TENNESSEE TECHNOLOGICAL UNIVERSITY
PURCHASING POLICIES AND PROCEDURES
1.
Policies
The
following Purchasing Policies and Procedures are established as minimum
standards for Tennessee Technological University in its purchase of materials,
supplies, equipment and services. Except
as specifically provided in this policy or other University or Tennessee Board
of Regents (TBR) policies or guidelines, the authority of the President pursuant
to these policies and procedures shall not include the following:
·
the
purchase or lease of real property;
·
the
purchase of data processing equipment over $249,999.99;
·
the
purchase of insurance, or;
·
the
purchases for capital outlay projects from any fund source whatsoever
In
cases where University or TBR policies and procedures do not address a specific
procedure for purchase of a particular item, the Department of General Services'
rules and regulations will govern, if applicable. The President may delegate
approval authority as specified in this policy to designees.
Time periods specified in this policy shall be calculated by excluding
the first day and including the last, unless the last day is a Saturday, a
Sunday or a legal holiday, and then it shall also be excluded.
1.1
Issuance of
Purchase Orders
1.1.1
A University Purchase
Order (See Exhibit
P-7) must be issued for purchases by the University of $5,000 or more,
except purchases of governmental surplus items from the Division of Surplus
Property, State of Tennessee.
1.1.2
All equipment items must be
ordered on a purchase order. Equipment is any physical resource (other
than land, buildings or permanent attachments thereto) that will benefit a
program for more than one year and will cost more than $4,999.99. This
definition does not apply to library books. (See Purchasing Policies and
Procedures, Section 1.18.1 below.)
1.2
Competitive
Bidding and Specifications
1.2.1
All purchases shall be based upon the principle of competitive
bidding except as herein provided. Unless
otherwise provided in this policy, electronic document distribution and
record keeping is permitted in the procurement process, except when original
signatures are required. Whenever
possible, all specifications for materials, supplies, equipment and services
shall be worded or designed so as to permit open and competitive bidding for
the supplying of the articles, commodities or services to which they apply.
For all Requests for Proposals (RFP) and Requests for Quotations (RFQ)
exceeding $100,000, written certification from the author or committee that
the specifications, to the best of their knowledge, are not proprietary
shall be documented in the bid file. It
is the responsibility of the Purchasing Office to ensure all competitive
bidding is considered fair and open in a bid process.
It will be considered open and competitive bidding by utilizing one
of the following procurement techniques:
1.2.1.1.
Requests for Quotation (RFQ) – a competitive process soliciting bids
from possible suppliers for a one-time procurement of product(s) and/or
service(s).
a.
Specifications based on brand names and product numbers--reference to brand
names, trade names, model numbers or other descriptions peculiar to specific
brand products is made to establish a required level of quality and functional
capabilities; it is not intended to exclude other products of that level.
Comparable products of other manufacturers will be considered if proof of
comparability is contained in the bid. Vendors are required to notify the
Director of Purchasing whenever specifications/procedures are not perceived to
be fair and open. All suggestions or objections shall be made in writing and
received by the Director of Purchasing at least three (3) working days prior
to the bid opening. It shall be the responsibility of the vendors, including
vendors whose product is referenced, to furnish with the bid such
specifications, catalog pages, brochures or other data as will provide an
adequate basis for determining the quality and functional capabilities of the
product offered. Failure to provide this data may be considered valid
justification for rejection of a bid;
b.
Specifications based on standard specifications;
c.
Specifications
based on the qualified products list; or
d.
Specifications based on catalogs, price lists or price
schedules.
1.2.1.2
Requests for
Proposal (RFP) – a competitive process in which bids are solicited from
possible suppliers, with a source or sources of supply established for a
specified period of time at agreed upon unit pricing for goods and/or services.
a.
Request
for Proposal – Under $25,000, bid with cost and technical proposal submitted
as one document (under $25,000 does not require sealed bids; can be written,
telephone or electronic as provided in Section 1.4.4.2);
b.
Request for Proposal –
$25,000 and over, sealed bid with separately sealed technical and cost
proposals, which must be submitted at the same time. Acceptability of
technical offers shall be determined by an evaluation team selected by the
President or designee. Members of
the evaluation team should be adequate and appropriate to the scope and nature
of the RFP. All technical offers
shall be evaluated based on the criteria of the RFP and other information
learned during the technical evaluation process. Technical offers not deemed
acceptable will not proceed to the pricing phase. Cost proposals shall not be
opened if the associated technical proposal has been deemed non-responsive and
is rejected by the University. Technical and cost proposals shall not be made
public until the inspection period following the evaluation of the cost
proposals; or
c. Multi-Step Sealed Bidding - the use of a multi-step
sealed bidding process is required in the acquisition of University computer
systems involving the purchase of hardware and the development of application
software. The multi-step bidding process may also be used for the procurement
of other products or services, when it is not practical to prepare initially
definitive specifications. (See TBR
Guideline B-035, Procedures for Multi-Step Sealed Bidding.)
1.2.1.3
Procurement under the Authority of Another Entity’s Bid Process.
