Policies and Procedures Manual

    Purpose and Function of The Purchasing Department

Purchasing is an important function of administrative management at Florida Gulf Coast University. The purchasing function is delegated to the Purchasing Department and is organized to provide support to the instructional and research faculty and staff, the students, and other service departments. Purchasing involves the acquisition of equipment, furnishings, supplies, services, and lease of space, for the University, within pre-established budgetary constraints. Purchasing may also assist in preparing budget estimates, prepare bid and/or proposal specifications, initiate formal quotations, conduct public bid openings, evaluate bids and proposals, and the awarding and administration of contracts until final completion or termination. This manual, prepared and issued by the Purchasing Department, establishes uniform polices and procedures relating to the purchase of commodities and services needed in the current operation of the University. This manual also reflects statutory requirements of the State of Florida, Florida Gulf Coast University Rules and the standard practices of the State University System of Florida, as applicable. The requirements stated herein shall apply to all purchases of commodities and contractual services whether funded by state appropriation, grants, and private donations or other funding sources. Except as otherwise delegated herein, the Purchasing Department is the only department authorized to commit funds for the acquisition of commodities and contractual services. This function is accomplished through the issuance of purchase orders or use of the procurement card, predicated by the submittal of a Requisition form from a University department.. The Purchasing Department is the initial point of contact for service contracts and agreements prior to any obligation or commitment of the University.

    General Definitions

Artistic Services
Services provided by an individual or group of individuals who profess and practice a skill in the area of music, dance, drama, folk art, creative writing, painting, sculpture, photography, graphic arts, craft arts, industrial design, costume design, fashion design, web design, motion pictures, television, radio or tape and sound recording or in any other related field.

Bid
A competitive sealed response received pursuant to the issuance of an Invitation to Bid by a responsive and qualified bidder or offeror.

Change Order
A University document formalizing the amendment of a purchase order.

Commodity
Any of the various supplies, materials, goods, merchandise, food, equipment or other personal property, including a mobile home, trailer, or other portable structure, which are purchased, leased, lease-purchased or otherwise contracted for by the University. "Commodity" also includes interest on deferred-payment contracts entered into by the Institution for the purchase of other commodities. Printing of publications and software to be used pursuant to license agreements shall be considered commodities.

Competitive Negotiation
The establishment of a contract through deliberation, discussion or conference on the specifications, terms and conditions of a proposed agreement.

Competitive Solicitation
An Invitation to Bid, Request for Proposal or Invitation to Negotiate to competitively select a contractor with the title, date, and hour of the public solicitation opening designated.

Contractor/Vendor
A person or firm who contracts to sell commodities or contractual services to the University.

Contractual Service
The rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent contractors. "Contractual service" does not include labor or materials or selection of professional services for the construction, renovation, repair or demolition of facilities entered into pursuant to Chapter 255, Florida Statutes.

Direct Owner Purchase
The purchase of materials or equipment by the University that were originally included in a construction manager's, contractor's or subcontractor's bid, proposal or reply for a University construction project.

Extension
An increase in the time allowed for the contract period.

Governmental Entities
The State of Florida including its local governments and political subdivisions, the federal government, and other public or private educational institutions, cooperatives or consortia.

Independent Contractor
A person or firm who provides a service to the University, but does not have any employment or other relationship or connection with that Institution, except as provided in Section 112.313, Florida Statutes.

Informal Quotation
A written or oral quotation not requiring a formal competitive solicitation. Written evidence of oral quotations shall be maintained. Informal quotations shall be used for those services or commodities that are not on state contract and that meet or exceed $5,000 but are less than the competitive solicitations requirement.

Invitation to Bid
A written solicitation for competitive bids with the title, date and hour of the public bid opening designated and the commodity, group of commodities or contractual services defined, for which bids are sought.

Invitation to Negotiate
A written solicitation to define the specifications, terms and conditions of a contract for commodities or contractual services. Cost may or may not be a consideration in the initial stages of negotiating.

Minor Irregularity
A variation from the terms and conditions of a competitive solicitation that does not affect the price of the commodities or services, give the vendor an advantage or benefit not enjoyed by other vendors, or adversely impact the interests of the University.

Minority Business Enterprise
A business concern as defined in Section 288.703(2), Florida Statutes.

President
The chief executive officer of the University, responsible for the operation and administration of the university.

Proposal
A competitive sealed response received from a vendor pursuant to the issuance of a request for proposal.

Public Entity Crime
A violation of any state or federal law by a person in the transaction of business with any public entity of any state or with the United States government involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation.

Purchase
An acquisition of commodities, licenses, or contractual services obtained by contracting in any manner, whether by rent, lease, installment- or lease-purchase or outright purchase.

Purchase Order
A University document formalizing a purchase transaction with a vendor and authorizing the vendor to deliver goods or services.

Purchases for Resale
The purchase of commodities or contractual services acquired for the purpose of selling them for the benefit of the University.

Requisition
Contracting with the same contractor for an additional period of time after the initial contract term, provided the original terms of the agreement specify an option to renew.

Renewal
Contracting with the same contractor for an additional period of time after the initial contract term, provided the original terms of the agreement specify an option to renew.

Reply
A competitive sealed response received from a vendor pursuant to the issuance of an Invitation to Negotiate.

Request for Proposal
A written solicitation for competitive proposals for commodities or contractual services with the title, date, and hour of the public opening designated. The request for proposal may be used when the scope of work is not clearly defined.

Responsive and Qualified Bidder or Offeror
A contractor/vendor who has submitted a bid, reply or proposal that conforms in all material respects to a competitive solicitation.

Term Contract
An indefinite quantity contract for the purchase of commodities or contractual services during a prescribed period of time.

Net 40 Days

Payment of entire invoice amount is required within 40 days from invoice date or receipt of goods whichever is later.

Net 30 Days

Payment of entire invoice amount is required within 30 days from invoice date or receipt of goods whichever is later.

2% 10/Net 40

If payment is made within 10 days from the date of receipt of the invoice or receipt of the goods (whichever is later) the amount of the invoice may be discounted by 2%. The invoice becomes overdue 40 days after the invoice date or receipt of goods whichever is later.

Per Contract

Payment of invoice amount will be made according to agreed upon terms of contract.

Cash Discount Per Agreement

Payment of invoice amount will include a cash discount for prompt payment made according to agreed upon terms of contract.

In order to maintain good purchasing practices and comply with the rules and policies of the University the following levels are established.

 

$1,000 -- The level at which an item will be tagged for property tracking.

