Section 526.2036  Other Methods of Source Selection

a)         Split Award

1)         An award of a definite quantity requirement may be split between bidders or offerors.  Each portion shall be for a definite quantity and the sum of the portions shall be the total definite quantity required.  A split award may be used only when award to more than one bidder or offeror for different amounts of the same item are necessary to obtain the total quantity or the required delivery.

2)         The SPO shall make a written determination setting forth the reasons for the split award, which determination shall be made a part of the procurement file.

b)         Multiple Award

1)         A multiple award is an award of an indefinite quantity contract to more than one bidder or offeror when the University is obligated to order all of its actual requirements from those vendors.

2)         A multiple award may be made when award to two or more bidders or offerors for similar products is necessary for adequate delivery, service, or product compatibility.  Any multiple award shall be made in accordance with the provisions of  Section 526.2010 (Competitive Sealed Bidding), Section 526.2015  (Competitive Sealed Proposals), Section 526.2020 (Small Purchases) and Section 526.2030 (Emergency Procurements), as applicable.

3)         The University shall reserve the right to take bids separately if a particular quantity requirement arises that exceeds its normal requirement or an amount specified in the contract.

4)         If a multiple award is anticipated, the solicitation shall state this fact as well as the criteria for award.

5)         In a multiple award situation, one vendor may be designated as the primary recipient of orders.  The other awardees may receive orders in the event the primary vendor is unable to deliver or for other reasons as determined by the SPO.

c)         Term and Condition Contracts

1)         A term and condition contract contains agreed contractual terms and conditions established for the convenience of the parties to be used in conjunction with a subsequent procurement and processed in accordance with the requirements of the Code and this Part.  A term and condition contract is not a procurement.  It creates no obligation on the part of the University to procure from the vendor nor does it create an authorization for a University to order based on that master contract, except as provided by subsection (c)(2).

2)         Orders may be placed against term and condition contracts without use of any prescribed method of source selection for convenience of processing small procurements.  Universities with reasonably defined repetitive small needs that, over the course of a fiscal year, are likely to exceed the small purchase amount set in Section 20-20 of the Code and this Part should consider a competitive  method of source selection to contract for those repetitive needs.

d)         Auction

Purchases may be made at auction in accordance with the procedural requirements applicable to the particular auction.  Notice and competition is not required and the amount payable shall be the amount bid and accepted plus any required buyer's premium.

e)         Non-governmental Joint Purchase

If the SPO determines in writing that joint procurement with an organization not eligible for joint purchasing under the Governmental Joint Purchasing Act is in the best interests of the University, the SPO may enter into an agreement with such an organization for the joint procurement of any item covered by the Code.  Any method of source selection may be used and may be modified or adapted to meet the needs of the non-State entity.

f)          Federal Requirements

Requirements of the Code and this Part may be modified or adapted to meet federal requirements.

g)         Foreign Country Procurement

Procurements to meet the needs of University programs located in foreign countries shall comply with the Code and this Part whenever practicable.  The SPO shall maintain a record of such action.

h)         Donations

When a procurement will have the majority of funding from a donation, the terms of which donation require use of particular procurement or contracting procedures, the SPO may follow those procedures, but shall follow the Code and this Part whenever practicable.

i)          Printing Cost Offsets

In accordance with University policies, the University may provide advertising rights in printed products to a vendor or receive free copies of printed products from a vendor in order to reduce the overall cost of a printing contract.  Procurement by competitive sealed bid or competitive sealed proposal is required when the net printing cost, after offset, exceeds the small purchase limit of Section 526.2020 of this Part.