Purchase of materials or services, for which any TBR or UT institution or
the State of Tennessee Department of General Services, Purchasing Division, has
awarded a Statewide Contract (SWC) to a vendor through the competitive bidding
process may be made without adherence to Section 1.4.4, Minimum Notice and
Number of Bids, provided the vendor meets the bid specifications. Note: The
competitive bid process of another entity (except the state Purchasing Division)
must have specified that other institutions would be permitted to purchase under
the bid. This section does not preclude the University from utilizing the SWC as
a bid in accordance with the competitive bidding process outlined in Section
1.4.4, Minimum Notice and Number of Bids, if so desired. (F & A Rule
0690-3-1-.01 (5) and Section 1.23 of this policy.)
1.2.1.4 Procurement of State Manufactured Articles
and Services:
a.
The
University is required to purchase items (goods) and services from other State
agencies, e.g., Department of Correction, Blind Services, Tennessee
Rehabilitative Initiative in Correction (TRICOR), Community Rehabilitation
Agencies (CMRA)/TRUST in Tennessee, whenever such items
or services are available therefrom and meet the desired conditions and
standards. (General Services Rule 0690-3-1-.01 (7) (d).)
b.
In
addition, for personal, professional and consultant service contracts only, no
competitive process is required when the contractor is a State agency (as
provided in the paragraph a. above), a political subdivision of the State, any
other public entity in Tennessee, or an entity of the federal government. The
non-competitive negotiation process in Section 1.15.2 of this policy may be
used for such contracts. (F & A Rule 0620-3-3-.03)
1.2.1.5
Procurement Under Contracts with Group Purchasing Organizations (See
Section 1.31 for Reporting and Documentation Requirements).
The
University is permitted to make purchases of goods and services under a contract
with a group purchasing program as provided in TCA 49-7-127.
The statute specifically permits such purchases when the price for goods
or services under a group purchasing program is lower than the price available
on a state contract. A state
contract is defined in this section as a TBR institution contract, a TBR system
contract, a UT contract or a General Services contract.
Comparison pricing must have been obtained within twelve (12) months of
the date of comparison.
1.2.1.6
Gifts.
Gifts
do not require a procurement process subject to this policy. (TBR
Policy 4:01:04:00, Solicitation and Acceptance of Gifts and TBR
Guideline G-030, Section 3.)
a.
For purposes of this policy, a gift to the University shall be
defined as a voluntary transfer of goods or services to the University made
gratuitously and without consideration. Essential elements of a gift are:
1. Capacity of
the donor of the gift;
2.
Intention of the donor to make a gift;
3.
Completed delivery of the gift to or for the University, and
4. Acceptance
of the gift by the University.
b. Nothing in this policy shall be construed to mean that
the University must accept any gift.
1.3
Procurement of Goods, Materials and Supplies/Services
1.3.1 Goods.
Goods, materials and supplies (cumulatively called "goods")
should be awarded to the lowest responsive and responsible* bidder pursuant
to a Request for Quotation.
*"Responsive"
means that the bid meets the requirements and criteria set forth in the
Request for Quotation. "Responsible" means that the bidder is
capable of performing or is not otherwise disqualified. In the event a
bidder is either not responsive or responsible, then the bid is to be
disqualified.
1.3.2 Goods and Services.
Certain services or a combination of goods and services may be procured
as a "good", based on a Request for Quotation rather than a
Request for Proposal, if the end product
is more important than the service that goes toward its production or where
the vendor has little discretion in determining its actual content or form.
1.3.2.1
Examples
of this type of service include, but are not limited to: (a) pest control; (b)
security services; (c) moving and hauling; (d) refuse collections; (e) charter
services; (f) printing services, and (g) maintenance services.
1.3.2.2
Mischaracterization
of an item to be procured as a good or service shall not constitute an error in
the procurement if the requirements of this policy are met, but it may be
grounds for the University to terminate the procurement process. For competitive
procurement of goods, a Request for Quotation is appropriate, and in general, a
purchase order may be used to finalize the purchase. For competitive procurement
of services, a Request for Proposal is more appropriate, and a purchase order is
generally not sufficient to serve as the written contract for the services.
1.3.3
Services
1.3.3.1
A
contract for personal service, professional service, or consulting service shall
be used when the vendor's discretion or the form of the end product or service
is critical to the performance. All purchases of personal, professional and
consultant services should be based, to the maximum extent practicable, on
evaluation and consideration of the vendor's qualifications and cost.
Detailed information regarding service contracts is provided in TBR
Guideline G-030.
1.3.3.2
A contract for consulting services hereunder which exceeds $25,000 shall not be allowed
unless it is determined by the President in writing that the services are in
fact needed and that they cannot be satisfactorily or economically performed by
a state agency. A Certification of
Services Form (Exhibit
P-14) will
be required to be completed by the requisitioning department, submitted to the
Purchasing Office, certifying the need for the service(s) and that appropriate
consideration has been given to the use of state resources.
1.3.4
Outsourcing.
The following process is permitted and encouraged to
determine whether some services can be delivered more economically by the
private rather than the public sector:
1.3.4.1
The state's cost of the service may be ascertained and kept confidential as part
of the evaluation process. This cost must be finally determined and provided to
the President or his/her designee in a sealed envelope prior to the bid/proposal
due date.
1.3.4.2
The service may be the subject of a RFQ/RFP, as appropriate, which approximately
describes the services heretofore provided by the University.
1.3.4.3
The RFQ/RFP
may require that if the bidder's/proposer's price exceeds the State's
confidential cost, the proposal/bid may be rejected.
1.3.5
Monitoring and Services.
