Procurement Policies and Procedures

• Advance Notification of Needs

  Departments should anticipate their needs sufficiently in advance so as to allow Procurement Services the necessary time, after receiving a purchase requisition, to employ the appropriate procurement method. While it is the responsibility of the Department to plan accordingly, Procurement Services will make every effort to meet the needs of the departments.

• Change Order

  Policy:

  Change orders are used to make specific changes to purchase orders.  Change Orders will be processed for purchase order cancellations and purchase order closings.  The process will be initiated by filling out the change order form in BuyWays.  The form will then be routed to Procurement for processing.  The change will be done in BuyWays and Peoplesoft in order to change or delete remaining purchase order encumbrances.  Changes requiring additional funding to an existing purchase order should be handled with a new purchase order to the vendor for additional amounts.  If adding funding to an existing sole source purchase order, the new order must be entered using a sole source form regardless of dollar value.

  • Purchase Order Cancellations or Line Cancellations - to be done when a department no longer wishes to receive the goods or services listed on the purchase order. The vendor will receive the revised purchase order.
  • Purchase Order Closings - to be done when all goods or services listed on the purchase order are received or complete.

  Procedure:

  Change orders are used to make specific changes to purchase orders.  Change Orders will be processed for purchase order cancellations and purchase order closings. The process will be initiated by filling out the Change Order form in BuyWays. The form will then be routed to Procurement for processing.  The change will be done in BuyWays and Peoplesoft in order to change or delete remaining purchase order encumbrances.

  Purchase Order Cancellations or Line Cancellations

  1. Enter Supplier, PO Number and Type of Change on form.
  2. In the justification, please enter the comment "entire order needs to be canceled" or "Line X needs to be canceled".  Also include the reason for the cancellation.
  3. Submit

  Purchase Order Closings

  1. Enter Supplier, PO Number and Type of Change on form.
  2. In the justification, please enter the comment "Order paid in full. Relieve any remaining encumbrance."
  3. Submit

  Other Changes

  Chartfield Changes

  Any changes to chartfields must be done by the department after payment is made by processing a journal correction.

  Vendor Changes

  1. Copy existing purchase order to a new cart and choose the new supplier.
  2. In the internal notes for the new cart, enter a comment that says "This purchase order replaces original purchase order CU0000XXXX due to vendor change".
  3. The new requisition will then route through the approvals and completed PO will go to the new vendor.
  4. A change order must be done to cancel the original order.

  Amount/Quantity Increases

  1. Enter a new requisition in BuyWays for only the increase.
  2. In the Notes To All Suppliers, please enter the comment "This purchase order is an addition to purchase order CU0000XXXX".
  3. The new requisition will then route through the approvals and completed PO will go to the vendor.

  Amount/Quantity Decreases

  1. Pay the invoice for the lesser amount.
  2. Send a change order to close the purchase order. This will relieve the remaining encumbrance back to the chartfield entered on the purchase order.

  Amount/Quantity Increases on Sole Source Purchase Orders

  1. Enter a new requisition in BuyWays for only the increase using the Sole Source form.
  2. In the Notes To All Suppliers, please enter the comment "This purchase order is an addition to purchase order CU0000XXXX".
  3. The new requisition will then route through the approvals and completed PO will go to the vendor.
  4. You MUST use a Sole Source from to ensure State reporting requirements on sole source purchases will be met.
• Continuing Education

  We will provide continuing education as our budget allows so that Procurement Services employees can stay abreast of current purchasing procedures and product information. Online training for the buyWays system is always available from the buyWays homepage. Users should review information available there whenever they have a question on buyWays.

• Construction

  State construction contracts shall be awarded in accordance with the South Carolina Consolidated Procurement Code, Section 11-35-3010, Section 11-35-3020, and Sections 11-35-3030 through 11-35-3040 and Regulation 19-445.2145. Also, the State definitions are used as a guideline to accurately disclose permanent improvements in the budgetary projections and expenditures for both internal and external reporting purposes.
  
  The Chief Business Officer is responsible for assuring compliance of all construction procurement methods utilizing the guidelines as stated herein.
  
