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Purchasing Exceptions to Competitive Solicitation Policy 215.04

Purchasing Exceptions to Competitive Solicitation Policy 215.04
Johnson County Community College
Series: 200 Administrative Services
Section: Purchasing and Contracts

Applicability: This Policy applies to all Johnson County Community College (“JCCC” or the “College”) purchases made using College Funds, as defined in Purchasing Policy 215.01.

Purpose: The purpose of this Policy is set out exceptions to the Competitive Solicitation Requirements Policy 215.02.

Statement:

All items and services will normally be purchased in a manner that maximizes open and free competition in accordance with the Competitive Solicitation Requirements Policy 215.02, subject to the exceptions contained herein. Purchases exceeding $50,000.00 that fall within one of the exceptions below (except for sole source purchases and goods or services purchased for resale) shall be approved by the President or designee and reported to the appropriate committee.

  1. Sole source purchases that are available only from one supplier including but not limited to:
    1. Utility services (e.g., electricity, gas, or water);
    2. Government-issued permits, licenses, or certificates, or authorities-having-jurisdiction (AHJ); or
    3. Real property.
  2. Single source purchases that are reasonably available only from one supplier due to substantial reasons including but not limited to:
    1. Films, manuscripts, books and media publishers, or works of art (including live performances and productions) for which competition is precluded because of the existence of patents or copyrights;
    2. Internet, fiber, and other telecom services;
    3. Goods or services required to meet specific educational objectives;
    4. Goods or services that ensure compatibility with existing equipment, infrastructure, software, or systems; or
    5. Advertising (including TV, radio, print, billboard, and electronic mediums) to reach a target audience.
  3. Products or services that are offered for purchase under K.S.A. 75-3317 to 75-3322 (purchase of products and services of nonprofit entities for blind or disabled persons), and any amendments thereto.
  4. Articles or products that are produced, manufactured, or provided by inmates under K.S.A. 75-5273 to 75-5282 (the Prison-made Goods Act of Kansas), and amendments thereto.
  5. Materials, goods, or wares required for reconstructing, remodeling, repairing, or equipping buildings when such purchases are necessitated by the occurrence of a loss covered by property or casualty insurance.
  6. Motor fuels and alternative energy sources, such as electrical vehicle (EV) charging equipment, required for College-owned vehicles.
  7. Emergency situations that necessitate the immediate purchase of goods or services. Emergency purchasing procedures may be designated by the President and delegated to appropriate College personnel.
  8. Goods or services that are purchased for resale.
  9. Pre-owned goods available for purchase deemed to be in the College’s best interest.
  10. Items that are acquired when the College is serving as a facilitating agent or trustee.
  11. Items where negotiation would render a more favorable pricing and product condition for the College.
  12. The College may contract for goods and services provided by state of Kansas agencies, or by federal agencies, political subdivisions of Kansas, agencies of other states or subdivisions thereof, or private nonprofit educational institutions.
  13. Services of any kind when it is determined to be in the best interest of the College.
Date of Adoption: 06/20/2002
Revised: 09/15/2005, 07/19/2012, 08/16/2018, 02/18/2021 (provisions regarding Board Committee structure suspended and temporarily removed from April 1, 2021 through April 1, 2022; original policy on file in the Policy Office), 07/20/2023