The
University shall have a monitoring plan to ensure the following:
1.3.5.1
that
goods/services are received;
1.3.5.2
financial
obligation of the University does not exceed the RFQ/RFP pricing, and
1.3.5.3
contract
is in compliance with the terms and conditions of the RFQ/RFP/contract.
1.4
Request for Quotation and Requests for Proposal
1.4.1
Requests for Quotation (Exhibit
P-4) and Requests for Proposal shall specify:
1.4.1.1
the time and place that bids will be received and opened;
1.4.1.2
information describing the purpose of the procurement, technical requirements,
bidder qualifications and any other information considered relevant to the goods
or services being acquired;
1.4.1.3
the
amount or number of articles or services required;
1.4.1.4
for all
RFQs and RFPs exceeding $100,000 in estimated expenditure or revenue, a
question/answer period and/or pre-bidders’ conference, with all questions and
responses forwarded to all prospective bidders;
1.4.1.5
the time of delivery;
1.4.1.6
the amount, if any, of any bid bond or certified check to accompany the bid;
1.4.1.7
the amount, if any, of any performance bond which may be required if the vendor
is the successful bidder;
1.4.1.8
a declaration of the contract terms and conditions which shall be required by
the University;
1.4.1.9
a
description of the factors to be considered in evaluation bids/proposals, if
applicable;
1.4.1.10
the date(s) bid evaluations will be available for viewing;
1.4.1.11
if applicable, whether other TBR and/or UT institutions may purchase from the
contract; and
1.4.1.12
the
period of time during which each bidder/proposer will hold its bid open and the
period during which the contract awarded will be available to other
institutions, if applicable.
1.4.2
RFQs/RFPs
may specify any other requirements, conditions or information in reference
to the purchase deemed necessary.
1.4.3
RFQ/RFP
files (hard-copy or electronic) shall contain, at a minimum, the following:
1.4.3.1
a copy of
the RFQ/RFP issued (including specifications);
1.4.3.2
a list of
vendors for solicitation;
1.4.3.3
the date
vendors were sent the RFQ/RFP;
1.4.3.4
for RFPs
and applicable RFQs, any pre-bid questions/responses or addenda to the RFQ/RFP;
1.4.3.5
for RFPs
and applicable RFQs, all documentation relating to the composition of the
evaluation team and the evaluation documentation used to make the award,
1.4.3.6
as
applicable, any documentation that warrants a re-bid of the RFQ/RFP;
1.4.3.7
any
informal bid complaints and the respective responses/actions
1.4.3.8
as
applicable, copies of intent to award letters, and
1.4.3.9
the
executed purchase order and/or contract.
1.4.4 Minimum Notice and
Number of Bids.
The number of bids required and the notice to bidders
for solicitation of bids for purchases and revenue contracts shall be as
follows:
1.4.4.1
If the estimated amount of the purchase (or revenue) is $25,000 or more:
a.
Written
sealed bids must be solicited from fifteen (15) vendors or the number of
vendors on the vendors list, whichever is less. (The Director of Purchasing
must approve the solicitation of less than fifteen (15) bids).
b.
If the
estimated amount of the purchase is $100,000 or more, solicitations must be
sent in a manner that verifies proof of delivery.
c.
The RFQ/RFP
must be mailed at least fourteen (14) days (ten (10) days where all vendors
are local vendors) before the date that the bids are scheduled to be opened.
For RFPs and applicable RFQs, additional time should be allowed when
fourteen (14) days is not sufficient for vendors to adequately prepare a
competitive proposal based on the method of RFP or RFQ delivery, bid
specifications and pre-bidders’ questions/responses.
d.
A
vendor’s general or standing request for notice for all RFQs/RFPs or all
RFQs/RFPs of a given type shall not suffice as a request for a specific RFQ/RFP
and shall crate no obligation on the institution.
1.4.4.2
If the estimated amount of the purchase is at least $5,000 but less than
$25,000:
a.
Written,
telephone or electronic bids must be sent to at least three (3) qualified vendors
(with the exception of Section 1.2.1.5 above).
b.
When
telephone bids are solicited, a written record of the bidders and amounts
shall be maintained.
1.4.4.3.
Each
department has the authority to negotiate purchases without a purchase order on
supply items if the aggregate cost is less than $5,000. Departments are to
purchase from the vendor offering the lowest and best-negotiated price. This
authority does not allow departments to place orders for the same items on a
day-to-day basis ("splitting invoices"). See Purchasing Policies and
Procedures, Section 1.9.
1.5
Bid Withdrawal,
Bid Revision and Bid Rejection
1.5.1 Before bid opening, a vendor may be permitted to withdraw a bid entirely
and/or submit a substitute bid. The vendor making such a request must submit
suitable identification.
1.5.2
After bid opening, a vendor will be permitted to withdraw a bid only where
there is obvious clerical error in the bid such as a misplaced decimal
point, or where enforcement of the bid would impose unconscionable hardship
due to an error in the bid resulting in a quotation substantially below the
other bids received. Withdrawal will be considered only upon written request
from the vendor.
1.5.3
In
cases of errors in the extension of prices in the bid, the unit price will
govern.
1.5.4
Incorrect
proposal information – If the University determines that a proposer has
provided, for consideration in a contractor selection process or in
negotiations, information which the proposer knew or should have known was
materially incorrect, the subject proposal may be determined non-responsive,
the proposal may be rejected and the vendor may be removed from the vendor
list.