  Four Types of Construction Procurements

  • Construction – This can be a single or multi-purpose construction contract. Bid documents shall be prepared by the agency or its professional agent. Bids shall be received and awarded per Section 11-35-3020(2) of the Code.
  • Basic Equipment (Fixed) – This is any equipment that becomes a fixed part of the building. The equipment may be that which could have been included in the contract, or it may be equipment either agency furnished, contractor installed, or agency furnished, agency installed. Fixed equipment includes, but is not limited to, manufactured equipment such as boilers, chillers, pumps, switch gear, windows, cabinet work, laboratory furniture, and kitchen equipment. This also includes site improvements such as water, sewer, storm drainage lines, pavement, sidewalks, landscaping and lighting. Bid documents should be prepared by the agency or its professional agent. Bids shall be received and awarded by the agency per Section 11-35-3020(2) of the Code. Except, basic equipment (fixed) that is specifically identified as information technology procurements, then the information technology procurement manager must make those procurements per Section 11-35-1580 of the Code.
  • Basic Equipment (Moveable) – This is any equipment that does not become a permanent part of the building but is included in the construction contract. The equipment should have a useful life of five years or more and a minimum dollar limit as established by the agency per appropriate guidelines. Moveable equipment includes such items as office furniture, office equipment, rugs, drapes, hospital bedroom furniture, and classroom furniture. Bid documents should be prepared by the agency or its professional agent. If the estimated cost of the bid package is more than the amount of certification limits assigned the agency for goods and services, then bids will be received by the Materials Management Office in cooperation with the agency. The agency may review all bids and make recommendations of award. The Materials Management Office will make the award. Except, basic equipment (moveable) that is specifically identified as information technology procurements, then the information technology procurement manager must make the procurement per Section 11-35-1580 of the Code.
  • Construction Material for In-house Construction – This is standard stock building materials or manufactured items such as brick, lumber, metal studs, gypsum board, stock electrical items, pipe, pipe fittings and valves. Following project approval by the state engineer, requisitions are forwarded to Procurement Services for processing in compliance with the Code. Bids are received and awarded per Section 11-35-3020(2) of the Code.
• Departmental Purchases from Bookstore

  The Clemson University Book Store has been privatized and is now operated by a private contractor. Any procurements from the book store must be in compliance with the South Carolina Consolidated Procurement Code and Clemson University procurement procedures. Orders less than $2,500 may be processed on a direct purchase voucher as long as the price is fair and reasonable and the item is not on state contract. Orders exceeding $2,500 should be processed on a purchase requisition and bids solicited.

• Departmental Purchases from Campus Apple Store

  Departmental purchases from the on-campus Apple Store must be paid for using a p-card. If p-card limits do not allow, a non-catalog form in buyWays is the alternate method to place a purchase. Personal Reimbursements are NOT authorized.

• Departmental Purchases of Office Supplies

  The State of South Carolina has established a contract for desktop delivery of office supplies. Office furniture is not included in this contract. Orders may be processed on a Direct Purchase Voucher with the contract number annotated on the voucher, or via a procurement card.

• Direct Purchase Voucher Procedures

  Policy

  Direct Purchase Vouchers can be prepared for procurements of all supplies and services costing no more than $2,500, unless an appropriate exemption to the Procurement Code is used and documented, and for travel reimbursements to employees. The use of a Procurement Card for payments to vendors is the preferred method of payment, but in cases where the Procurement Card is not feasible, the DPV will be used. Department Heads may delegate approval to spend University funds using DPVs in accordance with the Disbursement Policy. People entering and approving DPVs in the system will be trained and annually certified by Procurement Services. The approval for payment by the authorized end user (person receiving the goods or services) and the certified DPV approver are the only approvals required for payments of DPVs. Departments will establish internal processes, procedures, or forms to comply with and maintain these approvals.

  Procedure

  Direct Purchase Vouchers can be prepared for procurements of all supplies and services costing no more than $2,500 and for travel reimbursements to employees.; Use of Procurement Card for payments to vendors is the preferred method of payment, but in cases where the Procurement Card is not feasible, the DPV will be used. Individual departments will maintain a list of individuals authorized to spend University funds using DPVs. People entering and approving DPVs in the system will be trained and annually certified by Procurement Services. The approval for payment by the authorized end user (person receiving the goods or services) and the certified DPV approver are the only approvals required for payments of DPVs. Departments will establish internal processes, procedures, or forms to comply with and maintain these approvals.

  Items listed on the Direct Purchase Voucher Exemption List should be paid by Direct Purchase Voucher without consideration of the $2,500 limitation and only if payment with a Procurement Card is not feasible. (This limitation includes freight but does not include South Carolina sales tax.)

