MUS Procurement Delegation Agreement
January 1st, 2020 through December 31, 2021
This Agreement is made and entered into between the Montana University System, Office of the Commissioner of Higher Education (MUS-OCHE) and Montana State University (MSU). Brian O'Connor, Chief Procurement Officer represents MUS-OCHE, and Brian O'Connor, Director of Procurement represents MSU.
For purposes of this agreement, Montana State University encompasses the flagship campus located in Bozeman, MT and three affiliate campuses: Montana State University-Billings, Great Falls College-MSU, and Montana State University-Northern.
"University Compliance Review": An Agency conducted review of University compliance with this Agreement as further described in Section 18.
"University Procurement Officer (UPO)": The designated person listed in this Agreement who is responsible for ensuring compliance with this Agreement. The UPO responsibilities are described in Attachment A.
"University Procurement Staff": Any university employee authorized to procure goods and services under the Montana Procurement Act (Title 18, Chapter 4, MCA) in excess of $5,000.
"Montana Acquisition and Contracting System (eMACS)": The State of Montana's enterprise eProcurement system. eMACS is accessed through the ePass Montana Dashboard. Training for eMACS is available through the Division.
"Satisfactory Performance History": University compliance with delegated procurement authority as measured (i) during an agency compliance review and (ii) Division review of Agency reports required under Section 13.
"Suspension": A prohibition preventing the University from procuring any goods and services under the Montana Procurement Act until Agency and/or Division required corrective measures have been met.
"Total Contract Value": The entire potential monetary worth of the project from beginning to completion, including the initial contract period and any options to renew.
2.0 Agency Authority
The State Financial Services Division, Department of Administration (DIVISION) has entered into a procurement delegation agreement with MUS-OCHE (AGENCY). This agreement authorizes the agency to procure or supervise the procurement of all supplies and services needed by the State of Montana under section 18-4-221, MCA, with certain exceptions. See section 18-4-132, MCA. This purchasing authority agreement applies to the expenditure of public funds irrespective of their source and includes supplies or services that are of no cost to the State and from which income may be derived by the vendor and from which income or a more advantageous business position may be derived by the State.
3.0 Grant of Authority/Term
3.1 Delegation Criteria
The Agency delegates procurement authority to the University, based on a determination that University has: (a) a satisfactory performance history exercising similar authority, and (b) employees trained in procurement policies and procedures.
3.2 University Delegation
Based on University's satisfactory performance history, the Agency grants University delegation purchasing authority effective January 1, 2020 through December 31, 2021, unless terminated earlier under the terms stated in Section 18.
4.0 Further Delegation Authority
The University may further delegate this procurement authority within the University as it deems appropriate provided: (a) at least one employee from the program granted procurement authority meets the training requirements under Section 7.2.2; (b) these University employees are capable of exercising authority under Title 18, chapter 4, MCA, ARM Title 2, chapter 5, and the policies established by the Division in the Montana Operations Manual; and (c) all procurements are conducted consistent with this delegation of procurement authority. Further delegation must be documented in writing either in a University sub-delegation agreement or in the University procurement policy.
5.0 Purchases Exempt from Delegation Authority and Competitive Procedures
Under 18-4-132, MCA and ARM 2.5.301, delegation and competitive procedures are not necessary for the following purchases:
- either grants or contracts between the State and its political subdivisions or other governments;
- construction contracts;
- contracts entered into by the Montana State Lottery that have an aggregate value of less than $250,000;
- Contracts entered into by the State Compensation Insurance Fund to procure insurance-related services;
- employment of:
- a registered professional engineer, surveyor, real estate appraiser, or registered architect;
- a physician, dentist, pharmacist, or other medical, dental or health care provider;
- an expert witness hired for use in litigation, a hearings officer hired in rulemaking and contested case proceedings under the Montana Administrative Procedure Act, or an attorney as specified by executive order of the governor;
- consulting actuaries;
- a private consultant employed by the Montana State Lottery;
- a private investigator licensed by any jurisdiction;
- a claims adjuster;
- a court reported appointed as an independent contractor;
- the purchase or commission of art for a museum or public display;
- Montana-produced food products, under 18-4-132(4), MCA;
- contracting under 47-1-216, MCA, of the Montana Public Defender Act;
- contracting under Title 90, chapter 4, part 11, MCA;
- contracting under Title 90, chapter 14, part 1, when the total contract value is $12,501 or less;
- travel and per diem;
- retirement and social security payments;
- landfill charges;
- supplies or services whose prices are regulated byu the Public Services Commission or other governmental authority;
- pastoral services;
- conference rental space and catering;
- fresh fruits and vegetables;
- fees for placing an advertisement in a publication or on radio, television, or electronic media sources;
- educational instructors and guidance counselors for inmates under the supervision of the Department of Corrections; and
- books and periodicals.