Procurement Authorization & Procedures

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 the college without sacrificing quality.

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. CCCC follows M.G.L. c.30B when a vendor is not on a State contract, MHEC, or E&I. 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. 

In general, Chapter 30B applies to the procurement of supplies and services with the intent of promoting competition and fairness. Construction projects at CCCC follow the guidelines of Chapter 149. Procurement assists the college community in the timely and cost effective purchase of goods and services.

We strive to maximize the college's purchasing power through the use of competitive bidding, negotiations, and administering special pricing agreements and contracts. Relationships with qualified vendors and consortiums, which service the college are established and developed. The financial controls of the college are maintained by ensuring that there is proper authorization of all goods and services purchased.
 

Procurement TotalsRequired Approvals
Up to $500Exception below
$501–$2,499Budget Manager or Department Head
$2,500–$9,999Department Head, Department VP, VP of Finance and Operations
$10,000–$24,999Department Head, Department VP, VP of Finance and Operations, President
$25,000 and overDepartment Head, Department VP, VP of Finance and Operations, President, Board of Trustees


Approval Exception: CCCC will no longer require requisitions to be submitted for goods and/or services where the total purchase is $500 or less. Individual department heads are authorized to order supplies and services directly from vendors without submitting a requisition when the total cost of the purchase is less than $500.

Department heads may delegate this authority to those persons that they authorize to approve departmental expenditures by informing the Procurement Department in writing or by e-mail of the decision. A listing of authorized signers by department will be maintained. However, please keep in mind that the budget manager is responsible for keeping total expenditures within his or her departmental budget, regardless if another individual has been given authority to purchase goods and/or services.

Procedure

After following the procurement delineated in the charts below, the ordering department will fill out a purchase requisition form prior to purchasing the good or service, obtain required approvals and forward to the Procurement Department. A purchase order will be created and issued regardless if the vendor accepts purchase orders or not.

Purchases Requiring Quotations

Departments shall solicit 3 written quotes, and select the lowest cost, acceptable best value quotation that meets the requirements. In the event that the Department cannot find three potential suppliers for the item, the Department should contact Procurement for assistance in locating potential suppliers.

Purchases Requiring Formal Bids

The ordering department will provide detailed specifications, bid evaluation criteria, and a list of vendors to submit the request for proposal to Alena Volynkina (avolynkina@capecod.edu) in the Procurement Department. Formal bids will be posted on COMMBUYS and be available on the College website. 

The requesting department will develop and submit the evaluation criteria and committee for selecting the winning bidder at the same time when submitting the technical specifications. The Procurement Department will assist the requesting department with the evaluation criteria.

The date and time for public bid openings shall be stated in the Request for Sealed Proposals or Invitation for Sealed Bids with an estimated cost of more than $50,000 or more. Representatives of the Requisitioning Department are invited to the bid opening and will work with Procurement to analyze the bids and make recommendations. Procurement will work with the requesting department to prepare a summary of recommendation for approval by the BOT.

Cooperative & Commonwealth of MA state contracts

When sourcing goods or services, vendors who are currently on the Commonwealth of Massachusetts, MHEC, or E&I contracts should be consulted whenever possible in determining the best purchase value. Procedures and documents along with links to COMMBUYS, MHEC, and E&I have been added to the Procurement page on the CCCC website. All purchases with federal funds must be conducted in a manner providing full and open competition consistent with 2 CFR 200.319.

Please contact Alena Volynkina, avolynkina@capecod.edu, or x4470, if you need assistance locating a State, MHEC or E&I vendor. Please contact Marie Murphy, mmurphy@capecod.edu, or x4507, if you need assistance with reviewing federal funded purchasing.

Note: you will need to create a personal log-in on both MHEC and E&I websites to search for vendors. COMMBUYS is accessible without a login id.