  The ordering department must ensure that all items purchased on direct purchase vouchers are purchased at a fair and reasonable price, which is acknowledged by the approvals outlined above.

  To ensure compliance with the South Carolina Consolidated Procurement Code, monitoring procedures will be accomplished through Procurement Services.

• Documentation Requirements

  Pursuant to Records Management Document Retention requirements, procurement records are required to be maintained for seven years. If using buyWays, the system meets the University's requirements for document retention to include actual purchase requisitions/orders, invoices, receipts, approvals, solicitation documentation, written determinations, internal notes/references, and all other attached procurement-related documentation. Detailed approval history and electronic invoices are already maintained automatically by the system and no other documentation is required to be maintained to meet document retention requirements. Departments will not maintain duplicate files of procurement-related documentation already captured in buyWays. During audits or FOIA requests, any references or questions regarding electronic invoices will be directed to Procurement Services; no information is required to be maintained at the college/department level in terms of paper copies or other details on these electronic invoices.

  If not using buyWays or not attaching required documentation (i.e., invoices) to the procurement in buyWays, end users are required to physically maintain all documentation related to a specific procurement and adhere to document retention schedules.

• Dollar Limitations

  Background

  On May 14, 2019, the South Carolina legislature changed the state law on procurement limitations for state agencies. Clemson believes this change in the law will greatly simplify most purchases made by the University by saving time and eliminating the frequency of the need for formal bids and solicitations.

  Policy

  The following general guidelines apply to purchases based on dollar limitations. If there are State and/or Agency contracts, these contracts are to be utilized.

  1. Purchases less than $10,000 – no competition (quote) is required, prices must be fair and reasonable. Purchases must be distributed equally among qualified suppliers.
  2. Purchases from $10,000 - $25,000 – require a total of three (3) formal written quotes. Quoted products are to be identical. All quotes must be attached to the Requisition in buyWays.
     
     Procurement will be responsible for verifying legitimacy. Quotes may consist of letterhead, email and/or website pricing. Absent the adequate quotes, products will require a formal solicitation by Procurement and Business Services.
  3. Purchases $25,000 and greater – will be bid out by Procurement and Business Services unless the product is on the state or agency contract, or there is an exemption number that applies to the purchase and/or it is a Sole Source procurement.
  4. COTS Purchases $25,000 - $100,000 – Commercially Available Off the Shelf (COTS) products are defined as supplies other than printing or information technology/resources that are available in the commercial marketplace and are sold to the state without modification. COTS do not include printing and information technology/resources, products customarily sold in bulk, agricultural products and petroleum. COTS purchases require three (3) formal written quotes and will be subject to review and approval by Procurement.
  5. Purchases $100,000 up to $5,000,000 – Procurement and Business Services will create and manage solicitations.
  6. Purchases over $5,000,000 – shall be sent to the State Procurement Office in compliance with the code using the SCIES requisition process.
  7. Sole Source Procurement – $50,000 and above requires a written Sole Source Justification and public notification for a period of 5 - 10 business days; less than $50,000 requires a written Sole Source Justification. Procurement and Business Services will evaluate all sole source requisitions.

  There is no change to P-Card limits or policies related to the code changes in the dollar limitation update on 9/3/2019.

  Decision Tree

• Emergency Purchases

  Policy

  The University recognizes and makes provisions for the acquisition of emergency goods or services to alleviate a critical situation as defined in Regulation 19.445.2110 as a risk to public health, welfare, and safety.

  Procedure

  Approval to issue an emergency purchase order may be granted verbally by the Procurement Director. Any emergency procurement must then be followed up with a purchase requisition in buyWays. An emergency purchase is defined as one made necessary by a sudden, unexpected turn of events beyond the control of the department in the normal conduct of its business. Included are events involving health, welfare, injury or loss to the University, which can be rectified only by the immediate purchase of certain services or supplies.

• Exemptions to the Code

  The South Carolina Consolidated Procurement Code, Section 11-35-710 lists the exemptions to the Code. The University DPV Exemption list is derived from and matches section 11-35-710.

• Federally Funded Purchases

  Purchases made with federal funds are completed in accordance with the normal University practices and procedures. In addition, any other requirements of the grant or contract are adhered to.

• Funds Availability

  It is the responsibility of each budgetary unit of the University to determine that funds are available and to certify their availability through proper authorization of each purchase requisition. Failure to do so will result in purchase requisitions being rejected in buyWays and having to be reentered.

