Supplier-Related Policies and Procedures

• Catalogs, Literature and Sample Files

  Procurement Services maintains product/vendor files and, upon request, will make available or secure catalogs, literature and/or samples necessary for department reference to satisfy University requirements. However, the preferred method for sharing vendor information is for vendors to register through the Procurement Services website and include a website and email address for contact reference.

• Correspondence with Vendors

  It is the University’s practice that contact and/or correspondence with vendors concerning prices, terms, and conditions pertaining to procurements shall be carried out by Procurement Services. Direct correspondence by faculty and staff is appropriate on all other subject matter, such as availability of specified requirements, technical information, requests for literature, etc.

• Interviews

  To eliminate unnecessary interruptions to the University staff, it is University practice to receive vendor sales representatives at Procurement Services. In the event that a member of the University staff desires to discuss his requirements with a sales representative, or if, in the opinion of the procurement officer, a discussion would be pertinent, arrangements will be made for such a discussion at the convenience of the staff member.

• Minority Business Enterprise

  Policy

  Clemson University believes that part of its mission to the state and the country is to assist all segments of society in their economic growth and intellectual development. A part of the University's commitment to assist all members of our society is the development and maintenance of a strong Minority Business Enterprise (MBE), which attempts to assist individuals who, because of previous economic and social disadvantages, have not been participating fully in the business of the University.

  This policy ensures that all businesses owned and operated by minorities are given an opportunity to be involved in the procurement process. As in other areas of public service and social advancement, Clemson University now takes a leadership role in putting into effect the below-stated procedures, which will ensure equal access in the awarding of contracts and subcontracts to minority business firms. These procedures will strengthen the State, the University, and Nation by broadening the advantages of our society through the enhancement of minority capital ownership. Adding capital to previously disadvantaged groups will bring them into the mainstream of the business world and ultimately to the support of our state and country.

  Procedure

  Minority persons, as used herein, means a United States citizen who is economically and socially disadvantaged.

  1. Socially disadvantaged individuals are those individuals who have been subject to racial or ethnic prejudice or cultural bias because of their identification as members of a certain group without regard to their individual qualities.
  2. Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area that are not socially disadvantaged.

  A socially and economically disadvantaged small business means any small business concern which:

  1. Is at least 51 percent owned by one or more citizens of the United States who is/are determined to be socially and economically disadvantaged.
  2. In the case of a concern, which is a corporation, 51 percent of all classes of voting stock of such corporation must be owned by an individual(s) determined to be socially and economically disadvantaged.
  3. In the case of a concern which is a partnership, 51 percent of the partnership interest must be owned by an individual or individuals determined to be socially and economically disadvantaged, and whose management and daily business operations are controlled by individuals determined to be socially and economically disadvantaged. Such individuals must be involved in the daily management.

  The University is concerned that the MBE should benefit only firms owned and controlled by individual(s) determined to be socially and economically disadvantaged. To ensure that this is carried out, each minority business named by a bidder will be verified by the MBE Liaison Officer.

• Public Relations

  It is the intent of Procurement Services to maintain excellent public relations, both with vendor sales representatives and user departments. By having a close working relationship with the user department, the needs of the department can be filled more quickly. By having a good relationship with the vendors, the agency will receive better delivery and service.

• SC or American Made Preference

  Clemson University's bid package includes an area where the vendor may indicate the origin of the end product solicited.

• Vendor Complaints

  When a department feels a vendor has not satisfactorily delivered the goods/services as requisitioned, the procedure listed below is followed:

  • Departments must build a detailed file on each contract, documenting specific dates and occurrences. Records of conversations, copies of correspondence, deadline dates versus completion dates and other significant data that may provide the necessary supporting documentation for filing a complaint.
  • The Procurement Specialist must make the initial contact with a contractor, and this communication should occur as soon as a problem is realized.
  • In the event that the Procurement Specialist and the contractor are unable to resolve the problem in a timely manner, the Procurement Specialist must register the complaint with the contractor in writing. A copy of the complaint must be forwarded to the Material Management Office or Information Technology Management Office, whichever is applicable. The desired corrective action must be stated in the letter.
  • The contractor is required to respond to the complaint in writing within seven (7) days after receipt of the complaint. The response must be sent to both the Procurement Specialist and the Materials Management Office or Information Technology Management Office.
  • If no response is received within the required time frame, the Procurement Specialist is to notify the Materials Management Office or Information Technology Management Office. Upon such notification, MMO or ITMO will issue cure letters or show cause letters to the contractor in an effort to resolve the controversy.
  • If a mutually acceptable resolution between all parties cannot be achieved by MMO or ITMO, the aggrieved party can protest to the Chief Procurement Officer as defined in Section 11-35-4210 and Section 11-35-4210-30 of the South Carolina Consolidated Procurement Code.
  • If the situation is not resolved by the Materials Management Office, the procedure as described in the Code, Section 11-35-4220, regarding vendor suspension and debarment, is initiated by the Director of Procurement.
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  Vendors may require a hearing with the Procurement Review Panel within ten (10) days of suspension or debarment. Code Sections 11-35-4230(5) and 11-35-4410(6) apply.
• Vendor Ethics

  “It is unwise to risk dealing with suppliers who are known to have questionable ethics. The buyer who knowingly associates with such firms exposes himself to the probability of being ‘known by the company he keeps.’ Such a reputation, however unjustified, can drive away valuable, reliable, competitive sources.

  In addition, the buyer may expose his company to a number of serious business risks. An unethical supplier may reveal proprietary information to competitors or use it himself. He may knowingly bid low to ‘buy in,’ only to raise his price later at a crucial point in the schedule—in effect performing blackmail. He may knowingly promise a delivery that cannot be made in order to get an order. He may claim the ability to produce a product that is beyond the capability of his firm, fully intending to ‘shop’ the order to other firms. He may even resort to commercial bribery in an attempt to achieve a supply position that is not warranted by his firm’s real ability.

  Even though there may appear to be short-term advantages to special ‘deals’ with unethical sources, it is poor policy to succumb to the temptation, since long-term objectives will often be jeopardized. In fact, it is seldom that the supposed short-term advantages actually materialize.”

• Vendor Selection

  Procurement Services selects vendors in accordance with the South Carolina Consolidated Procurement Code. Vendors may register through the Procurement Services website to be included in the Vendor/Bidder list. Procurement Specialists use our bidders list, the Internet, or catalog file for selecting potential vendors.

Links to Other Policies