1.5.5
A bid
may not be revised after bid opening. However, after evaluation is complete
and the successful bidder/proposer selected, negotiations may occur which
serve to alter the bid/proposal in a way favorable to the University. For
example, prices may be reduced, time requirements may be revised, the
bid/proposal may be revised to supply omitted contract terms, etc. In no event shall
negotiations increase the cost or amend the proposal such that the apparent
successful proposer no longer offers the best proposal.
1.5.6
Any
proposal that restricts the rights of the University or otherwise qualifies
or limits the proposal may be considered to be non-responsive, and the
proposal may be rejected.
1.5.7
When
it becomes necessary to reject all bids, the reason for such rejection will
be set out in complete detail and made available to all bidders who
submitted a bid.
1.5.8
Action
to reject all bids shall be taken only for unreasonably high prices, errors
in the RFQ/RFP, cessation of need, unavailability of funds, failure of all
proposals to meet technical specifications, a determination that the
goods/services can be more economically delivered pursuant to an agreement
with another TBR institution or state agency, or a determination that
proceeding with the procurement would be detrimental to the best interests
of the University, the reason for which must be documented and approved by
the President or a designee.
1.6
Acceptance
of Bids/No Rights Created
1.6.1
Notwithstanding
any provision contained herein or in any solicitation document, submission
of a bid or a proposal shall not create rights, interests or claims of
entitlement in any bidder or proposer, including the successful bidder or
proposer. Notwithstanding any action or agreement to the contrary, no such
right, interest or claim shall exist unless and until a purchase order has
been issued or a contract is fully executed.
1.6.2
For
RFPs and applicable RFQs, a notice of intent to award shall be sent to all
proposers containing, at a minimum, the content provided by the TBR Central
Office.
1.6.3
All bids shall be subject to rejection by the President or a
designee. If awarded, the purchase order or contract shall be awarded to the
lowest qualified and responsible bidder, taking into consideration
quantifiable factors including, but not limited to, the apparent ability of
the bidder to perform the proposed contract, the conformity of the articles
or services to the specifications, any discount allowed for prompt payment
or for any other reason, transportation charges and the date of delivery
specified in the RFP/RFQ.
1.6.4
A complete written record on all procedures and justifications shall
be maintained on each procurement transaction in order to provide a clear
audit trail on the purchase.
1.6.5
A bond for the faithful
performance of any contract may be required at the discretion of the
University.
1.6.6
Bids must be received in the
specified location on or before the date and hour designated for bid
opening. All bids received must be date and time stamped to show compliance
with the designated opening date and time.
Late bids will not be considered in purchase order or contract award.
1.6.7
All
RFQs received shall be publicly opened and examined by a designated
University representative at the time and place specified in the RFQ/RFP.
Whenever multi-step sealed bidding is utilized, bidders shall have no less
than five (5) working days after the opening date before a purchase
order/contract may be awarded. All bids conforming to the RFQ/RFP, together with the name of the bidder/proposer
shall be recorded. Only after completion of evaluation shall the
complete procurement files become a matter of public record and be open to
public inspection.
1.6.8
Each
bid should give the full name and business address of the bidder. If the
vendor is a corporation, the name shall be stated as it is in the corporate
charter. Each bid must be signed in ink by the vendor's authorized
agent. Unsigned bids will be rejected. The person signing the bid must
show his title, and if requested by the University must furnish satisfactory
proof of his authority to bind his company in contract. Bids must be
typewritten or in ink; otherwise they may not be considered. The University
may conduct informal procurement electronically, and if the University requests or
permits electronic bidding, no signature shall be required. A purchase
order, if applicable, will be issued to the firm name appearing on the bid.
(Reference TCA 12-3-704.)
1.6.9
Where
more than one item is specified in the RFQ, the University shall provide in
the RFQ that it has the right to determine the low vendor(s) either on the
basis of each individual item, a group of items or the total of all items.
1.6.10
Alternate bids will not be considered unless specifically called for in the
bid.
1.6.11
All material, supplies and equipment offered and furnished must be new
unless the RFQ/RFP specifically permits offers of used, remanufactured or
reconditioned items. RFQs/RFPs, which specifically permit offers of used,
remanufactured or reconditioned items shall require a warranty; however, the
President shall have the authority to waive this requirement.
1.7
Protested Bids
1.7.1
Right to Protest
1.7.1.1
Any actual bidder/proposer who claims to be aggrieved in connection with a
specific solicitation process may submit a protest in writing to the Director of
Purchasing within seven (7) calendar days after he or she knows or should have
known the facts giving rise to the protest.
All proposers should know and shall be deemed responsible for knowing the
facts documented in the University’s procurement files on the day the
University opens the bid files for public inspection.
Any issues raised by the protesting party after the seven (7) calendar
day period shall not be considered as part of the protest.
1.7.1.2
Signature on Protest Constitutes Certificate.
The signature of an attorney or protesting party on a
request for consideration, protest, motion or other document constitutes a
certificate by the signer that the signer has read such document, that to the
best of the signer's knowledge, information, and belief formed after
reasonable inquiry, it is well grounded in fact and is warranted by existing
law or a good faith argument for the extension, modification or reversal of
existing law, and that it is not interposed for any improper purpose, such as
to harass, limit competition, or to cause unnecessary delay, or needless
increase in the cost of procurement or of the litigation. If a request for
consideration, protest, pleading, motion or other document is signed in
violation of this subsection before or after appeal to the Chancellor, the
Chancellor upon motion or upon his/her own initiative, may impose upon the
person who signed it, a represented party, or both, an appropriate sanction,
which may include an order to pay to the other party or parties, including the
University, the amount of the reasonable expenses incurred because of the
filing of the protest, a petition for a stay of award, pleading, motion or
other paper, including reasonable attorney's fees.
