ESU Procurement Policy Overview
The procurement of supplies, services and construction by East Stroudsburg University will conform to the provisions and statutory limitations as outlined in the Commonwealth Procurement Code (Act 57 of 1998) as well as to implementing procedures adopted by the Board of Governors of the State System of Higher Education including Policy 1998-04, 1983-02-A and 1990-04-A.
It is the policy of East Stroudsburg University to follow prudent business practices in its purchasing and contracting activities which maximize the value of supplies and services received in return for dollars expended.
Institutional purchasing procedures are designed to focus centralized procurement efforts of the Purchasing Department in areas where the greatest gain may be achieved in terms of cost and quality, while utilizing decentralized procurement for smaller dollar items.
Purchasing practices also recognize that the benefits of procurement at the lowest possible cost should always be weighed against other factors such as useful life, functionality, associated hidden costs, and the time sensitivity of certain procurement needs.
Overview of Key Procurement Forms and Practices
The following information is provided to inform current and prospective suppliers of procurement practices at East Stroudsburg University.
The following list of topics is not comprehensive so please contact the procurement and contracting office is you have any specific questions or concerns not addressed below:
Methods of Procurement
Blanket Purchase Orders: Issued for multiple purchases from one vendor throughout the fiscal year. Vendor should invoice each time an order is placed against this blanket order and reference the Blanket Purchase Order Number on all invoices.
Blue Back Contracts: Used for more complicated procurements with complicated transactions (food service, bus transportation). Blue Back Contacts are signed by the vendor, University, legal counsel, Office of the Attorney General and Office of General Counsel based on the dollar amount of the contract.
Construction Contracts: Used for construction projects (i.e. new construction, renovations and improvements to buildings). Construction Contacts are signed by the contractor, University, legal counsel, Office of the Attorney General and Office of General Counsel based on the dollar amount of the contract.
Procurement Card: University credit card provided to employees based on their need to purchase business-related goods. Please be advised that it is the University's policy to purchase either on the basis of a written purchase order or an East Stroudsburg University credit card.
Service Purchase Contract: Used for straight forward purchases of services (i.e. consultants, performers, piano tuners). Service Purchase Contracts are signed by the vendor, University and legal counsel based on the dollar amount of the contract.
Standard Purchase Orders: This is the basic purchasing document for procurement of supplies and equipment for a one time purchase.
The above methods are the only authorized methods of purchase for the University.
- If you provide goods or services based on an unauthorized request, the University cannot guarantee payment of the resulting invoice.
- If you have any questions concerning the validity of a request for purchase from your business, please contact the Procurement and Contracting Office at 570 422-3206.
- Please know that the Procurement and Contracting Office is available to answer your questions.
East Stroudsburg University policy for bids is multi-tiered:
Purchases of $19,400 (the anually determined competetive bid threshold)or less do not require competitive bidding.
However, the following prudent business practices are established in order to promote maximum utilization of fiscal resources:
- For goods and services of $1,500 or less. For goods and service of $1,500 or less, competitive bids will not generally be solicited by the Purchasing Department. For procurement needs at this level, University departments are encouraged to solicit quotations, take advantage of volume discounts, and use other techniques to obtain the lowest possible prices in relation to the value received.
- For goods and services between $1,500 and $19,400, informal quotations will be solicited when in the judgment of the Purchasing Department based on historical experience; the potential for appreciable cost savings exists. This process may include obtaining telephone quotes, fax quotes, Internet or other electronic pricing, etc., and quotes obtained by using departments may be utilized by the Purchasing Department. The Purchasing Department will work with using departments in determining the most appropriate procurement approach based on individual circumstances.
- Purchasing Procedures for Supplies and Services of $19,401 or greater. Pursuant to Act 188 and Board of Governors Policy 1983-02-A, all University purchases greater than $19,400 must be publicly advertised and competitively bid under institutionally established business practices. Such competitive bidding will be undertaken centrally by the Purchasing Department and documented appropriately for audit purposes. Supplies and services over $10,000 may be bid on a straight cost basis and awarded to the lowest responsible bidder. Alternatively, certain services may be bid using a more elaborate evaluative process, such as a Request for Proposal (RFP), which incorporates both cost and other technical criteria. Departments should contact the Purchasing Department to discuss whether an RFP would be the appropriate method to use for their needs.
Exceptions to competitive bidding requirements are authorized for items available from:
- The Commonwealth warehouse
- Items on state (DGS) or PASSHE contract
- Items available from agencies for persons with disabilities (such as Pennsylvania Industries for Blind and Handicapped)
- Certain items specified under grant or restricted gift provisions, and;
- Items procured under the sole source and emergency provisions of the Commonwealth Procurement Code.
Exceptions to competitive bidding requirements may also be authorized for emergency facilities project contracts when a threat exists to public health, welfare or safety and the urgency does not permit the delay involved in using more formal competitive methods.
A written determination of the basis for the emergency and for the selection of the particular contractor will be included in the contract file.
