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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

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 $35,000 that fall within one of the exceptions below (except for sole source purchases) shall be approved by the President or his/her designee and reported to the Board.

1. Sole source purchases that are available only from one supplier including:

a. utility services including electricity, gas, or water; and
b. government-issued permits, licenses, or certificates.

2. Single source purchases that are only reasonably available from one supplier due to substantial reasons including:

a. items for which competition is precluded because of the existence of patents or copyrights;
b. films, manuscripts, works of art, or books;
c. items or services required to meet specific educational objectives; and
d. items or services that ensure compatibility with existing equipment.

3. Products or services that are offered for purchase under K.S.A. 75-3317 to 75-3322, and any amendments thereto.

4. Articles or products that are produced, manufactured or provided by inmates under the prison-made goods act of Kansas.

5. Materials, goods or wares required for reconstructing, remodeling, repairing or equipping buildings when such purchase are necessitated by the occurrence of a loss against which the Board has purchased property or casualty insurance.

6. Motor fuels required to provide or furnish transportation.

7. Emergency situations that necessitate the immediate purchase of goods or services may be made according to procedures outlined by the President. Such procedures may include the delegation of emergency purchasing procedures to appropriate College personnel.

8. Items that are acquired for resale.

9. Items that are used that become available and are subject to immediate sale.

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 President or the President's designee shall have the option to purchase at the unit or contract prices stated in current cooperative contracts established by purchasing cooperatives that are deemed to be in the College's best interest. The President or the President's designee shall also have the option to make purchases, not to include capital items $5,000 or more, from internal sources of supply when it is determined to be in the best interest of the College.

13. 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.

14. Services of any kind.

15. The acquisition, construction or renovation of a project or projects that involve both services and products, such as a design-build structure or the acquisition, construction or reconstruction of software applications and/or hardware including network infrastructure.

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)