Grant Funded Purchases

The PI/Grant Program Manager and their supervising Dean/VP are responsible for understanding and following the applicable purchasing requirements stipulated in the terms and conditions for the grant award(s). The Grant Program Manager and/or Grant Accountant review costs before charging them to an award to ensure that they are allocable, allowable, reasonable and necessary. All grant purchases should be accompanied by a Grant Agreement and Procurement (GAP) form (insert link to PDF version of the form) that documents allowability as well as proper procurement procedures. Grants Management and Accounting should be contacted for specific questions concerning a charge to an award account, preferably in advance of the incurrence of a cost. 

Sole-Source Purchases M.G.L. c.30B, §7

A sole-source procurement is the purchase of supplies or services from a vendor without advesing or seeking competition. Sole-source procurements are authorized under M.G.L. c.30B only under very limited circumstances.

M.G.L. c.30B, § 7, authorizes sole-source procurements of supplies or services with a value of $50,000 or less when a reasonable investigation shows that there is only one practicable source for the required supply or service. The determination must be made in writing.

A sole-source contract may be awarded in an amount of less than $50,000 or a contract for the procurement of library books, school textbooks, educational programs, educational courses, educational curricula in any media including educational software, newspapers, serials, periodicals, audiovisual materials or software maintenance without competition when, after reasonable investigation, the Vice President of Finance and Operations is assured in writing that only one practicable sources for the required supply or service exists. The Sole Source Justification form must be filled out and attached to the Requisition formPDF document. To obtain the Sole Source Justification form please contact Alena Volynkina, avolynkina@capecod.edu, or x4470.

Sole-Source Purchases 2 CFR 200.320 (Federal funding)

Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: (1) The item is available only from a single source; (2) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; (3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity; or (4) After solicitation of a number of sources, competition is determined inadequate. Profit must be negotiated as a separate element of the price for each contract in which there is no price competition. 

Emergency Procurements of Supplies and Services M.G.L. c.30B, §8

M.G.L. c. 30B, § 8, provices that if the time required to comply fully with a M.G.L. c. 30B requirement would endanger the health or safety of people or property due to an unforseen emergency, the procurement of the needed item or service without compying with that M.G.L. c. 30B requirement could occur. Even under emergency circumstances, however, you must comply with M.G.L. c. 30B to the extent possible.

A record of your emergency procurement must be maintained, documenting the basis for determining that an emergency exists, the name of the vendor with whom your jurisdiction will be contracting, the amount and type of the contract, and a list of the supplies and services purchased under each contract. The document should also describe the procedures used to silicit competition. The record of the emergency procurement must be submitted to the Goods and Services Bulletin for publication as soon as possible.

M.G.L. c.30B Procurement of Supplies and Services

Estimated Contract AmountUnder $10,000$10,000 to $50,000Over $50,000
Procurement ProcedureSound business practices.1Use a written purchase description to solicit written quotations from no fewer than 3 persons who customarily provide the supply or service.2Sealed bids or proposals. (M.G.L. c. 30B, §§ 5 or 6).
Advertising RequiredNone.None.

post a notice 1) in your jurisdiction's office, and, at least two weeks before bids or proposals are due, publish 2) in a newspaper, and 3) on COMMBUYS.

If the procurement will exceed $100,000, at least two weeks before bids or proposals are due, publish in the Goods and Services Bulletin.

Award contract to:Responsible person offering the best price.Responsible person offering the needed quality of supply or service at the lowest price quotation.Under § 5, the responsible3 and responsive4 bidder offering the best price. Under § 6, the most advantageous proposal from a responsible and responsive proposer taking into consideration price and non-price proposals.
Written Contract Required5No. Keep written records as a best practice.Yes.Yes.
Maximum Contract Term6Three years, unless majority vote authorizes longer.
OSD OptionYes.


1 M.G.L. c. 30B, § 2, defines sound business practices as "ensuring the receipt of favorable prices by periodically soliciting price lists of quotes."

2 M.G.L. c. 30B, § 4, as amended by Chapter 218 of the Acts of 2016.

3 M.G.L. c. 30B, § 2, defines a responsible bidder or offeror as "a person who has the capability to perform fully the contract requirements, and the integrity and reliability which assures good faith performance."