$5,000 -- The maximum level at which a requisition may be processed not requiring quotations. Requisitions exceeding this amount require 2-3 verbal quotes, where practical.

$10,000 -- The level at which a requisition requires 2-3 written quotes, where practical.

$50,000 -- The level at which formal solicitations are required for commodities and contractual services. The monetary level at which all formal solicitations are advertised on the Florida Communities Network web page and on Purchasing web page.

$500,000 -- The level at which countersignature by the Vice President is required to execute contracts for commodities and contractual services.

$1,000,000 -- The level at which countersignature by the President is required to execute contracts for commodities and contractual services.

Lease of Space -- The level at which all leases of space totaling over 5,000 square feet must be bid.

Section 1001.75(5), Florida Statutes, grants the President authority to approve, execute and administer contracts on behalf of the Florida Gulf Coast University Board of Trustees, provided such contracts are in conformance with law and the rules of the Board of Trustees. In Chapter 6C10-6, Florida Administrative Code, the Board of Trustees has delegated to the President or designee the authority to serve as the central procurement officer for the University and to administer the University's purchasing process.

The authority has been delegated to the Director of Purchasing to act as the central procurement officer for the University and as designee for purposes of administering the University's procurement process. In so doing, the Director of Purchasing is authorized to approve and execute contracts for the purchase of commodities and contractual services up to and including the amount of $500,000. Contracts are construed to include, but not be limited to, agreements, purchase orders, change orders, licenses, lease-purchase agreements, leases, contract extension and renewals, and deferred payment agreements through the State of Florida's Consolidated Equipment Financing Program.

The central procurement officer has the duty to:

• Canvass sources of supply and contracting for the purchase or lease of all commodities and contractual services for the University, in any manner, including purchase by installment- or lease-purchase contracts. Installment- or lease-purchase contracts may provide for the payment of interest on unpaid portions of the purchase price.
• Remove any contractor from the University's competitive vendor list that fails to fulfill any of its duties specified in a contract with the University or governmental entity.
• Plan and coordinate purchases in volume and negotiating and executing agreements and contracts for commodities and contractual services under which the University may make purchases.
• Evaluate and approve contracts let by governmental entities for the procurement of commodities and contractual services, when it is determined to be cost-effective and in the best interests of the University, to make purchases under contracts let by such other entities.
• Elect as an alternative to any provision in Section 120.57(3)(c), Florida Statutes, to proceed with a competitive solicitation or contract award process when it is set forth, in writing, that the particular facts and circumstances which demonstrate that the delay due to staying the solicitation or contract award process would be detrimental to the interests of the University. After the award of contract resulting from a competitive solicitation in which a timely protest was received and in which the University did not prevail, the contract will be cancelled and re-awarded to the prevailing party unless the final order or settlement between the parties provides otherwise.
• Award contracts for commodities and contractual services to one or multiple suppliers, if it is determined to be in the best interest of the University. Such awards may be made on behalf of the University or a consortia of the University and other governmental entities and the contracts may be for multiple years.
• Reject or cancel any or all competitive solicitations when determined to be in the best interests of the University.
• Reserve the right to waive any minor irregularities in an otherwise valid bid, proposal or reply. Variations that are not minor cannot be waived.

Assist University Departments in the selection of equipment, materials and contractual services. Consult with Department Chairpersons, Deans, or Directors on purchasing requirements upon request.

• Receive requisitions for commodities and contractual services.
• Review each requisition for clarity of description and adequacy of specifications. Request additional information from originating department, if necessary.
• Combine requisitions for similar commodities when possible in order to benefit from quantity purchases.
• Prepare invitations and requests, open and analyze for award, all bids and proposals for the purchase of materials, supplies, equipment, and contractual services.
• Maintain a current list of eligible bidders classified as to type of commodities and services they are qualified to provide. In addition, maintain manufacturers' and catalog and brochure files.
• Issue purchase orders.
• Issue annual contracts for those commodities and services used in sufficient quantity to effect savings.
• Maintain electronic links to State Contracts (accessible via the internet) used by the Purchasing Department.
• Review and approve requests for authority to make single source purchases in excess of $50,000.
• Arrange for household moves for eligible new employee hires.
• Implement and issue reports on the University's Minority Business Enterprise Program.

It shall be a breach of ethical standards for any employee of the University to accept, solicit, or agree to accept a gratuity of any kind, form or type in connection with any contract for commodities or services. All persons taking part in the development or selection of criteria for evaluation, the evaluation process, and the contract award process in any purchase shall follow all relevant portions of the State of Florida Code of Ethics for Public Officers and Employees, Chapter 112, Part III, Florida Statutes, and the University's rule on outside employment and activities, Rule 6C10-5.012, F.A.C.

Purchasing officers shall be protected from improper pressures of external political or business interests. It shall also be a breach of ethical standards for any contractor or potential contractor to offer an employee of the University a gratuity of any kind, form or type to influence the development of a contract or potential contract for commodities or contractual services.

The Purchasing Department adheres to the Code of Ethics of the National Association of Educational Buyers.

Employee Conflict of Interest

Except as may be permitted by regulations formulated by the Board of Trustees, it shall be a breach of ethical standards for any employee of a University to participate directly or indirectly, in a procurement unless the employee has an approved Disclosure of Outside Activity and Financial Interest (OAA-GA-267) on file with Human Resources:

a) The employee or any member of the employee's immediate family has a financial interest pertaining to the procurement;

b) A business organization in which the employee or any member of the employee's family, spouse, children, parents, brothers and sisters, has a financial interest pertaining to the procurement; or

c) Any other person, business or organization with which the employee or any member of the employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement.

All employees having a financial interest in a private concern shall file a statement annually with the University President or the President's designee disclosing such interest.

 

Gratuities

It shall be a breach of ethical standards for any person to offer, give or agree to give any employee or former employee or for any employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity of any kind, form or type, in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase order, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any controversy or other particular matter, pertaining to any program requirement or a contract or to any solicitation or proposal therefore.

A person or affiliate who has been placed on the convicted vendor list by the Department of Management Services, State of Florida, may not submit a bid on a contract to provide any goods or services, including construction, repairs or leases and may not be awarded or perform work as a contractor, supplier, subcontractor or consultant for the University for a period of 36 months from the date of being placed on the convicted vendor list. A "person" or "affiliate" includes any person or entity, including predecessor or successor entities or an entity under the control of any natural person who is active in its management and who has been convicted of a public entity crime (Section 287.133, Florida Statutes).

