Procurement Method- SPD Delegated Purchases Flashcards
When do purchases qualify as a direct publication? What are examples of direct publications?
Only when not available through statewide contract (TCI, State Use, Term) or through competitive bidding including proprietary competitive purchases.
Examples include:
1) foreign publications,
2) out of print or rare publications,
3) back issues of magazines, journals, and newspapers;
4) publications produced by professional societies;
5) audio, visual, or audiovisual materials (films, audio presentations, etc.);
6) computer software (subject to exclusion from set aside and DIR authority)
7) collections of any of the foregoing items, and microfilm or microfiche copies of any of the foregoing items; and
8) Library of Congress cards.
What are distributor purchases?
Purchase of repair parts for a unit of major equipment that is needed immediately, or a maintenance contract for laboratory/medical equipment may qualify as a distributor purchase.
Complete components, such as engines, transmissions and compressors do not qualify as repair parts under this description.
What are examples of major equipment for distributor purchases?
- motor vehicles, aircraft, boats,
- farm tractors and equipment,
- road building machinery and equipment,
- heavy construction machinery and equipment,
- traffic signal lights or traffic signal controller equipment,
- Intelligent Transportation Systems (ITS),
- laboratory or medical equipment, and
- industrial manufacturing machinery.
What are internal repair purchases and how do they differ from distributor purchases of repair parts?
1) a repair to state-owned equipment where the extent of the work cannot be determined until the equipment is disassembled.
2) An internal repair must contain labor and may also include parts.
3) Internal repairs are usually the result of an unexpected, basic service outage.
4) If an internal repair qualifies as an emergency, it must be processed as an emergency purchase.
5) Difference from distributor purchase of repair part- involves a service cost for disassembling the equipment to replace the part
What is an emergency purchase?
1) when the agency must make the procurement quickly to prevent a hazard to life, health, safety, welfare, or property
2) or to avoid undue additional cost to the state.
(example- air conditioner goes out in the summer)
Pending expiration of funds does not constitute an emergency
3) Decision to declare an emergency is the sole responsibility of the agency
4) Emergency purchases greater than $25,000 must be posted to the ESBD; however, the minimum time for posting of the solicitation does not apply to the extent necessary to address the emergency.
What purchases has SPD delegated by rule?
1) Spot purchase of $5,000 or less
2) one-time purchases of goods that do not exceed $50,000;
3) purchases of services that do not exceed $100,000 (excludes professional or consulting, services of an employee and services of public utilities);
4) direct publications;
5) purchases of perishable goods;
6) distributor purchases;
7) fuel, oil, and grease purchases;
8) internal repair purchases; and
9) emergency purchases.
What are perishable goods?
items that are subject to spoilage within a relatively short time. Perishable goods include, but are not limited to, the following: fresh fruit, fresh vegetables, and meat. (also bakery goods)
What is not permitted for a distributor purchase?
consumable items, labor of any kind, “will fit” parts (non-OEM), parts for stock, electrical parts
What are fuel, oil, and grease purchases?
Bulk or packaged form of fuel, oil, and lubricants/grease purchases including gasoline, diesel fuel, kerosene, aviation fuels, transmission fluids, motor oil and other lubricants, liquefied petroleum gas (LPG), and compressed natural gas (CNG)
How is service station fuel purchased?
Using the State of Texas Fuel Card
What must an agency do if a procurement is not addressed by SPD Delegation by Rule or Statute?
Submit a request:
1) Open Market Requisition via email for goods greater than $50,000
2) Procurement Oversight & Delegation (POD) portal for services greater than $100,000
What must an agency have before posting a solicitation if the purchase is not delegated by rule, by statute/exemption for an agency?
Letter of delegation (even if SPD’s review exceeds 30 days)
What is the guideline for purchasing direct publications?
Only when such publications are not available through statewide contract or competitive bidding
What is the guideline for purchasing computer software as a direct publication?
1) must be subject to an exemption or exclusion from state set aside programs and DIR authority.
2) Hardware and IT services may not be purchased as direct publication.
How does SPD delegate its purchasing authority?
1) by rule for a pre-approved class or contract value
2) through SPD review and delegation process
