Section 1: Utah State University Procurement Code and General Procurement Provisions
As outlined in Utah System of Higher Education R-571, Delegation of Purchasing Authority, the purpose of this document is to strive:
- to obtain maximum value for each dollar expended, to utilize open competition and impartial evaluation of alternative products;
- to foster fair, ethical, and legal trade practices, which develop a strong vendor community and promote public trust in Utah State University and the system of higher education.
As a public institution, the University is committed to transparency in the use of funds entrusted to it, and is accountable to numerous constituents for the appropriate and prudent use of funds from various sources. This procurement document cannot anticipate every situation that might give rise to legitimate business expenses; so in some cases, reasonable and necessary expenses incurred may require additional documentation, explanation, or a higher level of authorization. Employees are to comply with the intent of the provision or its associated principles if not specifically covered.
University expenditures must be reasonable in amount, necessary to a legitimate business purpose, appropriate for the circumstances, allowable to the funding source, and when using contracts and grants, allowable to the sponsored project.
Departmental, college, and unit leadership as well as unit Financial Officers bear primary responsibility to ensure procurement methods are appropriate, expenditures are prudent, and individuals within their area use common sense and good business judgment in determining the propriety of all expenditures. This includes ensuring that transactions are consistent with 1) the concepts described herein, 2) other established University rules including small purchases and low dollar rules, and 3) any applicable laws, government regulations and sponsor or donor restrictions.
Nothing in these rules and procedures are intended to violate University Policy 529, Procurement Policy, State statue and/or code. If there is a conflict, the Vice President for Business and Finance or Director of Purchasing and Contract Services will resolve the dispute and correct erring document(s).
- Utah Code: 53B-1-101. Governance, Powers, Rights, and Responsibilities
- Utah Code: 53B-2-10. Duties and responsibilities of the president of each institution - Approval by board of trustees
- Utah Code: 53B-7-103: Board designated state educational agent for federal contracts and aid -- Individual research grants -- Powers of institutions or foundations under authorized programs
- Utah Code: 63A-5: State Building Board
- Utah Code: 63G-6a: Utah Procurement Code, General Procurement Code
- Utah System of Higher Education R220, Delegation of Responsibilities to The President and Board of Trustees
- Utah System of Higher Education R532, Acceptance and Approval of Contracts and Grants
- Utah System of Higher Education R571, Delegation of Purchasing Authority
- Utah System of Higher Education R711, State Building Board Delegation of Capital Facility Projects
- Utah State University, Policy 104, The University President and Other Officers
- Utah State University Policy 528, Contract Signature Authority and Delegation
(1) The procurement authority given to Utah State University under the following provisions shall be retained, and shall be applied only to the extent described in those provisions:
(A) Title 53B, State System of Higher Education;
(i) Utah Code 53B-7-102(4)-State System of Higher Education. These institutions are empowered to sue and/or be sued and to contract and/or contracted with under the general supervision of the board.
(ii) Utah Code 53B-7-101(10) – State System of Higher Education. Each institution may do its own purchasing, issue its own payrolls, and handle its own financial affairs under general supervision of the board.
(B) Utah System of Higher Education, R571 Delegation of Purchasing Authority;
(i) R571-4…. The Board delegates to each institution the authority to “adopt and administer procurement policies, rules and processes that are in conformance with the Utah Procurement Code and this general policy.” Each president, or designee, is given authority over procurements at his or her respective institution. (Italics added for emphasis.)
(C) Utah System of Higher Education, R557 Motor Vehicles;
(D) Title 63A, Chapter 5, State Building Board - Division of Facilities Construction and Management.
(2) Except as provided, Rules and procedures shall apply to every expenditure irrespective of the source of the funds, including federal assistance, by Utah State University.