4 M.G.L. c. 30B, § 2, defines a responsive bidder or offeror as "a person who has submitted a bid or proposal which conforms in all respects to the invitation for bids or request for proposals."

5 M.G.L. c. 30B, § 17(a), states "All contracts in the amount of $10,000 or more shall be in writing, and the governmental body shall make no payment for a supply or service rendered prior to the execution of such contract."

6 M.G.L. c. 30B, § 12(b), states "Unless authorized by majority vote, a procurement officer shall not award a contract for a term exceeding three years, including any renewal, extension, or option."

 

2 CFR 200 Methods of Procurement of Supplies and Services (200.320)

 

 

Procurement Value by Funding Source
Based on Use of Most Conservative Method by Threshold

 

Under $3,000

$3,000 to $50,000

$50,000 or over

Non-Competitive

Procurement Process

Sound Business Practice/Micro Purchase

Small Purchase Procedures

Sealed Bids (IFB)

Competitive Proposal (RFP)

Sole Source
See State & Federal Restrictions

Methodology

No competitive quotes IF prices considered reasonable.

Distribute purchases among qualified suppliers, to extent possible

Simple and informal. Obtain price or rate quotes from more an adequate number of qualified sources  (seek at least 3). Quotes can be in writing, oral, vendor price list on website, online search.

To use:

Complete, adequate, realistic specification or purchase description available.

2 or more reasonable bidders

Fixed price contract feasible, selection can be based principally on price

Requirements:

Bids publically solicited, from adequate number of suppliers

Sufficient response time

Specifications and attachments will define items or services to allow bidder to respond

All bids publically opened at prescribed time/place

Reject a bid with sound documented reason

To Use:

When conditions not appropriate for sealed bids

Requirements:

RFP must be publicized and identify all evaluation factors and relative importance

Consider all responses to maximum extent possible

Solicit from adequate # of qualified sources

Written method for conducting technical evaluation of proposal and selection

Separate price and technical proposals

Must meet:

*Item available from only single source

*Emergency

*Federal awarding agency authorizes noncompetitive proposals in response to written request from non-Federal entity;

*After solicitation from number of sources, competition determined inadequate

Awarding

Person offering best price; Distribute purchases among qualified suppliers, to extent possible

Responsible and responsive person offering the best price.

Lowest price, responsible bidder who conforms with all material terms and conditions

 

Responsible firm whose proposal is most advantageous to program, with price and other factors considered

 

Cost or price analysis and/or profit negotiation

Not required

Not required

Required

Starting point, independent estimates before receiving bids/proposals

Must negotiate profit as separate element of the price if in excess of $150,000

Required

Starting point, independent estimates before receiving bids/proposals

Must negotiate profit as separate element of the price if in excess of $150,000

Must negotiate profit as separate element of the price (FAR suggests less than 10%) Gov’t/non-profit cannot keep profit

Advertising Requirements

No

No

Yes

General circulation newspaper, at least 2 weeks before bid/proposal due and post on jurisdiction’s bulletin board or website; If $100,000 or more, advertise once in the Goods and Services Bulletin at least two weeks before bids or proposals are due.

NA

Contract

No written contract required

Written contract required

Written contract; Firm fixed price contract (lump sum or unit price)

Written contract; Fixed price or cost-reimbursement type contract

 

Maximum Contract Term

NA

Three years, unless majority vote authorizes longer

Contract Provisions

NA

All: Equal Employment Opportunity

All: Debarment and Suspensions (EO 12549 and 12689) (require with bid response)

Rights to Inventions Made Under a Contract or Agreement: see if 37 CFR 401.2 (a)

Over $2,000 and construction: Davis-Bacon Act (40 U.S.C. 3141-3148)

$10,000 or more: Termination for cause and for convenience

Over $100,000: Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)

Over $100,000 with employment of mechanics or laborers: Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708)

Over $150,000: Clean Air Act (42 U.S.C. 7401-7671q.) and Federal Water Pollution Control Act (U.S.C. 1251-1387)

Over $150,000: address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

 

¬Under $2,000 in case of acquisitions for construction subject to the Davis Bacon Act