BPO are primary source agreements which are designed to supply goods or services on an ongoing basis for a designated period of time. The agreement generally establishes prices, terms, conditions, and the period covered. Quantities or minimum sales are not required. Contract awards may be initiated with more than one vendor or contractor for comparable products or services. Multiple awards may be used in instances where awarding to a single provider would be impractical or fail to satisfy the overall requirements of all potential users. The establishment of these agreement types is subject to applicable bidding limits (See Policy 5206.00).
When an emergency involving the public health, welfare or safety, or the protection of State property or programs requires the immediate issuance of a purchase order, standard agreement, or service order without a formal issuance of bid invitations, a statement regarding the nature of the emergency will be attached to the requisition, and be signed by both the requestor and the cam pus procurement officer. Such statement shall include an attestation that an immediate threat to the public health, welfare or safety or damage to State property exists.
SOLE SOURCE / SOLE BRAND
Sole Source or Sole Brand procurements must be justified and approved in writing if the specified procurement exceeds $50,000 for services and commodities, excluding Public Works.100,000 - Vice President of Administration and Finance250,000 - Chancellor
A sole source acquisition is justified when it has been determined that only one source exists for the required product or service, and bidding is not possible. Justification for a sole source acquisition must accompany the requisition. This justification should include: the unique performance features of the product, why these specific features are required, and why other products that could be considered will not meet requirements.
A sole brand acquisition exists when only one brand-name product will satisfy the requirements of the requester, and a written justification has been authorized to limit the bidding only to dealers of that specified name-brand. Unless exempted, standard bid specifications call for "brand-name or equal."
OR EQUAL PRODUCTS
An "or equal" product may be offered as an alternative but the bidder must establish that the offered product is truly equal to that requested (e.g., by full comparison of product specification). Failure to provide such information may be grounds for rejection of the bid/offer without further review. No substitutions will be accepted without information and/or documentation. Failure to provide documentation is grounds to reject the bid/offer or terminate the contract/purchase order. The evaluation of the "or equal" alternative item will be made by the University whose decision is final.