All JMU procurement activities are subject to the laws of the Commonwealth and are conducted in accordance with the Rules Governing the Procurement of Goods, Services, Insurance, and Construction (Governing Rules) and the policies of the Virginia Association of State College and University Purchasing Professionals (VASCUPP) as published in the Purchasing Manual for Institutions of Higher Education and their Vendors.

The following policies and procedures apply for all procurements made for James Madison University by faculty, staff, and administrators charged to University funds, including Educational and General, Auxiliary Enterprises, Sponsored Programs (Grants and Contracts) and Local/Agency Fund Accounts.

Procedures

Policies

Orders that are found to be non-compliant are logged by Procurement Services and at the end of each fiscal year are sent to upper administration. Below is a limited detail view of the report.

On June 4th, 2009, the University and the Commonwealth of Virginia entered into the original memoranda of understanding with the appropriate Cabinet Secretary or Secretaries, as designated by the Governor, granting appropriate operational authority, for the functional areas of information technology and procurement. JMU then received additional Pilot delegation (2.5) in Capital Outlay and some areas of Finance through the 2016 General Assembly session (HB30/Chapter 780). This pilot period for these additional areas was set to last for a five year period, ending on June 30, 2021.

On July 1st, 2019, the Commonwealth of Virginia entered into a management agreement with the appropriate Cabinet Secretary or Secretaries, as designated by the Governor, granting JMU Level III delegation, through the 2019 General Assembly session (HB 2290/Chapter 124 & SB 1386/Chapter 125).

 

Financial and Administrative Standards 
The University shall substantially comply with its annual approved small, women-owned and minority-owned (SWaM) plan as submitted to the Department of Small Business and Supplier Diversity (SBSD); however, a variance of 15 percent from its SWaM purchase goal, as stated in the plan, will be acceptable. The University will make no less than 75 percent of the annual spend through the Commonwealth's enterprise-wide internet procurement system (eVA) from eVA self-registered vendors.

  • Continues delegation of locally administered policies and procedures to govern procurement (highly impacts campus departments' ability to make up to $10,000 purchases without additional processes/procedures and this delegation does not include the purchase of restricted items or the signing of contracts) 
  • Institutions are exempt from Virginia Information Technologies Agency (VITA) and Virginia Department of General Services (DGS)/Division of Purchases and Supply (DPS) procurement regulations
  • State Contracts are optional
  • Subject to Governing Rules and Higher Ed Manual
  • Increases bid, performance and payment bond requirements from $100,000 to $1 million
  • Renovation/Maintenance Projects Under $1 million are procured under Higher Ed Manual
  • Exempts review and approval of CIO and Director DPS of GSA contracts
  • Small purchase threshold $200,000 ($10,000.01 - $200,000 must be handled by Procurement Services)
  • Removes approval requirements to participate in cooperative contracts
  • Provides institutional-level authority for the disposition of surplus and retention of all proceeds

Any and all contracts, including memorandums of understanding/agreement, collaboration agreements and affiliation agreements, must be signed by an authorized legal representative of the university who has been delegated that responsibility and given signature authority on behalf of the University. 

Signature authority is delegated by the President of the University to the Director of JMU's Procurement Services and his or her written designees to sign contractual agreements for goods and services on the university's behalf. 

It is the responsibility of the Procurement Services Department to serve as the primary repository for contracts, agreements, riders, and related legal documents as a result of a competitive solicitation or sole source process when the goods and services are obtained in accordance with established university procurement policies and procedures. 

It is the responsibility of the department generating the contract to forward every contract to the Procurement Services office for review of legal sufficiency before it may be signed and to ensure that the contract is signed by the proper University official with delegated signature authority. Departments should allow sufficient time for Procurement to review and negotiate contractual terms.

Campus departments are provided with delegation to purchase goods and/or services costing $10,000.00 or less (this delegation does not include the purchase of restricted items or the signing of contracts). 

While the official Departmental Delegation is $10,000.00, departments may receive one quote/proposal from a Micro-small, Small, Women-owned, or Minority-owned business (certified by the Virginia Department of Small Business & Supplier Diversity - SBSD) that is also an eVA self-registered vendor up to $50,000. The department will process the requisition in eVA (prior to any notification of award to the vendor), including any quote/proposal received. Procurement Services will then verify the vendor is certified with SBSD and is an eVA, self-registered vendor. If both criteria are met, Procurement Services will approve the order without the need to seek further competition. If both criteria are not met, Procurement Services will follow internal normal procedures which may include competitively soliciting the goods/services. Confirming orders or split orders to remain under the $50,000 limit are prohibited. 

Purchases must be made in accordance with all University policies and procedures. Delegation can be revoked by the Director of Procurement Services if the department, or individual within a department, does not follow proper procedures. 

Departments should never split orders. Splitting orders is when multiple purchases are made to the same vendor exceeding purchasing delegation within a relatively close period of time. Procurement monitors eVA for this type of activity.

Department Responsibilities:

Departments are not authorized to:

  • Instruct a consultant, contractor, or service technician to start work before the agreement is fully executed and the purchase order is issued
  • Change the scope of an agreement without following the formal purchase document amendment processes
  • Direct a consultant, contractor, or service technician to perform work that is not specifically described in and funded by an agreement
  • Extend the time period of an agreement without execution of an approved amendment or purchase order revision
  • Allow a consultant, contractor, or service technician to incur any additional costs over the limit set by an agreement
  • Sign an agreement unless explicitly authorized to do so by the James Madison University JMU Policy 4100 - Signature Authority on Contracts. (Departments that receive a document requiring signature should forward the document to Procurement for processing).

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