• Grievance Procedures

  The Grievance Procedures as stated in Sections 11-35-4210 through 11-35-4230 of the South Carolina Consolidated Procurement Code are strictly adhered to.

• Information Technologies

  All requisitions for information technology items will be forwarded to the information technology procurement manager through normal channels. Information technology refers to data processing, telecommunications, and office systems technologies and services as described below:

  • Data Processing. The automated collection, storage, manipulation and retrieval of data, including central processing units for micro, mini and mainframe computers; related peripheral equipment such as terminals, document scanners, word processors, intelligent copiers, offline memory storage and printing systems, data transmission equipment; and related software such as operating systems, library and maintenance routines and applications programs.
  • Telecommunications. Voice, data, message and video transmissions, and includes the transmission and switching facilities of public telecommunications systems, as well as operating and network software.
  • Office Systems Technology. Office equipment such as typewriters, duplicating and photocopy machines, paper forms and records, microfilm and microfiche equipment and printing equipment and services.
  • Services. The providing of consultant assistance for any aspect of information technology, systems, and networks.
• Receiving and Invoicing

  Receiving must be completed in buyWays to acknowledge actual receipt of goods or services for all purchases made in buyWays. Using the "receipt" process in buyWays, users are required to enter only quantities or amounts that have actually been received and they are approving payment for. To complete the approval to pay process, an invoice for each purchase must also be entered in buyWays. For vendors submitting electronic invoices directly into buyWays, this step is automated. For all other invoices received, an individual with the "invoice handler" role in buyWays must create an invoice in buyWays and attach the scanned paper invoice (if possible) to the buyWays invoice. Once a receipt and invoice are entered in buyWays that match the PO amount, the system completes the verification for payment approval and authorizes a payment to be created.

• Legal, Accounting and Auditing Services

  Requisitions for legal services will be forwarded to the Attorney General's Office through the Procurement Director, the Chief Business Officer, and the University legal counsel. Upon approval by the attorney general, a purchase order is issued (per Code Section 11-35-1260 and Regulation 19.445.2025.d).

  The Clemson University Executive and Audit Committee of the Board of Trustees is responsible for approving procurement requests for accounting and auditing services. Requests should be submitted in writing to the Director of Internal Auditing to be forwarded to the Chairman of the Executive and Audit Committee for approval. State estimated cost, preferred firm, extent of work to be performed, number of years of contract, etc. Requests for auditing services, other than the use of Clemson Internal Audit, must also be approved by the State Auditor (per Code Section 11-35-1250 and Regulation 19.445.2025.e).

• Maintenance Agreements

  It is University practice to enter into Maintenance Agreements to properly protect and maintain University-owned equipment when deemed advisable. It is the responsibility of the user department to determine the need for an agreement and to work with Procurement Services to utilize existing State or agency contracts or enter into new agreements if necessary.

• Negative Assurance of a Receipt (buyWays)

  Effective 7/1/2010

  Purpose

  To adequately document the policy for matching payment documents in the accounts payable/disbursement process for approving payments to vendors.

  Policy

  Clemson University requires either a Two-way or Three-way match to take place to make a payment to vendors. The following outlines the matching requirements:

  Two-way Match - This match normally consists of an Invoice amount matching the received amount. This commonly takes place via the "DPV" process for non CU business unit payments made outside of buyWays, as well as through the p-card process (by signing the monthly statements, activity reports or individual invoices/receipts).

  Three-way Match - This match consists of a Purchase Order (PO) amount, Invoice amount, and Receipt amount all matching. This process is required for all payments made through buyWays.

  Negative Approval of a Receipt - An alternative to the Three-way match takes place when the amount on a PO matches the Invoice amount of $2500 or less, in which case a buyWays notification is sent to the shopper notifying them that an invoice has been submitted and will be processed for payment unless they notify Disbursements within 5 days, thus not requiring the actual receipt process to be completed. This process is set based on the relatively low risk versus the effort to create/document a receipt.

  Definition

  Receipt/Receiving - this is the acknowledgment that either a good that has been physically received is what was ordered and is in working condition or that a service has been completed and accepted and that it is "okay to pay" a vendor. In the instance of services or payments for a non-physical good, a receipt is simply the acknowledgment by the individual conducting the receipt that it is "okay to pay" the vendor.

