming the College as additional insured.
Requisitioning Departments and/or User Departments are requested to notify Procurement of any supplier providing services on-site where insurance may not have been covered in a formal bidding process.
A blanket order is a purchase order that is established with a vendor to permit a department to make repetitive small purchases over a given time period, usually up to one (1) year, and up to a maximum dollar limit. The blanket order is an efficient method for User Departments to save time, improve lead time, and reduce paperwork.
Procurement shall review blanket orders each year for appropriate action.
Intergovernmental and Cooperative Purchasing
Intergovernmental cooperative purchase agreements are contracts entered into by a governmental entity by a means consistent with the procedural requirements of applicable law and available for use by another governmental entity.
Independent cooperative purchase agreements are contracts entered into by a not-for-profit buying cooperative by a means consistent with the procedural requirements of applicable law and available for use by its members.
The Procurement Department maintains records on cooperative purchasing agreements that are available. Requisitioning departments may contact Procurement for information on a specific requirement. The College may utilize any current valid cooperative agreement for a purchase in lieu of competitive bidding. The agreements shall be used as a means to promote efficiency and savings where practical and where the cooperative agreements can provide materials, supplies, or services needed by the College.
Environmentally Preferred Purchasing
The College is committed to seeking environmentally preferred products (EPP) at a competitive cost. Procurement, working with Requisitioning/User Departments, will seek EPP wherever practical. Guidelines used for products to be considered include, but not limited to:
- recycled content products
- products that reduce waste or use less material
- bio-based (agricultural) products
- less toxic products
- products that require less energy in daily use
- purchase of "energy star" certified products in all areas for which such ratings exist, where possible
The College is committed to diversity in its procurement function. Procurement is guided by the following principles of Supplier Diversity:
- to promote a pool of suppliers that resembles the customer, our students and constituents
- to advance the initiative of equal economic opportunity through pro-active measures aimed at increasing utilization of qualified minority and women owned suppliers
- to ensure that maximum opportunity is extended toward solicitation from a diverse pool of suppliers
- to demonstrate our commitment to equality of opportunity
Procurement Department actions shall include:
- attend conferences, seminars, and other venues that may provide information on MBE and WOB suppliers
- identify MBE and WOB suppliers in College’s vendor base, as well as cooperative buying agencies
Formal protests of contract awards shall be made in writing to the Vice President of Finance and Operations and shall be filed within ten (10) calendar days after the protesting party knows or should have known of the facts giving rise to the protest. Protests filed after ten (10) calendar days will not be considered. The written protest shall include, at a minimum, the following information:
- clear indication that the communication is a formal, written protest
- the name and address of the protesting party
- appropriate identification of the procurement such as the solicitation number
- a statement of reasons for the protest
- supporting exhibits, evidence or documents to substantiate any claims
- signature of duly authorized officer or agent of the protesting party
The Vice President of Finance and Operations may request additional information from the protesting party who shall submit the information within the time periods established. The protest will be forwarded by the Vice President of Finance and Operations to the College’s General Counsel for review and recommendation. When a protest has been filed within ten (10) calendar days and before an award has been made the procurement process may be suspended, at the sole discretion of the Assistant VP for Procurement, and no award of the contract will be made until the protest has been settled. A decision on a protest shall be made in writing by the Vice President of Finance and Operations within ten (10) working days after receiving the recommendation from the College’s General Counsel.
An appeal of a decision of the Vice President of Finance and Operations may be made to the College’s Vice President for Finance and Operations. Notification of the intent to appeal a decision of the Vice President of Finance and Operations shall be communicated, via mail or email, within two (2) business days of receipt of the decision. The actual appeal shall be filed not later than seven (7) calendar days after the receipt of such decision. The appeal shall contain a detailed statement of the factual and legal grounds upon which a reversal or modification is deemed warranted specifying any errors of law or information not previously considered. A decision of an appeal will be made as expeditiously as possible. The decision of the Vice President of Finance and Operations shall be final with respect to administrative remedies.
Debriefing Unsuccessful Bidders
When a contract or purchase order is awarded on some basis other than price alone, unsuccessful bidders may request a debriefing to the Vice President of Finance and Operations within a reasonable time. Debriefings shall be provided at the earliest feasible time after the final recommendation has been made and after approval by the Board of Trustees (if applicable). The debriefing shall be conducted by the Vice President of Finance and Operations or a College official familiar with the rationale for the selection decision and contract award.
The debriefing shall be limited to discussion of the unsuccessful bidder’s proposal and may not include discussion of a competing bidder’s proposal. The debriefing shall be factual, consistent with the evaluation of the proposal and may provide information on areas in which the unsuccessful bidder’s proposal was deemed weak or deficient.
The debriefing may not include discussion or dissemination of the thoughts, notes, or rankings of individual members of an evaluation committee, but may include a summary of the rationale for the decision and recommended contract award.
Public Access to Purchasing Files
Access to public records will be made available in accordance with the provisions of the Public Information Act.
A vendor, bidder, media, or any member of the general public who wishes to review purchase order files may make the request, in writing, to the Vice President of Finance and Operations. The VP will arrange an appointment, phone call, or conference call within thirty (30) days of the request. The requested files will be organized prior to the scheduled meeting or call and all designated trade secrets submittals or other proprietary data deemed to be confidential will be removed. If copies are requested, the Procurement Department will make the necessary arrangements for copies and pass on any costs to the requester.
Guidelines Covering Procurement Conflict of Interest and Disclosure
As supplemental guidance to the MA Conflict of Interest law, Cape Cod Community College (CCCC) Procurement Department has developed internal guidelines to address procurement-related conflicts of interest and the actions of employees engaged in the selection, award, and administration of contracts.
- Employees shall refrain from accepting gifts, gratuities, or benefit of substantial value from any vendor (M.G.L, Chapter 268A, Section 3).:
In this respect, employees who are responsible for making purchasing decisions, or who are in a position to influence purchasing decisions, shall refrain from accepting any gratuity or benefit from any vendor, for they may be construed to influence such purchasing decisions.
- Employees shall not do business in the name of CCCC with companies in which any of the parties listed below hold a financial interest unless disclosure of the facts of the matter and the employee’s financial interests are first made to, and approved in writing by, the Vice President of Finance and Operations (M.G.L. Chapter 268A, Sections 6 and 6A).
- The employee
- The employee’s immediate family or partner
- A business organization in which the employee is serving as an officer, director, trustee, partner or employee
- Any person or organization in which the employee is negotiating prospective employment
A financial interest must be direct and immediate or reasonably foreseeable (and not remote, speculative or not sufficiently identifiable), and may be large or small, positive or negative, a benefit or an obligation.
When employees directly engage in the selection, award, and administration of contracts through the CCCC Procurement Department, they will be provided with a copy of the guidelines regarding procurement conflict of interest and disclosure by the Procurement Officer to review.
As soon as an employee engaged in the selection, award, and administration of contracts knows, or foresees, that he or she may have a conflict of interest, in fact or apparent, the MA Disclosure Form regarding the particular matter should be completed with the Vice President of Finance and Operations.
 The state ethics commission shall adopt regulations: (i) defining “substantial value,” ; provided, however, that “substantial value” shall not be less than $50; (ii) establishing exclusions for ceremonial gifts; (iii) establishing exclusions for gifts given solely because of family or friendship; and (iv) establishing additional exclusions for other situations that do not present a genuine risk of a conflict or the appearance of a conflict of interest. (M.G.L, Chapter 268A, Section 3(f))