No purchases of commodities or contractual services or printing at or in excess of the bid level shall be made without attempting to secure bids unless otherwise exempted herein. (See Acquisition Procedures.)

Nothing in this section shall be construed as limiting the number of bids solicited. (NOTE: See Bidding Procedures.)

The Purchasing Department has the responsibility to develop and maintain a bidders' commodities/contractual services file on firms that have submitted application for inclusion on formal bids, informal bids, and proposals.

A Vendor's Application form will be mailed to vendors who wish to do business with the University upon their request. Upon receipt of a completed Vendor Application the new vendor is added to the appropriate bidders' lists. Vendors are not required to complete our application in order to submit a bid or otherwise do business with the University but it is encouraged. If a vendor fails to respond to three consecutive bids, the vendor's name may be removed from the mailing list as an inactive supplier for that particular commodity. A "No Bid" response is considered an affirmative response. Any Vendor who fails to fulfill the duties of a contract will be removed from the bid list.

If the needs of the department are complicated or extensive, or if a major project is being planned, the Director and/or and respective Purchasing Coordinator are available for assistance in planning for the acquisition of needed materials, equipment, or supplies.

Purchasing cards may only be used for official, University-related purposes. Purchasing cards issued to departmental users are usually limited to unencumbered purchases of $1,000 or less per transaction and $5,000 per month using E&G, Grant and, Auxiliary, and Local funds. Purchases must follow applicable State laws and guidelines, including University Purchasing rules and procedures. Eligible employees in good standing may be issued a Purchasing Card after completion of all required paperwork, training, and verification of sufficient reconciler support in their department. All cardholders must go through training before being issued a card. For information, restricted and allowable purchases, and procedures contact the Purchasing Department.

*NOTE: This program began in August 2003 with staggered rollout to departmental units to begin in Spring 2004.*

    Acquisition Process - Source Selection and Contract Formation

This section covers the method of communicating a departmental need to the Purchasing Department and the fulfillment of the need by the issuance of a Purchase Order or use of the procurement card. A flow chart of the Order Process and Solicitation Process is shown as Exhibits 1 and 2, respectively.

1. The Requisition to Purchase

A requisition must be submitted to the Purchasing Department to make purchases. The requisition provides information to the Purchasing Department that is required to initiate the purchasing transaction.

Requisitions can be submitted to the Purchasing Department at any time, but preferably giving enough time for deliveries to be completed and not placing the department into an emergency situation. All requisitions to purchase require an authorized signature. Any questions regarding the completion of a requisition form should be directed to the Purchasing Department.

Requisitions for acquisition of sole source items at or in excess of $50,000 must be accompanied by a Sole Source Certification or complete specifications for bidding, unless otherwise exempted.

2. Requisition Form -

a) The requisition form is one of the most important documents in the purchasing cycle. It provides the information required to initiate the purchasing transaction. Complete and correct preparation of the requisition form expedites the purchasing process. The requisition form is used to request purchases of all commodities/services through the Purchasing Department. This document is of an internal nature and must not be sent directly to a vendor.

b) The procedures set forth below outline the manner in which the requisition form should be completed.

1. All requisitions should have the initiator's name and telephone number in the space provided. It must be signed by an individual who is authorized to make purchases. Such authorization can be found on the signature listing maintained by Finance & Accounting. It is not necessary for the initiator's name to appear on the authorized signature list. Signatures will be checked against the authorized signature list on all requisitions (and change orders).
2. Detailed instructions for completing the Purchase Requisition are shown in Illustration 1. A sample of the Purchase Requisition may be found in Illustration 2.
3. Requisitions that are not properly completed may be returned to the requisitioning department for additional information.
4. Requisitions with insufficient funds in the account shown may be returned to the department for a budget adjustment.
5. When preparing requisitions for items that have been ordered previously, it may be helpful to refer to the old purchase order issued for the items. This will serve as a guide for product description, vendor name and address, pricing, and special note actions.
6. Requisitions are subject to audit and are also the primary means of written communication between the departments and Purchasing; therefore, the following helpful hints are provided:
   • Forms are to be typewritten, if at all possible, and the description(s) of items should be double-spaced.
   • Use only common non-technical abbreviations.
   • Furnish all information required by the requisition form. The shaded area is for Purchasing use only.
   • Use the Item Description block to provide any special instructions; such as warranties required, phased delivery dates, request for departures from normal purchasing procedures, special justifications, special terms or conditions to be included on the Purchase Order, etc.
   • For requisitions requiring oral or written price quotes, list any vendors known to be able to furnish the required items, particularly those whom you have already contacted.
   • Requisitions should be submitted to Purchasing sufficiently in advance of need for the goods and/or services to permit adherence to normal purchasing processing procedures.

c) Property versus Non-Property Items: For the purpose of this section, the definition of property is as follows: Equipment, fixtures and other tangible personal property of a non-consumable and non-expendable nature, the value or cost of which is $1,000 or more and the normal expected life of which is 1 year or more, and hardback-covered bound books that are circulated to students or the general public, the value or cost of which is $25 or more, and hardback-covered bound books, the value or cost of which is $250 or more.

Requisitions for property items must be completed and submitted separately from those for non-property items. In other words, do not combine property and non-property items on the same requisition. However, if you are purchasing accessories and components that are necessary to complete a set, kit or system, they may be included with the property item(s) as a part of it/them. The entire purchase will then be coded as an property expenditure. The final authority for determination of property vs. non-property and most appropriate account code is the Property department under Finance & Accounting.