1.7.1.3
Neither a protest nor a stay of award shall proceed under this section unless
the protesting party posts a protest bond. The protesting party shall post with
the Director of Purchasing at the time of filing a notice of protest, a bond
payable to the University in the amount of five percent (5%) of the lowest cost
proposal evaluated or five percent (5%) of the highest revenue proposal
evaluated. Such protest bond shall be in form and substance acceptable to the
University and shall be immediately payable to the University conditioned upon a
decision by the Chancellor that:
a.
A request for consideration, protest, pleading, motion or other
document is signed, before or after appeal to the Chancellor, in violation
of subsection 1.7.1.2;
b.
The protest has been brought or pursued in bad faith; or
c.
The protest does not state on its face a valid basis for
protest.
1.7.1.4
The University shall hold such protest bond for at least eleven (11) calendar
days after the date of the final determination by Vice President for Business
and Fiscal Affairs of the University. If the protesting party appeals the
determination by the Vice President for Business and Fiscal Affairs of the
University in accordance with Section 1.7.2.5., the Vice President for Business
and Fiscal Affairs shall hold such protest bond until instructed by the
Chancellor to either keep the bond or return it to the protesting party.
1.7.1.5
At the time of filing notice of a protest of a procurement in which the lowest
evaluated cost proposal is less than one million dollars ($1,000,000), or in
which the highest evaluated revenue proposal is less than one hundred thousand
dollars ($100,000), a minority or small business protesting party may submit a
written petition to the Director for exemption from the protest bond requirement
of Section 1.7.1.3. Such a petition must include clear evidence of minority or
small business status. On the day of receipt, the petition shall be given (may
be faxed) to the Chancellor or his or her designee. The Chancellor has five (5)
business days in which to make a determination. If an exemption from the protest
bond requirement is granted, the protest shall proceed as though the bond was
posted. Should the Chancellor deny an exemption from the requirement, the
protesting party shall post the bond with the Director as required in Section
1.7.1.3, within three (3) business days of the determination. For the purposes
of this section, "minority business" is defined as solely owned or at
least fifty-one percent (51%) owned by a person or persons who control the daily
operation of such business and who is disabled (a person having a physical or
mental impairment that in the written opinion of the person's licensed
physician, substantially limits one (1) or more of the major life activities of
such person, including caring for oneself, and performing manual tasks, which
include writing, walking, seeing, hearing, speaking and breathing); African
American (persons having origins in any of the Black racial groups of Africa);
Asian American (persons having origins in any of the original peoples of the Far
East, Southeast Asia and Asia, the subcontinent, or the Pacific Islands);
Hispanic American (persons of Cuban, Mexican, Puerto Rican, Central or South
American, or other Spanish or Portuguese origin, culture or descent, regardless
of race); or Native American (persons having origins in any of the original
peoples of North America). For purposes of this section, "small
business" is defined as one which is independently owned and operated, has
total gross receipts of no more than two million dollars ($2,000,000) for the
most recently ended federal tax year, and employs no more than thirty (30)
persons on a full-time basis.
1.7.2
Authority to Resolve Protest
1.7.2.1
The Director of Purchasing has the authority to resolve the protest. If deemed
necessary, the Director of Purchasing may request a meeting with the protesting
party to seek clarification of the protest issues.
1.7.2.2
The final determination of the Director of Purchasing shall be given in writing
and submitted to the protesting party.
1.7.2.3
The protesting party may request that the final determination of the Director of
Purchasing be considered by the Vice President of Business and Fiscal Affairs of
the University. The request for consideration shall be made in writing to the
Vice President for Business and Fiscal Affairs within seven (7) calendar days
from the date of the final determination by the Director of Purchasing.
1.7.2.4
The Vice President for Business and Fiscal Affairs has the authority to review
and resolve the protest. If deemed necessary, Vice President for Business and
Fiscal Affairs may request a meeting with the protesting party to seek
clarification of the protest issues. The final determination of the Vice
President for Business and Fiscal Affairs shall be given in writing and
submitted to the protesting party.
1.7.2.5
The protesting party may request that that the final determination of the
Vice President for Business and Fiscal Affairs be considered by the President.
The request for consideration shall be made in writing to the President within
seven (7) calendar days from the date of the final determination by the Chief
Business Officer.
1.7.2.6
The University shall have no longer than sixty (60) calendar days from receipt
of the protest to resolve the protest.
1.7.2.7
The protesting party may request that the final determination of the
President be considered by the Chancellor. The request for consideration shall
be made in writing to the Chancellor within seven (7) calendar days from the
date of the final determination by the President. The determination of the
Chancellor or his or her designee is final and shall be given in writing and
submitted to the protester.
1.7.2.8
In the event that the University fails to acknowledge receipt of a protest
within fifteen (15) days of receipt of a protest or fails to resolve the protest
within sixty (60) calendar days, the protesting party may request that the
Chancellor consider the protest at a meeting.
