University Procurement Policies and Delegation Guidelines - October 2021
This presentation covers the definition of confirming orders, university and procurement policies regarding unauthorized commitments, delegation of procurement responsibilities, and the importance of following proper procedures to avoid personal liability for costs. It emphasizes the necessity of obtaining approval from Procurement Services before signing any contracts or making purchases.
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Presentation Transcript
Confirming Orders (After-the-fact orders) October 2021 Slide 1
Definition of a Confirming Order A purchase, letter of intent to purchase, or request for scheduling in advance of an order that is made by an individual, without having a valid purchase order number, P-Card or approved payment request form established to pay for that purchase or service. October 2021 Slide 2
University and Procurement Policies Use of confirming Requisitions and Purchase Orders without an approved University payment method to authorize retroactively commitments to suppliers by personnel is a violation of University policy. October 2021 Slide 3
Delegation of Procurement The President, through the Vice President for Finance and Administration, has delegated the procurement function to the Procurement Services Director/Chief Procurement Officer. Any acquisition of a commodity or a service made before Procurement Services issues a PO may become the personal obligation of the individual obtaining the commodity or service. October 2021 Slide 4
Delegation of Procurement The requirements stated herein apply to all purchases of commodities and contractual services regardless of the funding source. It is the responsibility of Procurement Services to determine the price and secure the source of supply (supplier) for the purchase. Requisitioning departments shall never assume that their recommended supplier will be the supplier/contractor to whom the PO will be issued. Requisitioning departments are urged to contact Procurement Services prior to preparing a requisition to secure information about specifications, sources of supply, terms and prices. A supplier should never be allowed to provide a service or deliver a commodity before a PO is issued. October 2021 Slide 5
Delegation of Procurement Even when legal authority exists via a power of attorney, all contracts and agreements require review and approval by Procurement Services prior to the signing of the contract document, a requisition must be submitted and a PO issued before any contract documents are released to the supplier. If this policy is not followed, the individual signing the contract may be personally liable for any costs incurred. October 2021 Slide 6
Audit for Fiscal Year 2005-06 An audit for FSU for fiscal year 2005-06 by the State of Florida, Office of the Auditor General recommended: The University should ensure that University personnel do not enter into written contracts that exceed their authorized limits, and that contracts are reviewed first by Procurement Services, and then if necessary, Procurement Services will obtain approval by the Office of the General Counsel prior to executing written contracts, as required by University policy. October 2021 Slide 7
Prohibited Procurement Practices Placing orders for goods or services directly with suppliers or instructing the supplier to invoice FSU before Procurement Services has issued a PO to that supplier. Using a personal credit card or personal funds to purchase goods or services for the department, with the expectation of being reimbursed by FSU, unless the amount is less than $25.00. October 2021 Slide 8
Prohibited Procurement Practices Any individual who engages in a prohibited procurement practice is hereby notified that he or she is risking their personal funds only, and not the funds of FSU. This policy applies to all funds on deposit with FSU, regardless of the source. Lack of knowledge of proper procedures, or a perceived lack of time to follow them, when circumstances do not indicate that a true emergency existed, will result in the return of all payment requests, expense reimbursements or requisitions for handling by the individual making the charge, or the individual approving it after the fact within the department. October 2021 Slide 9
Applies to: Requisitions Expense Reimbursements (especially over $25) Payment Request Forms for unencumbered payments October 2021 Slide 10
Expense Reimbursements Anything over $25.00 requires a justification Employee must be considered in Travel Status Acceptable Reimbursements: (i.e. at a conference and you need to purchase a book but they don t take P-Card or out in the field performing research at a more remote location and you need to purchase something for that research but supplier doesn t take p-card and no access to the SpearMart system) October 2021 Slide 11
Expense Reimbursements Sales Tax: The University is sales tax exempt for PO or P-Card. When making a University business purchase using personal funds and you are charged sales tax, if approved, the University reimburses you back the full cost of the purchase including the sales tax but the University never recoups sales tax. This costs the University a lot of money over time. October 2021 Slide 12
Payment Request Forms Goods and Services should all come through Procurement Services. There is an allowable Unencumbered Disbursements list for certain things that can be purchased using a Payment Request Form (PRF). For a complete listing, contact Accounts Payable. Items being paid via a PRF should not be after the fact. The University would send a check to the supplier and then merchandise is shipped, not the other way around. PRF s may be able to be used when a supplier doesn t take POs or P- Card. The University should consider using other suppliers that do accept POs or P-Cards before using PRFs for ordering items. Consult with Procurement first. October 2021 Slide 13