The Purchase Order form is the normal instrument by which goods and contractual services are acquired. It is the vendor's authority to ship and to invoice for the items, terms, and pricing specified on the order. The Purchase Order is a legal instrument and once accepted, establishes a mutuality of agreement. It has the force of a legal, binding contract. A sample Purchase Order is not currently available as an illustration. Purchase Orders are issued in two (2) ways.

a) The One Time Purchase Order: This document consists of the official Purchase Order number, the complete description shown on the requisition, and is for delivery of a one time purchase for goods, equipment, and/or contractual service.

b) The Standing Order: This a simplified method of filling needs for small repetitive quantities by establishing open accounts with qualified vendors. Standing Orders are used to expedite the delivery of needed items and reduces administrative costs in accomplishing small orders by eliminating the need of issuing individual purchase orders over the course of a fiscal year period. Standing Orders fall into two (2) general categories:

• Standing Purchase Orders: Authorizes the purchase and delivery of small dollar value commodity items as requested by the issuing department. This order cannot exceed $24,999.99, unless pricing has been based on an existing bid or contract or there is an approved sole source certification on file. Please call the Purchasing Department for assistance with bid/contract information.
• Standing Delivery Order: Issued to cover the purchase of expendable commodities and contractual services available through either Florida Gulf Coast University or State Division of Purchasing contracts. The bid or contract number should be shown on the requisition, when submitted to Purchasing. Please call the Purchasing Department for assistance with bid/contract information.

c) Procedures for Completing a Standing Order Request:

1. The requisition form is prepared by the requesting department showing the description of the blanket order requirement. An example would be: to purchase small miscellaneous plumbing, electrical, and hardware supplies.
2. The beginning and ending dates must be listed, example: For the period: July 1, xxxx through June 30, xxxx.
3. The individuals authorized to make purchases against this blanket order must be listed.
4. When applicable, the appropriate state or university bid/contract number must be shown. Note: Be certain that the bid/contract dates cover the period of the blanket order and do not expire before the ending date.

d) Standing Order Restrictions:

• No property items shall be purchased on a Standing Order.
• Special Standing Order purchases shall not be used to purchase goods or contractual services from other vendors if they are already available on State or University contracts.
• One requisition is required for each fiscal period per vendor.
• Requests for increases, decreases, cancellations, etc., of a Standing Order should be submitted to Purchasing (see the section on Change Orders).
• Standing Orders should be for a minimum period of six (6) months within the fiscal year and should be opened for a minimum of $200.00.

e) Maintenance Agreements: Purchases for maintenance agreements are similar to Standing Orders in that the service period is for an extended period of time. However, they are not considered Standing Orders under the procedures described above, because in most instances payment is made at one time. Maintenance agreements that have monthly or quarterly payments may be referred to as Blanket Maintenance Orders and are treated the same as a Standing Order for accounting purposes. Requisitions for maintenance agreements should include the following information.

• Description of item(s), model number, serial number, property decal number, and location of machine.
• Beginning and ending dates of the maintenance period.
• Advance payment requirements are to be justified by a separate attached memorandum to the requisition.
• A copy of the maintenance agreement should be attached to the requisition.
• All Purchase Orders for maintenance agreements should contain a 30-day cancellation clause.

After a Purchase Order is issued any change or cancellation must be accomplished by a Change Order. All Change Order notice requests must be submitted to the Purchasing Department.

A Change Order is used to materially alter a Purchase Order after it has been encumbered and issued to the vendor. A Change Order is required to:

• Decrease or increase purchase order quantities;
• Substitute comparable acceptable items for those on the original purchase order;
• Make any substantial changes on a purchase order that will result in a cost differential;
• Terminate the purchase order; or
• Adjust the purchase order price to conform to the vendor's invoice.

Departments may initiate requests for Change Orders in writing stating the reasons for the change(s). Signatures are required on all Change Order requests, in the same manner as the signature requirements for requisitions from which Purchase Orders are issued. A sample Change In Order is provided as Illustration 3.

Unless otherwise authorized by the bid or proposal documents, Change Orders are not valid until the vendor has accepted the terms thereon.

Change Order requests should not be submitted for the following transactions, since Finance & Accounting will automatically process payments and/or adjustments for invoiced amounts in these cases:

1. To pay freight charges up to $25.00.
2. To increase the amount if it is less than 10% or no more than $100 of the original total.

The Attorney General has ruled that deliberate attempts to split orders, or even to fail to combine orders when this logically should be done in the interest of economy, for the purpose of keeping total cost of each order below bid limits, is an evasion of the Florida bidding statutes and, therefore, unlawful.

The Purchasing Department is not authorized to make personal purchases for any individual or non-University organizations.

The rules of the Bureau of Auditing state that expenditures from state funds for items as listed below are prohibited unless "expressly" provided for by law. Grant funds can be used to purchase the following types of items only if it is provided for in the grant.

• Congratulatory telegrams
• Flowers and/or telegraphic condolences
• The presenting of plaques for outstanding service
• Entertainment for visiting dignitaries or guests
• Refreshments such as coffee, juice, soda, doughnuts or other snacks
• Decorative items (such as, globes, statutes, potted plants, picture frames, etc.)
• Alcoholic beverages

In addition, University policy prohibits the purchase with department (state administered) funds of items of the following nature or similar items:

• Christmas or other greeting cards or thank you cards and postage for such cards.
• Personal subscriptions to magazines, trade journals, etc.
• Desk pen sets; personalized or expensive office supplies
• Coffee and coffee brewing devices
• Appliances (such as, refrigerators, water coolers (dispensers) or microwave ovens)

Equipment placed on campus on a temporary trial or loan basis by a vendor must have prior approval of the Purchasing Director and the completion of Form PUR011 (Illustration 4).

Office furniture must be purchased from State Contract, or be equivalent or less in price to a comparable item on State Contract. A written justification should be provided with the requisition when a department wants to purchase office furniture not on a state contract.

Any requisition to purchase a special chair because the prospective occupant has a medical need for special seating must be accompanied by:

• Proof of excess absences because of back pain. This would include copies of leave records.
• A letter from an orthopedic surgeon, a neurosurgeon, or a neurologist that acquisition of a special chair would reduce pain and improve attendance.

The procurement of software includes a license to use as part of the purchase. This is in the form of a license agreement. This license is permission for a buyer to use the software based on various contractual terms and conditions. Requisitioners are reminded that software is never actually purchased, but rather, its use is the intended sale. Every copy of software from the manufacturer has in some form a software license agreement attached. The license can be perpetual and it can be included in the purchase price or cover a certain term with renewals at a fixed price. The agreements can vary in length and in some cases require a signature and the return of a copy to the vendor by the user to effect the agreement.

All software with a value of $1,000, or more, per unit, are considered a property purchase, and will require the appropriate accountability requirements as a capitalized property purchase if:

1. The useful life is one year or more; and,
2. It is purchased on a non time-limited license for current or future use.

Licenses that must be returned for nonpayment of the yearly fee are considered expenses because they are time limited.

The account code for software, $1,000 and over and described above is 7523. This is a property account code. Software under $1,000 and described above is purchased, as non-property, using account code 7731.

If there is a site license involved and the cost per unit of use is less than $1,000, the software will be considered non-property.

Any upgrade or license renewal to existing software, or perpetual license renewal, having a value of $1,000 or more will also be account code 7523, and will be capitalized.