1.7.3 Stay of Award.
Prior to the award of a contract, a proposer who has
protested may submit to the Vice President for Business and Fiscal Affairs a
written petition for stay of award. Such stay shall become effective upon
receipt by the Vice President for Business and Fiscal Affairs. The Director of
Purchasing shall not proceed further with the solicitation process or the award
of the contract until the protest has been resolved in accordance with this
section, unless the Chancellor makes a written determination that continuation
of the solicitation process or the award of the contract without delay is
necessary to protect substantial interests of the University. It shall be the
responsibility of the Vice President for Business and Fiscal Affairs to seek
such determination by the Chancellor.
1.7.4 Protest Subsequent to
Award.
The Tennessee Claims Commission has exclusive
jurisdiction to determine all monetary claims against the state for the
negligent deprivation of statutory or constitutional rights.
1.7.5 A protest bond may be presented to
the University in form and substance compliant with the Protest Bond format in Exhibit
P-10. Any protest bond presented to the
University that represents a deviation from Exhibit
P-10 format shall be considered for acceptability by the University on a
case by case basis.
1.8 Tie Bids
1.8.1 Goods.
A tie bid exists when two or more bidders offer goods
and/or services that meet all specifications, terms and conditions at identical
prices, including cash discount offered. In such case, a tie bid will be broken
by the following methods, in descending order of preference:
1.8.1.1.
Tennessee
businesses will be given preference.
1.8.1.2.
Small, minority- and women-owned businesses will be given preference.
(Business classifications defined in Section 1.13.)
1.8.1.3.
Award item(s) to vendor who was low bidder on other item(s) being bid per the same
requisition.
1.8.1.4.
Best
delivery.
1.8.1.5.
By
lot or coin toss (properly witnessed and documented).
1.8.2 Personal, Professional
and Consultant Services.
In the event that a proposal evaluation process
results in two (2) or more proposals receiving evaluation scores that tie for
the rank of highest score, the University shall request best and final cost
proposals from only those proposers with scores that tie. The University may
calculate new evaluation scores for the tying proposals by adding the original
technical scores to the recalculated cost scores. Should another tie result, the
contract shall be awarded by coin toss.
1.9
Split Invoices.
Departments are not allowed to split invoices. A
"split" invoice results when a total charge of $5,000 or more is
divided into more than one invoice from the same vendor or from multiple
vendors, to avoid the necessity of obtaining a purchase order. The University
will not assume responsibility for "split" invoices.
1.10
Receiving Reports.
When any supplies, equipment or materials are
received by the University, the departmental personnel receiving the commodities
shall maintain a record of receipt that the supplies, equipment or materials
received are equal in quality and quantity to those requisitioned by the signing
of the invoice authorizing payment thereof.
Appropriate documentation of contract performance or specific
deliverables shall be provided by the requisitioning department prior to payment
for services, supplies, equipment and materials. Complete records on all
invoices serving as receiving reports/documentation shall be maintained in the
Business Office in order to provide for a clear audit trail on the receipt of
all purchases.
1.11
Vendors List.
The University shall maintain a list of vendors which
shows the types or classes of materials, supplies, equipment or services which
the person, firm or corporation is willing and able to furnish to the
University. The University may require the person, firm or corporation to submit
sufficient information to demonstrate ability to perform any future commitment
prior to inclusion on the list of vendors.
1.12
Removal From Vendors List
1.12.1
Vendors who fail to respond to a reasonable number of bids or fail to provide
adequate goods or services shall be removed from the vendors list. If a
qualified bidder repeatedly fails to respond to requests for quotations, the
bidder will be removed from all commodity groups.
1.12.2 Examples of failure to comply
include, but are not limited to:
1.12.2.1
Overshipments
1.12.2.2
Undershipments
1.12.2.3
Early Shipments
1.12.2.4
Late Shipments
1.12.2.5
Damaged Products
1.12.2.6
Defective Products
1.12.2.7
Shipments not in Conformance with Specifications
1.12.2.8
Unauthorized Substitution
1.12.2.9
Billing Errors
1.12.2.10
Service Deficiencies
1.12.2.11 Failure to Ship
1.12.3
Other principal causes for temporary or permanent removal from the bid list are:
1.12.3.1.
Unethical Practices
1.12.3.2.
Misrepresentation of Merchandise
1.12.4
Failure of a vendor to perform satisfactorily in any of the above areas may
result in a vendor's liability for damages to the University.
1.13
Purchases From Small and Minority-Owned
Businesses
1.13.1
The University shall actively solicit bids from small, minority-, and women-owned
businesses in order to obtain a fair proportion of goods and services from such
businesses, whenever possible. In accordance with TCA 12-3-808 on an annual
basis, information regarding small, minority and women owned business purchases
will be filed with the Department of General Services, which will consolidate
this information into the report to the Legislature.
1.13.2
For reporting purposes under this section, the following definitions shall
apply:
1.13.2.1 “Minority-owned business” means
a business that is a continuing, independent, for-profit business which performs
a commercially useful function, and is at least fifty-one percent (51%) owned
and controlled by one or more minority individuals who are impeded from normal
entry into the economic mainstream because of past practices of discrimination
based on race or ethnic background. "Minority" means a person
who is a citizen or lawful permanent resident of the United States and who
is: a) African American (a person having origins in any of the black
racial groups of Africa); b) Hispanic (a person of Mexican, Puerto Rican, Cuban,
Central or South American, or other Spanish culture or origin, regardless of
race); c) Asian American (a person having origins in any of the original peoples
of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific
Islands); or d) Native American (a person having origins in any of the original
peoples of North America).