Public Notice for Competitive Bids
All procurements greater than $19,400 (except emergency procurements or other authorized exceptions) must be advertised publicly.
The contracting officer will determine the method of source selection and public notice to be given for each procurement to ensure competition that should produce the least cost for the procurement, using any or all of the methods outlined in Section 512 of the Commonwealth Procurement Code, except that a general notice must be given in addition to issuance of invitation for bids to bidders on a solicitation mailing list, or when utilizing the pre-qualification method.
The Contracting officer will consider the principles of responsiveness, accountability, fairness, and openness in determining the type of public notice given for each procurement.
The University's standard payment terms are Net 30 days.
East Stroudsburg University of Pennsylvania is exempt from Pennsylvania Sales Tax. If a vendor requires proof of the University's tax exempt status, please contact the East Stroudsburg University Procurement and Contracting Department.
East Stroudsburg University is exempt from all excise taxes imposed by the Internal Revenue Service.
Invoicing the University
All invoices must be sent to:
East Stroudsburg University
The Purchase Order number must be shown on all invoices, packages, delivery slips and correspondence.
Accounts Payable Office
200 Prospect Street
East Stroudsburg, PA 18301-2999
The name of the shipper and pertinent shipping information should be identified on all shipments.
Shipping to the University
All transportation charges must be prepaid unless special arrangements are made in advance.
Purchase orders will show the specific campus department and street address where deliveries must be made. Otherwise, the Store Room location may be found at:
Facilities Management Complex
200 Prospect Street
East Stroudsburg, PA 18301
Please note: All packing lists must reference the East Stroudsburg University Purchase Order Number so that purchase order and packing list may be traced to your invoice.
Assignment of Antitrust Claims
Vendors and East Stroudsburg University recognize that in actual economic practice, overcharges by vendor's suppliers resulting from violations of state or federal antitrust laws are in fact borne by East Stroudsburg University.
As part of the consideration for the award or this contract, and intending to be legally bound, vendor assigns to East Stroudsburg University all right, title and interest in and to any claims vendor now has or may hereafter acquire under state or federal antitrust laws relating to the goods or services which are subject of this contract.
Equal Opportunity Employer
East Stroudsburg University, an equal opportunity employer, is committed to a policy of affirmative action.
During the terms of the contract, Contractor agrees as follows:
- Contractor shall not discriminate against any employee, applicant for employment, independent contractor, or any other person because of race, color, religious creed, ancestry, national origin, age, sex or handicap. Contractor shall take affirmative action to insure that applicants are employed, and that employees or agents are treated during employment, without regard to their race, color, religious creed, ancestry, national origin, age, sex or handicap. Such affirmative action shall include, but is not limited to: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. Contractor shall post in conspicuous places, available to employees, agents, applicants for employment and other persons, a notice to be provided by the contracting agency setting forth the provision of this nondiscrimination clause.
- Contractor shall, in advertisements or requests for employment placed by it or on its behalf, state that all qualified applications will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age, sex or handicap.
- Contractor shall send each labor union or worker's representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or worker's representative of its commitment to this nondiscrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by Contractor.
- It shall be no defense to a finding of non-compliance with this nondiscrimination clause that Contractor had delegated some of its employment practices to any union, training program, or other source of recruitment which prevents it from meeting its obligations. However, if the evidence indicates that the Contractor was not on notice of the third-party discrimination or made a good faith effort to correct it such factor shall be considered in mitigation in determining appropriate sanctions.
- Where the practices of a union or any training program or other source of recruitment will result in the exclusion of minority group persons, so that Contractor will be unable to meet its obligations under this nondiscrimination clause. Contractor shall then employ and fill vacancies through other nondiscriminatory employment procedures.
- Contractor shall comply with all state and federal laws prohibiting discrimination in hiring or employment opportunities. In the event of Contractor's noncompliance with the nondiscrimination clause of this contract or with any such laws, this contract may be terminated or suspended, in whole or in part, and Contractor may be declared temporarily ineligible for further East Stroudsburg University contracts, and other sanctions may be imposed and remedies invoked.
- Contractor shall furnish all necessary employment documents and records to, and permit access to its books, records, and accounts by East Stroudsburg University and the Pennsylvania Office of Administration, Bureau of Affirmative Action, for purposes of investigation to ascertain compliance with the provisions of this clause. If Contractor does not possess documents or records reflecting the necessary information requested, it shall further furnish such information on reporting forms supplied by the contracting agency or the Bureau of Affirmative Action.
- Contractor shall actively recruit minority subcontractors or subcontractors with substantial minority representation among their employees.
- Contractor shall include the provisions of this nondiscrimination clause in every subcontract so that such provisions will be binding upon each Subcontractor.
- Contractor obligations under this clause are limited to the Contractor's facilities within Pennsylvania or, where the contract is for purchase of goods manufactured outside of Pennsylvania, the facilities at which such goods are actually produced.