Ordinarily, the University cannot pay a vendor until after the commodity or contractual services ordered has been delivered/provided. However, under the following circumstances advance payments may be possible for a commodity that is less than the $50,000 competitive solicitation threshold.

Advance payments may be made for maintenance agreements, software license agreements, subscriptions and other purchases that meet one of the following criteria:

• Advance payment will result in a savings which is at least equal to or greater than the interest which the University would earn by investing the funds and paying in arrears, or;
• Commodities or services are essential to the operation of the University and are available only if advance payment is made.

The requisitioning department must document to the satisfaction of the Purchasing Coordinator that the payment request meets one of the above criteria.

Prior approval of our Controller's Office is required for advance payments that equal or exceed $50,000. A statement indicating that the payment meets one of the criteria above must accompany requisitions. The Purchasing Department will provide documentation that the University has complied with applicable procurement requirements.

1. If the expenditure is less than $50,000, the department should prepare a Requisition to Purchase, and have it delivered to the Purchasing Department.
2. If the urgent requirement is $50,000 or more see the Section on Bidding Procedures.
3. The requisition must meet the following requirements in order to qualify for immediate processing:
   • Justification for urgency must accompany requisition.
   • There must be sufficient funds available.
   • If contracts or grants funds are being used, the expenditure must be compatible with grant terms.
   • If the acquisition meets the requirements under item 3 above, the requisition is referred to the appropriate purchasing agent for approval and is processed as follows, depending upon the applicability:
     • The requisition is entered immediately into the Banner System and the purchase order is printed shortly thereafter. The purchase order is then phoned or faxed to the vendor. This process is applicable to all funding sources.
     • The order is placed by the Purchasing Coordinator using the PCard. This process cannot be used for all types of purchases.
4. If the requisition is defective, incomplete, or does not have the required attachments, the Purchasing Coordinator contacts the department and attempts to solve the problem. If the problem cannot be resolved over the phone, the requisition may be returned to the department.

    Bidding Procedures

Formal Bids and Proposals

Policy: No purchase of commodities (including printing) or contractual services, $50,000 or more shall be made without attempting to secure formal bids unless otherwise exempted herein.

Procedures

General Information: This procedure is used for all purchases that are not exempt from bidding. The period of time required to complete this bidding procedure varies depending upon the item being bid, whether there is a pre-bid meeting, and/or advertising requirement timelines. It normally takes a minimum of four weeks for the Purchasing Department to prepare and mail out a bid, receive the responses, post for intended award and then issue a purchase order.

Public Notice: Adequate public notice of the invitation to bid shall be given sufficiently in advance of the bid opening to permit potential bidders to prepare and submit the bids in a timely manner. Notice should include, as a minimum, the mailing or delivery of the invitation to bid to a representative number of parties on any applicable bidders list. Such notice for bid may also include publication in a newspaper of general circulation, as required, prior to the bid opening. Any commodity or contractual service bid that is over $50,000 must be advertised in the Florida Administrative Weekly or on the Florida Communities Network web page. All solicitations are placed on the University Purchasing Department's web page.

Bid Opening: Bids shall be opened publicly at the time and place designated in the solicitation. The amount of each bid, if applicable, and the name of each bidder shall be recorded. The fact that a bidder does not choose or fails to seal his bid does not disqualify the bid. Vendors or anyone outside of the University will not be permitted to examine any bid/proposal document until a notice of intended award is made or ten (10) calendar days after the opening, whichever is earlier.

Withdrawal of Bids and Cancellation of Award: Withdrawal of bids which are clearly erroneous before or after award or cancellation of awards of contracts based on such bid mistakes shall be permitted if written notification of such error is received by the Director of Purchasing within ten (10) calendar days. After the bid opening no changes in bid price or other provisions of bids prejudicial to the interest of the University or fair competition shall be permitted. Any alterations or corrections appearing on bids when opened must be initiated by the vendor's representative who made the change.

Bid Evaluation: The low bidder who meets all of the specifications and requirements set forth in the Invitation to Bid shall be awarded the bid. No criteria may be used in any evaluation this is not set forth in the Invitation to Bid. Request for Proposal or Request for Negotiation are evaluated on criteria, price is but one criteria.

Receipt of Only One Bid: When only one bid is received in a call for bids it is the Purchasing Coordinator's responsibility to evaluate the response and investigate the reason only one bid was received. If, in the Purchasing Coordinator's opinion, it would not be cost-effective or render the same results if the University pursues a second call for bids, this is to be stated on a single bid affidavit and presented to the Director of Purchasing for signature. If the Director of Purchasing concurs, the award can be made based on the single bid received. If the one bid received is over budget, the Purchasing Coordinator may negotiate with the single bidder and attempt to agree on a price that is within budget.

Posting of Bid Tabulations: Bid tabulations with recommended awards will be posted for review by interested parties at the location where the bids were opened and will remain posted for a period of three business days. Failure to file a protest within the time prescribed in Section 120.57(3)(b) Florida Statutes shall constitute a waiver of proceedings under Chapter 120 Florida Statutes.

Award: The Purchase order or other notice of award shall be sent with reasonable promptness in writing to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the solicitation.

Bids vs. Proposals: At times departments may choose to request proposals instead of a bid, in situations where the specifications and/or the end result of the bid are not completely clear. Proposals differ from bids in that there is a listing of criteria with weighted averages/points that must be evaluated by a committee of three or more university employees. If weighted averages are not included in the original Request for Proposal, then those listed criteria shall be weighted equally. In proposals and in the development of the criteria price shall be listed, but does not have to be a major consideration for award. Proposals are structured similar to bids with the main difference being that a bid is awarded by price only because all of the specifications are clear and presented in the bid. A proposal may have specifications that are general in nature in order to permit the agency to choose the one responsive proposer who best meets the University's needs.

Competitive Quotations:

On total purchases that are below the formal bid level of $50,000, departments may choose to have the Purchasing Department receive competitive quotations. Competitive quotations differ from formal sealed bids in that they may be received by telephone or facsimile machine, or the Purchasing Department may choose to have the quotations mailed and opened on a specified date. Further differences from formal bids are that quotations are not protestable, there is no formal opening time, and upon review, the Purchasing Agent may choose to call for other quotations or make an award to the vendor who is not necessarily the lowest price received (provided there is adequate justification).