1.13.2.2
A “small business” means a
business which is independently owned and operated and is not dominant in its
field of operation. The State of Tennessee shall design and implement procedures
to identify small business and to monitor purchases from those businesses. The
State shall establish criteria for consideration as a small business, which
shall include, but not be limited to, number of employees and annual gross
sales.
1.13.2.3
A “woman-owned business”
means a business that is a continuing, independent, for profit business which
performs a commercially useful function, and is at least fifty-one percent (51%)
owned and controlled by one or more women; or, in the case of any publicly owned
business, at least fifty-one percent (51%) of the stock of which is owned and
controlled by one (1) or more women and whose management and daily business
operations are under the control of one (1) or more women.
1.14
Emergency Purchases
1.14.1 Purchases of specific materials, supplies, equipment or services may be
made in the open market for immediate delivery only to meet bona fide
emergencies arising from any unforeseen cause. All bona fide emergency purchases
must be approved by the President or a designee.
1.14.2
A written report on the circumstances of any emergency justifying the purchase
shall be prepared by the requisitioner. Such written justification should be
submitted with the requisition for purchase and is subject to the approval of
the dean or administrative officer.
1.14.3
Emergency purchases shall, if practicable, be made on the basis of competitive
bids.
1.14.4
Emergency purchases in excess of $25,000 require the approval of the President.
1.15
Special Purchase Categories
1.15.1
Competitive Negotiation.
A contract may be entered into by competitive
negotiation only in cases when the University is unable to obtain goods and/or
services by the competitive bid process. In addition, competitive negotiation
may be appropriate for personal, professional and consultant service contracts
when one of the following is true:
1.15.1.1
Public need will not permit the delay incident to the RFP process;
1.15.1.2
No acceptable proposals have been received after the RFP process;
1.15.1.3
Rates payable for the services are regulated by law; or
1.15.1.4
As provided in Section 1.2.1.4.b of this Policy. (F & A Rule 620-3-3-.03)
The President shall prescribe the procedures under which negotiation is
to be conducted. These procedures shall provide for the safeguarding of the
information and provide fairness to the vendors in the negotiation process;
procedures shall mandate communication of the requirements of the University,
clarify best interests of the University and solicit bids from at least three
(3) potential providers (including minority, disadvantaged and small business
providers as otherwise required by TBR policy and guidelines), and require
documentation of the solicitation process. In the event it appears the
competitive negotiation process is to be implemented, such an action must be
approved by the President. Once the negotiations have been concluded, a
recommendation shall be made by the negotiating team to the President, and he or
she shall approve the results prior to entering into a contract.
1.15.2
Non-Competitive Negotiation for Sole Source Procurement – the Negotiation of
the Terms of a Contract with Only One Provider.
Personal, professional and consultant service
contracts may be obtained by non-competitive negotiation when the contractor is
a state agency, a political subdivision of the state, and any other public
entity in Tennessee, or entity of the federal government.
1.15.3
Sole source or proprietary purchases may be allowed pursuant to the following:
1.15.3.1
Sole Source
Procurement
Sole source purchases are made only when items are
unique and possess specific characteristics that can be filled by only one
source.
The vendor must furnish a letter indicating that it is the sole source and the
letter must be signed by an authorized company representative.
1.15.3.2
Proprietary
Purchase
A proprietary product is one that is manufactured and
marketed by a person or persons having the exclusive right to manufacture and
sell the product. Marketing is generally controlled by franchises that may
include competitive sales at wholesale or retail levels. When it is found that
bids may be obtained from different franchises, bid invitations must be issued
unless the estimated purchase is less than $5,000.
1.15.4
Factors to be considered in sole source and proprietary purchases include the
following:
1.15.4.1
Whether the
vendor possesses exclusive and/or predominant capabilities or the items contain
a patented feature providing superior utility not obtainable from similar
products.
1.15.4.2
Whether the
product or service is unique and easily established as one of a kind.
1.15.4.3
Whether the
program requirements can be modified so that competitive products or services
may be used.
1.15.4.4
Whether the
product is available from only one source and not merchandised through
wholesalers, jobbers and retailers.
1.15.4.5
Whether
items must be interchangeable or compatible with in-place items.
1.15.4.6
Whether the
cost of conversion, including but not limited to disruption, retraining and
replacement precludes bidding competitively.
1.15.4.7
Whether the
product is to be used in an instructional setting and the intent is to provide
instruction on the specific product or diversity of products.
1.15.4.8
For
personal, professional or consultant services where the use of non-competitive
negotiation is in the best interests of the University.
1.15.4.9
Other
justifications as approved by the President.
1.15.5
Only authorized sole source procurements may be completed utilizing
non-competitive negotiation.
1.15.6
Whenever specifications are not so worded or designed to provide competitive
bidding, or specify a single brand, the person responsible for the
recommendation shall be required to justify the necessity for the specification
in writing, and the request shall be approved by the President or a designee.
The Non-Competitive Procurement Justification Form (Exhibit
P-12) is to be completed and
approved by the Purchasing Office for all non-competitive procurement
requests. A completed TBR Justifications for
Non-Competitive Purchases and Contracts Form (Exhibit
P-15) is also required
for requests requiring TBR Central Office approval.
1.16
Purchases for Resale in Auxiliary
Enterprises.