• Procurements at Auction

  Clemson University may participate in an auction if there is a need for the items being sold. Prior to the auction, the following steps must be taken: (a) survey the needed items being offered to ascertain their condition and usefulness, (b) determine a fair market value for new like items through informal quotes, (c) determine the fair market value from similar items considering age and useful life, and (d) estimate repair cost and delivery cost, if any, of the desired items. Clemson University shall then determine the maximum price it can pay for each item desired. This determined maximum price cannot be exceeded.

• Prohibition of Gratuities

  All procurement officers and officials will adhere to the highest morals and ethics. The utmost focus and attention will be made in every situation as to not give the perception of any impropriety. Accepting gifts, gratuities, meals, or anything not otherwise available to the general public is prohibited.

• Purchase Requisitions Policy

  Purchase Requisitions are to be submitted through buyWays for procurement of all equipment, supplies and services costing in excess of $2,500, which are not available through other University divisions. This includes any repeat orders that, over the course of a year, equate to more than $2,500. For purchases equal to or less than $2,500, either a buyWays requisition (if using a vendor catalog or punchout) or procurement card are the preferred methods of purchase.

  Procedure

  Purchase Requisitions are electronically routed through buyWays to Procurement Services for procurements of all equipment, supplies, and services costing in excess of $2500, which are not available through other University departments or specifically exempted herein. BuyWays will route for departmental and/or project approval prior to reaching Procurement. Detailed procedures and training for processing a requisition in buyWays are available on the buyWays homepage. Requisitions must be sure to state each request clearly and with as much detail as possible so the order can be placed timely and correctly.

• Quality Assurance and Testing

  It is the responsibility of the user departments, procurement specialists, and managers of stores to establish periodic reviews of goods/supplies to maintain quality assurance and testing methods. Submission of samples should be requested on the purchase requisition form, allowing adequate time for inspection and testing of the requested item(s). Consideration should be given to the amount of time required for the bidding procedure when applicable.

• Receiving and Delivering

  Policy

  Most incoming shipments to the University are delivered directly to the ordering department. Large shipments, or those requiring special handling, are accepted at the University Receiving warehouse. Shipments received are checked and recorded and normally delivered to the ordering department within 24 hours.

  Procedure

  Receiving and Shipping is responsible for incoming and outgoing shipments as well as facilitating the delivery of purchased items to the various departments.

  Incoming shipments are unloaded and checked for apparent damage. Items received are normally delivered to the user department within a 24-hour period.

  After the department has received the merchandise, verified the shipment, and received an invoice, payment may be processed. If there are changes to the purchase order, i.e., price increase/decrease, cancellation of items, etc., a Change Order should be transmitted to Procurement Services before the invoice is entered for payment.

  Damage Claims on any shipment received broken or damaged will be filed by Receiving and Shipping. The user department should retain the damaged article in its original container (adjustment will not be made without the original container) and notify Receiving and Shipping as soon as possible. The article will be picked up, and appropriate action will be taken by Receiving and Shipping personnel.

  Certain materials and supplies will not be unloaded at Receiving due to equipment and personnel incapabilities. Such things as bulk (truckload quantities) will be directed and escorted by Receiving personnel, if appropriate, to the proper unloading location. Another item in this category is gas delivered in cylinders.

  Outgoing motor freight shipments may be processed through Receiving and Shipping. Outgoing shipments should be properly packaged, labeled, and delivered to Receiving and Shipping for pick up by a commercial carrier. The package should be accompanied by a properly completed and executed Shipping Form (see Exhibit 24).

  Shipments will be made via motor freight. Receiving and Shipping personnel will prepare the proper bill of lading or other required documentation. Please indicate the insurance amount required and whether the shipment is to be prepaid or collected.

• Procurement Record Retention Policy

  Effective 1/1/2020

  *Scanned buyWays documents are good through 12/31/2024 (this will be updated quarterly as approval to destroy records is received from State Archives).

  Pursuant to University Records Management Document Retention requirements, procurement records are required to be maintained for seven years. When using the buyWays eProcurement system, the system itself is the system of record for procurement documentation including actual purchase requisitions/orders, invoices, receipts, approvals, solicitation documentation, lease agreements, contracts, written determinations, internal notes/references, and all other attached procurement-related documentation. No other documentation is required to be maintained to meet document retention requirements. Departments will not maintain duplicate files of procurement-related documentation already captured in buyWays.