Purchases of commodities or contractual services of less than $50,000 shall be made in accordance with sound purchasing practices. Obtaining competitive quotes shall be done when competition is available and feasible. Written quotations must be obtained for all purchases from $10,000 up to and including $49,999. Written quotations obtained by the department and attached to the requisition may be used. Documented phone quotations or written quotations should be obtained for purchases in excess of $5,000 up to $9,999.99. Again, quotations obtained by the department may be used. Purchases up to $5,000 are left to the discretion of the Purchasing Department based on knowledge of the product and vendor availability.

Rule 6C10-6.016, Florida Administrative Code, states that purchases of commodities and contractual services priced $50,000 or more must be made on the basis of competitive bids with certain exceptions. Those exceptions and the procedure to be followed for acquisition are described in this section.

Sole Source

The purchase of a commodity and/or contractual service that is available, under the specifications required by the University, from only one vendor.

Purchases of commodities or contractual services equal to or exceeding the bid threshold available only from a single source, may be exempted from the bid requirements when the University certifies and documents that there is only one source of supply capable of meeting all specifications, terms, and conditions to the University's satisfaction. A purchase order may be issued for the non-competitive item(s) when the Sole Source Certification is approved by the appropriate Department head, and after posting it for 72 hours, in a public place, outside the Purchasing Office. A sample is shown as Illustration 5.

Sole Source Procurement: A sole source purchase is exempt from competitive bidding because it is available from only one source. A Sole Source Certification is prepared by the requesting department and signed by the Department Head and/or Program Administrator. The Sole Source Certification should explain why the product or service is available from only one source and should include:

• Description and use (in layman's terms).
• List unique features that this item or service has that other comparable items or services do not have, and why these unique features are needed. Show as clearly and concisely as possible why only this item or this service will accomplish the function required.
• Explain if the product or service is being purchased directly from the manufacturer. If not, explain why the item cannot be bid to the various dealers.
• Explain the necessity for compatibility with existing equipment or instrumentation, if applicable.

IMPORTANT NOTE: Price cannot be used as a justification for a sole source.

The requesting department will furnish, along with the requisition and a sole source certification, a current written quotation from the vendor. If the sole source is for a standing purchase order, a price list from the vendor can be used instead of a written quotation.

If the Department Head or his designee determines, in writing, that there is only one source for the required commodity or contractual service, the sole source is posted for 72 Hours (three (3) business days). A purchase order is issued when the posting period is over.

Emergency Purchases

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An emergency purchase is a purchase necessitated by a sudden unexpected turn of events (e.g., acts of God, riot, fires, floods, accidents or any circumstances or causes beyond the control of the agency in the normal conduct of its business) where the delay incident to competitive bidding would threaten the health or safety of person(s) or animal(s), the protection or continuance of a vital University function or the preservation or protection of property.

Authority for Emergency Purchases: The Director of Purchasing may make emergency purchases. A written description outlining the basis for the emergency and the selection of the particular source shall be included in the file.

Responsibility of the Requisitioning Department: The requisitioning department shall contact the Director of Purchasing immediately to notify purchasing of the emergency. If the Director deems the situation to be a genuine emergency, authorization is given to proceed with a requisition to the Purchasing Department and must attach a complete justification for the emergency purchase.

Responsibility of the Purchasing Department: The Purchasing Department, after determining that a genuine emergency exists, prepares the certification, based on information provided by the department, for the signature of the President or his designee.

Sponsored Research Exemption

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Sponsored research exemptions may be given by the Office of Research and Sponsored Programs to waive the bid or proposal procedure when a particular type of equipment or contractual service is unique to the research project.

Contracts and Negotiated Annual Price Agreements

Purchases from competitively solicited contracts and negotiated annual price agreements established by other governmental entities are not subject to further competitive solicitation.

Purchase where only one bid is received in response to a bid invitation or proposal request.

Conferences, workshops, programs or events that are offered to the general public for which fees have been collected to pay all associated expenses.

Regulated public communications, except long distance telecommunication services or facilities.

Regulated utilities and government franchised services.

Contractual service is defined as the rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent contractors. "Contractual service" does not include labor or materials or selection of professional services for the construction, renovation, repair or demolition of facilities entered into pursuant to Chapter 255, Florida Statutes.

Purchases of contractual services require a purchase order or two-party contract. The following provisions apply:

• Invoices submitted in detail sufficient for audit review;
• Invoices for any travel resulting from the contractual agreement submitted in accordance with rates not to exceed the amounts prescribed in Section 112.061, Florida Statutes;
• The contract shall be subject to unilateral cancellation by the University for refusal by the contractor to allow public access to all documents associated with the contract that are subject to the provisions of Chapter 119, Florida Statutes;
• Units of deliverables must be specified in the contract which shall include reports, findings, drafts, etc., that are to be received prior to payment;
• The date for substantial (if applicable) and final completion of contract; and
• A renewal clause if the bid specifications for acquisitions contained this provision. The agreement may include price revisions if provided for in the original bid or request for proposal. Renewals shall be on a yearly basis, subject to the availability of funds and satisfactory performance by the contractor. Renewals shall not exceed two years after the initial contract.
• One 6-month extension may be exercised, if required.

All purchases of contractual services costing $50,000 or more are subject to bid requirements unless they are available from only one source in accordance with the Sole Source procedures outlined in a previous section of this manual, or are otherwise exempt from bidding in accordance with Rule 6C10-6.016(5), Florida Administrative Code. Exempted contractual service categories include but are not limited to: artistic services, academic reviews, lectures, auditing and accounting services, legal services, expert witnesses, appraisal services, health services, training and education services, advertising. A requisition shall be completed and executed by the department and/or the Purchasing Department, prior to the rendering of any service by the contractor. If not, a Late Justification must be completed, signed by the department, and submitted with the requisition (Illustration 6).

The Purchasing Department will issue a purchase order encumbering the funds and incorporating the contract, if needed. The Contract For Services form (Exhibit 3) is explained in detail in the following section.

Independent contractor versus employee-employer relationships:

When an individual or a business entity performs a service for the University a distinction must be made as to whether the individual or business entity is an independent contractor or an employee-employer relationship exists. All payments for personal services of individuals and business entities represent taxable compensation to the recipient. If an employer-employee relationship exists, the compensation is considered wages and is subject to withholding tax and applicable FICA contributions. Wages are delivered through the payroll process. If no employee-employer relationship exists, the recipient is considered an independent contractor and receives payment by means of a requisition followed by a purchase order.

The factor that distinguishes a contractual service from an employee-employer relationship is the degree of control exercised over the individual performing the service. IRS regulations generally provide that an employee-employer relationship exists when the University has the right to control and direct the individual performing the service, not only as to the results to be accomplished by the work but also the details and means by which the result is accomplished.