Examples of Confirming Orders (without establishing a payment method - i.e. PO, University check, P-card) Catering at the University Center Club *unaware of the cost of the catered services or service charges. Blanket orders not issued as services are required and then submitted several months later when invoices received. Printing or design work submitted after the work was completed. Charter buses secured 2 days prior to departure or after trip. Clothing (i.e. uniforms, shirts, etc.) embroidered/purchased. Computer or A/V supplies ordered and delivered with no PO. October 2021 Slide 14
Adverse Effects of Confirming Orders Supplier assumes risk by providing goods or services. FSU employee assumes risk by requesting goods/services without having an established payment method. Insufficient funds Budget closed or grant ended or grant may not allow the purchase Overpayment for goods/services Potential Liability EH&S Issues Construction/Facilities Issues Property Tag / Asset Management Issues October 2021 Slide 15
Adverse Effects of Confirming Orders Lack of Administrative Approvals By-passing State Law or Board of Governors Regulations for procurement methods By-passing Federal Procurement Requirements By-passing Legal Review Taxation Issues Conflict of Interest (Employee Employer relationship) Interest penalties / University Credit rating Supplier Diversity Initiative Lack of Internal University Approvals Risk of Audit write-up If it continues, and University continues to support it, we would be granting inherent authority to continue the practice October 2021 Slide 16
Bypasses Internal University Approvals Computing Equipment (over $20,000) and software Security Systems and Fire Alarms Renovations Copiers Printing and Copying Telephones and Telephone Equipment Radiological Material Uniforms or clothing for employees Legal Services Signs, exterior (permanent) Controlled Substances Fans, Heaters, air circulators, defibrillators, drones, golf carts Hazardous Waste Traffic control & Personal Safety Devices / Law enforcement Contract and Grant Requisitions October 2021 Slide 17
Acceptable Procurement Methods FSU Visa Procurement Card ( the P-Card ) if allowable by the P-Card program. Newly revised policies and procedures have expanded the flexibility of the P-Card, so that its use can be more closely tailored to the needs of the department. Submission of a requisition to Procurement Services via SpearMart. Payment Request Form if allowable per the allowable Unencumbered Disbursements list. October 2021 Slide 18
Emergencies If you have a bona-fide emergency and the University is closed or you re in travel status and do not have a P-Card or supplier doesn t accept P-Card, document the nature of the emergency and turn in your paperwork by the next business day to Procurement Services for review. If it s a true emergency then Procurement Services will approve the request. October 2021 Slide 19
Confirming Order Log Confirming Orders are reported via the monthly compliance report that is emailed to all DDDH s. We check for reoccurrences from the same department, same individual and same supplier. Suppliers are communicated to and sometimes sent a letter putting them on notice that if it continues to happen, they may not be paid and they must obtain a University payment method (i.e. valid PO, P-card or University check) prior to providing services or goods. October 2021 Slide 20
How to Prevent Confirming Orders? Plan Ahead Contact Procurement Services for help or expediting orders, obtaining price quotes, bidding, or contract information. Know or read the University Procurement policies and procedures. Use a P-Card for allowable P-Card purchases when you can. Enter a requisition in a timely manner to allow Procurement Services time to obtain competitive pricing, verify supplier information, obtain missing requisition information, etc. Lack of knowledge or saying someone was new is not sufficient for approval of confirming orders. October 2021 Slide 21
How to Prevent Confirming Orders? When watching for the PO number in SpearMart, make sure that the PO has gone through all workflow approvals before providing the PO number to the supplier. You can search by the requisition number in SpearMart and if the PO is established, the PO number will automatically show. From the PO you can look at the workflow approvals. If no PO number is showing the requisition has not finished processing to PO and it has not finished workflow approvals. October 2021 Slide 22
How to Prevent Confirming Orders? Remember, it takes more time to do it the wrong way than the right way. If in doubt or you re not sure the correct way to handle something, please contact Procurement Services. October 2021 Slide 23
How to Prevent Confirming Orders? Procurement Services Main Phone Number: 644-6850 Website: www.procurement.fsu.edu To apply for a P-Card, eligible employees must use the Cardholder Application form in SpearMart. The appropriate approvals will need to approve the form when submitted. P-Card web page: www.procurement.fsu.edu/how/buy/p-card P-Card Program Manager: 644-6850 Confirming Orders: Contact Karen Gibson or Rosey Murton at 644-6850 Use the Confirming Order justification form in SpearMart for goods and services or for personal reimbursements, Use the expense reimbursement process within Concur. On-site training can be made available to discuss compliance and procedures by contacting Procurement Services at 644-6850. October 2021 Slide 24
QUESTIONS? October 2021 Slide 25