  For procurement records received in paper form (a paper invoice is the most likely example), the record must be scanned and attached to the appropriate record in buyWays. The user scanning the document is responsible for ensuring the scanned image is legible and saved in buyWays, after which point, the paper record can then be stored until approval is given to destroy the document by the State.

  Electronic invoices, or invoices received directly into buyWays, are already electronic records in the system and do not require further printing, scanning or filing. Invoices or other records emailed to Clemson should be saved as a separate PDF and attached to buyWays. The email itself will follow rules for email retention.

  For those records with special retention schedules longer than seven years (most likely specific Federal awards), the electronic procurement record maintained in buyWays will be transferred as an electronic file(s) to a network drive at the time that buyWays records of seven years or older are purged.

  If not using buyWays, end users are required to legally maintain all documentation related to a specific procurement and adhere to document retention schedules.

  Procedure

  For procurement records maintained in buyWays, Procurement will coordinate with the eProcurement supplier and Records Management to conduct an annual deletion/purge of the electronic procurement records in accordance with the seven-year retention requirement. Individual departments do not need to manage this process. The process for deleting/purging the electronic records will consist of Procurement submitting a request to purge procurement records to Records Management for the specific time period (records older than seven years). Grants and Contracts will be notified at this time so the procedure to transfer procurement records with a longer than seven-year retention period can be completed. Once approval has been granted to destroy records, the University Procurement Director will perform the two-step process in buyWays to purge the appropriate files.

  For procurement records that are received by the University as paper documents, these files will be scanned and attached to the appropriate record in buyWays.

  Procurement will seek approval to destroy the paper documents for all records scanned into buyWays by the University monthly. When State Archives grants approval, Procurement will notify individual departments via a message posted on the Procurement website advising of the approval to destroy the paper records for a specific period of time (the goal is for a specific calendar month at a time but this may change based on demand). During the time while the department is storing the paper records, they do NOT need to file them in a specific manner – a box or recycling bin that will not be emptied during that month is perfectly acceptable.

  For grant-related procurement records or any other procurement record that may have a retention requirement greater than seven years, the appropriate department of record will notify Procurement of the specific procurement records that need to be maintained for longer than seven years. Prior to the annual deletion/purge process, Procurement will coordinate the transfer of these procurement records to a location on the network drive as electronic files. The department of record will then be responsible for the destruction of those records according to their retention schedule.

• Rounding for Payable Invoices

  Purpose

  Explain Rounding when Line and/or Distribution Amounts are split on an uneven amount.

  Policy

  When line items are split between chart fields, rounding of pennies may occur based on the prorated amounts per line/per distribution. CUBS processing adds/subtracts the difference to the last distribution of each line item in order to balance the totals (i.e., distributions may be reduced by fractions of a cent with the exception of the last distribution, which may increase/or decrease by a fraction of a cent).

  FYI - the rounding takes place first, then the difference is applied to the last distribution.

  Example

  Unit	Voucher	Gross Amt to Pay	Split %	Line	Distrib Line #	Calculated Amount	Rounding Amount
  CU	3194273	40.17	0.5	1	1	20.085	20.09
  CU	3194273	40.17	0.5	1	2	20.085	20.08

• Specifications

  Specifications mean any description of the physical, functional, or performance characteristics, or of the nature of a supply, service or construction item. A specification includes, as appropriate, requirements for inspecting, testing, or preparing a supply, service or construction item for delivery. It is the initial responsibility of the requisitioning department to formulate specifications for the commodity or service required. Final specifications are a mutual responsibility of Procurement Services and the requisitioning department. All specifications shall be developed in accordance with Article 7 of the Consolidated Procurement Code and Regulation 19-445.2140, Subsections A, B, C, and D.

• Surplus Property or Disposition of Goods

  University moveable equipment, supplies, etc., which a department determines to be obsolete, outmoded, or no longer usable shall be declared surplus and disposed of by Procurement Services in accordance with the South Carolina Consolidated Procurement Code.

  Any department desiring to declare University property in its custody as surplus must submit a Declaration of Surplus Property Form (Exhibit 18) to Procurement Services. Procurement Services will return a copy of the original signed by the Director of Procurement Services to the originating department. The department should retain this as documentation to support the deletion of items from the moveable equipment inventory.