All individuals using their social security number and performing contractual services must complete and sign the Independent Contractor/Professional Services Worksheet (Exhibit 4). This worksheet is required to be completed once per vendor (unless Non-Resident Alien status is checked) and clarifies the tax status of the individual for IRS and INS reporting.

Non-Resident Foreign Aliens (NRA's):

Special immigration and tax regulations apply to payments made to non-resident alien individuals for contractual services performed in the United States. These are some times referred to as individuals that do not have a "green card". Departments who requisition contractual services involving NRA's must have them complete the Independent Contractor/Professional Services Worksheet (Exhibit 4) and the Foreign National Information Form (Exhibit 4a). The visa type and whether a treaty exists between the U.S. and the NRA's home country will determine what payment, if any, can be paid and if the payment is subject to 30% withholding pursuant to IRS s.1441 (a). For example, some NRA's are only allowed reimbursement for expenses but not a fee for services. There required documentation from the NRA is listed in the Foreign National Information Form referenced above.

W-9 Request for Taxpayer Identification Number and Certification:
The University has the responsibility to issue a 1099 to all vendors at the end of each year. Completion of the W-9 is necessary to verify the vendor's name, address, and tax identification number in compliance with IRS requirements. All vendors must complete a W-9 form before they will be entered into the Banner system. (Exhibit 5).

1. Contract For Services

   General: Contractual services are charged to the Account Code 7100 Series (non-payroll services) and shall be requested in advance. The Contract for Services form will be completed as needed but is not monetarily required at any level (Exhibit 3). The contract is to be used for the acquisition of contractual services whether or not a commodity is involved. All contractual service must be requested in advance of the start of work. Examples of such services without a commodity are as follows: consultants, honorariums, lecturers, models, professional services (physicians, architects, engineers, attorneys, court reporters, etc.). Examples of service and a deliverable commodity are keypunch services, transcribing, and preparation of camera-ready proofs for printing.

   Casual labor, e.g., temporary employment services (clerical duties, janitors, artisan services, etc.), should be examined as to duration with the possibility that they may be hired through Human Resources as OPS temporary positions.

   Preparation and Submission: The department may complete the form and forward to the President or his designee or to Purchasing for signature. Or, the department can provide the details to the Purchasing Department and we will prepare two original Contracts for Service forms, sign them and forward to the vendor for signature. Upon receipt of fully executed original a copy will be forwarded to Finance & Accounting and Purchasing will retain the original in a master file until the completion date. The requisition will be processed upon the receipt of the executed contract as well.

   Partial Payments: In the event partial payments are involved, a completed copy of the contract must be submitted with the payment schedule indicated in the Payment section.

   Final Payments: After the work has been completed, the department shall secure the contractor's and the authorized official's signatures on an approved invoice indicating that the service has been complete that shall be sent to Finance and Accounting for payment processing. An invoice from the contractor must be attached to secure payment. Any questions concerning payments should be referred to Finance & Accounting.

   Bidding and Sole Source Approval: Since the Contract for Services agreement form may be used for payment of various types of contractual services which require bidding or sole source approval, if amounting to $50,000 or more, the contract cannot be fully executed until the appropriate bid process or sole source documentation has taken place. In these cases, the contract form should be forwarded to purchasing with the necessary documentation for bidding or with a sole source certification to be approved prior to final execution.

   Limitations of Use: The Contract for Services agreement form is not to be used for adjunct professors of long-term services or casual labor which tend to establish an employer-employee relationship between the University and the Contractor. These types of employment should be paid through Human Resources.

2. Attorney Services Contract (Exhibit 6 and 6a)

   All of the terms and conditions, excepting the time limit, for preparation, is the same as for the Contract for Services agreement listed above. An additional supplement is also included to secure information regarding the legal services, time and costs.

3. Contract Changes/Amendments: Change Orders to the original contracts are to be made using another form entitled "Amendment To Contract" (Exhibit 7), effecting changes to the original agreement. Desired changes are to be made in the appropriate spaces within the form. Required signatures are necessary before the change is valid. This procedure also applies to cancellation of contracts. The original amendment will be retained by the Purchasing Department with a copy provided to Finance & Accounting. A Change Order may need to be submitted as well.

The University may acquire any commodity that is available on State Contract issued by the Division of Purchasing of the Department of Management Services (http://www.state.fl.us/fcn/centers/purchase/index/html). A link to these contracts can be found on the Purchasing Department web page (http://admin.fgcu.edu/purchasing/contracts.html). Information about state contracts is also available by contacting the Purchasing Department.

State Purchasing Agreements (formerly SNAPS II) are established by the Division of Purchasing of the Department of Management Services for use by state agencies except that purchases are limited to $25,000 per purchase order and $150,000 total per fiscal year per vendor.

The University may participate in, sponsor, conduct or administer cooperative purchasing agreements for the procurement of any commodity, service or construction with one or more Universities in the State University System. Such cooperative purchasing may include, but not be limited to, joint or multi-party contract which are made available to other State Agencies.

All purchases from PRIDE, with the exception of printing, are exempt from bidding. Information about commodities and services available from RESPECT is available by contacting the Purchasing Department.

Purchases by the University from RESPECT are exempt from the competitive bid requirement. Information about commodities and services available from RESPECT is available by contacting the Purchasing Department.

General: Purchase orders or contracts exceeding $1,000,000 require approval by the President or designee.

1. Any lease of equipment over $50,000 must be competitively bid according to the regulations described herein.

2. Florida Gulf Coast University may not enter into a lease or lease/purchase agreement, the terms of which exceed one year, unless the agreement contains the following stipulation: “...subject to the availability of funds”.

3. Leases of equipment which contain no provisions for purchase must include provisions for a cancellation clause of thirty, sixty, ninety, or “x” number of days, whichever is determined to be in the best interest of the University.

4. Requests to lease equipment are initiated by a purchase requisition, which is forwarded to the Purchasing Department. Leases of equipment are generally of three types.

a) Lease with no provisions for purchase

This is considered to be an operating expense. Such leases must contain provision for cancellation in thirty, sixty, ninety, or “x” number of days, whichever is determined to be in the best interest of the University.

b) Lease with purchase option credits:

Such a plan provides for a percentage of monthly lease payments to be applied toward purchase in the event the option to purchase is exercised. Lease payments are made from operating expense funds and normally include maintenance. If the option to purchase is exercised, the amount determined to be the purchase price, according to the terms of the agreement, must come from Operating Capital Outlay funds. The lease agreement must contain a stipulation “...subject to the availability of funds”.

c) Installment Sales Contracts (No leasing provisions included)

An installment sales contract provides for the passing of title and ownership to the University upon installation. The acquisition is made over a period of time, such as 48 months, by monthly payments.