  Procurement Services will, when feasible, determine if the property can be used elsewhere in the University. If so, the property will be transferred to another department. If the property cannot be used elsewhere in the University, it will be declared surplus and disposed of by Surplus Property in the most advantageous method for the University in conformity with State policies. The methods available for disposition of University surplus property are:

  • Auction, publicly advertised and held.
  • Sale under sealed bids, publicly advertised and held.
  • Trade-in under terms and conditions whereby the University replaces the surplus property (Exhibit 19).
  • Transfer to other SC agencies or sale to eligible political subdivisions of the State or other government entities, such as non-profit volunteer fire, police, and rescue organizations operating for a public purpose and eligible, non-profit corporations whose activities are related to health and/or education.
  • Negotiated contract for sale but only for those types of property that become surplus on a recurring basis, such as livestock or marketable waste products, but not including vehicles. Disposable of this property will be made in the most economically feasible, fiscally sound, and administratively practicable method for the University.
  • Sold to a scrap contractor.
  • Take to a landfill.

  All sales of surplus University motor vehicles will be conducted by the Materials Management Office of the State of South Carolina, and all arrangements pertaining to these sales will be coordinated through that department in accordance with State policies.

  University surplus property, which is determined to be totally obsolete with no apparent salvage value, is exempt from the foregoing procedures and may be disposed of by Procurement Services in the manner most advantageous for the University. However, no such non-salvageable property may be disposed of to State or University employees except by bid at public auction.

• Taxes

  The University is exempt from the payment of federal taxes on most transactions. It is the practice of Procurement Services to determine the tax status on purchase orders and DPV's and to provide tax exemption certificates or other evidence of the tax exemption. This is accomplished either at the time the order is issued or at the time of payment. The University is not exempt from state retail sales tax except for those commodities which are specifically exempted by law.

• Unauthorized Procurement

  Unauthorized procurement is an act obligating Clemson University in a contract by any person not authorized to do so in accordance with Clemson University procurement policies and procedures.

  In accordance with the South Carolina Consolidated Procurement Code Section 11-35-540 and Procurement Regulation 19-445.2015, an unauthorized procurement must be ratified by the agency head before a purchase order can be issued and payment made. The department in violation uses buyWays to enter a requisition and detailed explanation to the Director of Procurement stating the facts and circumstances surrounding the act. The Director of Procurement prepares a detailed explanation stating the corrective action being taken to prevent reoccurrence as well as the action to be taken against the individual responsible for the unauthorized procurement, documents that the price is fair and reasonable, and routes it through appropriate channels to the President of the University for approval. Once the president has reviewed and ratified this unauthorized procurement, the PO is created that is then filed in buyWays for the record, against which payment can be processed to the vendor.

  In accordance with the Procurement Code, the following outlines actions that will be taken against the individual committing the act:

  • First Offense – the individual, along with their supervisor, will be counseled by the Procurement Office regarding the established procurement policies and procedures and be notified that further violations will result in further actions.
  • Second Offense – the individual will receive a written letter of reprimand.
  • Third Offense – the individual will lose all authority to make purchases as an employee of the University.

  Should the situation dictate, either of the first two actions may be skipped, and/or further legal actions may take place.

• Warranties

  It is the requisitioning department's responsibility to record and retain evidence of warranties on items purchased. It is also the department's responsibility to determine that the warranty terms are fulfilled.

• Written Determination

  The South Carolina Consolidated Procurement Code requires written determination to support various transactions and decisions. Individual reports include Sole Source and Emergency Procurements and Trade-In Transactions. In compliance with Code Sections 11-35-210 and 11-35-2410, the Procurement Director reviews all determination documents and forwards all sole source documents to the Comptroller for approval. The approved documents are retained as part of the procurement file for specific POs or contracts in buyWays. A written determination or justification as part of a requisition form in buyWays (e.g. Sole Source form) is recognized as an approved written determination by either the Procurement Director or Comptroller once they have approved the requisition in buyWays.

• Restricted Chinese Telecom Companies

  The 2019 National Defense Authorization Act (NDAA), Public Law 115-232 § 889, and 2 C.F.R. § 200.216 prohibit the use or procurement of certain Telecommunications and Video Surveillance Services and Equipment as defined in Section 889(f)(3) and summarized in the list below:

  1. Any telecommunications produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
  2. Video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
  3. Telecommunications or video surveillance services provided by such entities or using such equipment; and
  4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the United States Secretary of Defense designates.

  Clemson University provides the following list of prohibited companies; however, this list may not be current, and the User is responsible for monitoring the prohibited parties related to Section 889 of Public Law 115- 232 to ensure compliance.

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