Installment Sales Contracts require the use of Operating Capital Outlay funds. Maintenance is extra and, if required, is provided for by the issuance of a separate purchase order. The Installment Sales Contract must contain a stipulation "…subject to the availability of funds." A copy of all back-up documents, as well as a copy of the purchase order must be forwarded to Property Accounting.

5. All lease and lease purchase requests must include with the requisition the following: copy of the lease agreement stating terms, conditions, cost, and dates for lease. Lease agreements require Purchasing’s signature.

Lease/Lease purchase requests in excess of $50,000 must include requirements of 1-3 (stated above) as well as specifications for bid or bid exemptions, i.e. Sole Source, Sponsored Research, etc.

All installment purchase requests must include a requisition, quotation or agreement with terms, amortization schedule, explanation for installments in lieu of outright purchase, and certification that funds will be available in future years.

Purchase must comply with rules concerning quotes, bidding and bid exemptions.

Interest paid on an installment contract is considered a commodity and must comply with rules concerning quotes, bidding and bid exemptions.

The State Controller’s Office has a financing program available called the consolidated equipment financing program (CEFP). Installment sales must have prior approval from the State Comptroller to determine if purchase is eligible for the program.

State policy prohibits the use of state administered funds for food products, room rental, entertainment, or similar items, with the following exceptions:

• The product is used directly in teaching or research; not for human consumption.
• The expenditure is specifically provided for in terms of a contract, grant or donation. Terms of the award specifically provide for conference/meetings in performance of project. The inclusion of these conference/meetings must however, comply with regular travel reimbursement procedures for per diem pursuant to Florida Statute 112.061.
• Should the contract, grant or teaching seminar require such items, the requisition for them should adequately reflect the reason for the purchase. Any supporting documentation, such as a copy of a page from the contract or grant, should be attached to the requisition.

Definition: This type of purchase is one that is completed prior to a purchase order being issued. It also covers contractual services where the service has begun prior to a contract being executed by both parties.

A confirming purchase order may be accomplished by bringing a requisition to the Purchasing Department, obtaining a purchase order number after review by the purchasing agent, and either calling or faxing the vendor. The Purchasing Department will note on the purchase order that this is a confirming order of a previously placed request. The other type of confirming order is one where a department calls or visits a vendor in person, receives the goods or contractual services and fails to either have a contract or purchase order in place prior to the purchase. In this instance the contractual service is completed and a written justification (Illustration 6) must be provided to the Purchasing Department explaining the reasons why a purchase order was not in place prior to requesting the goods or contractual services and what steps the department will take to ensure that this procedure will not continue.

Responsibility of Department Receiving the Shipment: The Purchasing Department should be notified immediately if there is evidence of loss or damage in shipment of commodities being received against a purchase order. It is the responsibility of the department receiving the shipment to note on the Bill of Lading the identification of the damaged and extent of the damage. If the carton is damaged and the extent of the damage to the contents is unknown, this fact should be written on the Bill of Lading. A copy of the Bill of Lading, the purchase order number, the carrier's name, and date of receipt must be sent immediately to the Purchasing Department.

Concealed Damage: The cartons containing the shipment should be opened as soon as possible in order to detect any concealed damage. ICC regulations require that concealed damage to be reported within fifteen days. The damaged items should be held at the point where received, if possible. The containers and all inner packing materials must also be retained until seen by the carrier's inspector.

Purchasing Department Responsibilities: If the shipment was F.O.B. Destination, the Purchasing Department notifies both the vendor and the carrier of the damage. The Purchasing Department will assist the vendor by asking the carrier to make an inspection report. When the carrier makes the inspection report, a copy is sent to the vendor. The Purchasing Department request an immediate replacement of the damaged item and also asks for disposition instructions for the damaged goods.

If the shipment was F.O.B. Shipping Point, the title to the shipment passed to the University when it was placed on the carrier's conveyance (truck, plane, rail car, etc.). Therefore, the damage claim is made directly to the carrier by the Purchasing Department instead of to the vendor. The Purchasing Department must arrange for the carrier to inspect the damage and the claim is made with the carrier for repair or replacement of the goods. The vendor's invoice is approved for payment even though the material was received in a damaged condition. The carrier then replaces or repairs the damaged items or reimburses the University for the value of the items.

In accordance with Chapters 119.01 and 119.011 of the Florida Statutes, public funds shall not be used for dues to any association, group or organization the records of which are not open for inspection to any citizen of Florida. Requests for payment of organizational dues must be accomplished by completion of the Open Records Certification signed by an authorized representative of the organization, stating that their records are open for inspection by any citizen of the State of Florida with regards to our membership.

Pursuant to Section 216.345, Florida Statutes, public funds may be expended for the purpose of paying professional and/or organizational membership dues upon departmental approval, provided that the membership is essential to the statutory duties and responsibilities of the state agency. A statement explaining the benefit of membership in the organization to FGCU must be included with the membership application.

Payment of individual membership dues may be paid from State funds when it has been certified by the professional or other organization that it does not accept institutional memberships. This must be in writing from the organization itself. It is the responsibility of the department to obtain this from the organization.

Payment of membership dues shall not be paid for maintenance of an individual's professional or trade status. Unless specifically authorized by law, the following items related to professional and occupational items will not be paid:

• Florida or other Bar dues
• Professional license fees
• Occupational license fees
• Driver license fees
• Other fees for licenses required for an individual to perform his official duties
• Tuition for fees designed to help an individual pass the examination for any of the above licenses, unless the training is directly related to the person's current official duties
• Tuition or fees for continuing education classes for the sole purpose of maintaining any of the above licenses
• Examination fees for professional, occupational or other licenses required for a person to perform his or her official duties
  

Chapter 442, Florida Statutes, requires that all order for toxic substances contain a statement for the supplier to furnish the material safety data sheet (MSDS) with each shipment of toxic materials. The Purchasing Department shall include this statement on all purchase orders and require the vendor to provide the MSDS sheets. Environmental Health and Safety shall be responsible for maintaining the MSDS sheets and conducting training on the use of toxic chemicals as prescribed by Chapter 442, Florida Statutes.

Updated July 2003