Certain items for resale for which customers have
expressed a preference and/or promotional items procured under accepted retail
merchandising practices, may be purchased without adherence to Section 1.4.4 of
this Policy, Minimum Notice and Number of Bids. Appropriate documentation shall
be maintained which supports the action taken.
1.17
Purchases by Departments from the Bookstore.
Purchases from the Bookstore are governed by the
guidelines given in Purchasing Policies and Procedures, Section 1.2.
1.18
Purchases for the University Library,
Excluding Materials and Supplies Identified for Consumption of the Library.
1.18.1 Purchases of materials for additions to the library collection include
cost of books, catalogs, periodicals, binding, audio-visual media and other
general publications.
These items are capital expenditures. These purchases may
be made without formal bids or quotations, with appropriate documentation
maintained by the library on these purchases to support sole source procurement.
The library shall issue its own purchase order for items listed above.
1.18.2 Purchases of electronic journals, subscriptions, and databases for the
library shall be procured through the Purchasing Office in instances when a
competitive process can be used.
In
addition, any required electronic or written agreements to license journals,
subscriptions or databases shall be routed through the Purchasing Office for
review and approval prior to use. Appropriate
documentation must be maintained for purchases to support sole source
procurement. Additionally, these
items may require the approval of the Fiscal Review Committee if the purchase
exceeds the Fiscal Review Committee threshold.
1.19
Acquisition of Computer Systems.
Acquisition of computer systems involving the
purchase of hardware with the development of application software shall be made
in accordance with TBR
Guideline B-030, Acquisition of Data Processing Equipment/Software/
Services, and Guideline
B-035, Procedures for Multi-Step Sealed Bidding.
1.20 Federal Guidelines.
Purchases utilizing federal funding are to follow
federal guidelines regarding such purchases. Purchases for goods or services
shall not be made from vendors on the List of Parties Excluded from Federal
Procurement and Non-Procurement Programs.
1.21
Utility Contracts.
The University shall purchase or contract for all
telephone, telegraph, electric light, gas, power and other services for which a
rate for the use thereof has been established by a public authority deemed to be
in the best interest of the State of Tennessee. Each such purchase or contract
shall be made on a competitive basis whenever possible, in accordance with this
policy, unless it has been determined that such purchase is sole source. If such
purchase has been determined to be sole source, the purchase shall then be made
pursuant to Purchasing Policies and Procedures, Section 1.15.2.
1.22 Contracts and Agreements.
All contracts and agreements will be in conformance
with Purchasing Policies & Procedures, Section 9, Approval of Agreements and TBR Guideline
G-030,
Contracts and Agreements.
1.22.1 No agreement of any nature which requires the expenditures of funds shall
extend beyond the end of the fiscal year in which it is entered into unless
expressly subject to the condition that the University shall have the right to
terminate the agreement at the end of any fiscal year in the event that
sufficient funds are not appropriated by the General Assembly and/or budgeted
for continuation of the agreement.
1.22.2 All
agreements, contracts and subcontracts shall contain all necessary affirmative
action and nondiscrimination requirements provided by federal or state laws and
regulations.
1.22.3 No contract for purchase of materials, supplies, equipment or services
shall be awarded pursuant to these procedures unless funds have been
appropriated and are available for the purchase.
No contract shall be entered into in addition to the contract resulting
from acceptance of a bid and issuance of a purchase order except pursuant to TBR
Policy 1:03:02:10, Approval of Agreements.
1.22.4
Contracts
containing no financial consideration may be negotiated.
1.22.5
Expenditure contracts, other than real property contracts, may not have a
contract term for a period in excess of sixty (60) months. Revenue
contracts may not have a contract term for a period in excess of one hundred
twenty (120) months.
1.22.6
A revenue contract shall be used to formalize an agreement in which the
University provides specific deliverable goods or services for monetary
compensation. Revenue contracts
shall conform to the requirements of this policy, TBR Policy 1:03:02:10 and
TBR
Guideline G-030.
1.22.7
Individuals
who execute agreements, contracts or subcontracts containing impermissible
clauses may be subject to personal liability (TCA 12-3-105).
1.22.8 Limitations of Liability - Information Technology Services.
The Chancellor or designee may approve personal,
professional and consultant service contracts for the purchase of information
technology services when such contracts contain limitations of the liability of
contractors for damage claims.
1.22.8.1
Not Authorized.
The Chancellor is not authorized to approve
limitations of contractor liability for intentional torts, criminal acts or
fraudulent conduct; nor is the Chancellor authorized to accept limitation of
liability for an amount less than two (2) times the value of the contract.
Further, this Section 1.22.7 does not authorize TBR or the University to
indemnify contractors for the acts or negligence of the contractors or third
parties.
1.22.8.2
Approval Timeliness.
Any request to the Chancellor under this Section
1.22.7 must be made at an appropriate time in the procurement process to ensure
that no such decision shall detrimentally impact the fairness of the procurement
or the interests of the state in competitive procurements.
In a formal RFP process, the University may determine to request the
Chancellor's approval under this Section 1.22.7 after receiving written comments
from potential proposers. If the Chancellor approves such request, an amendment to the
RFP may be made. The University may
request, and the Chancellor may approve, initiation of a new procurement
process, including a contractor's limitation of liability, at any stage of the
procurement process, in circumstances in which the applicable procurement
process has failed to provide a qualified proposer. The Chancellor may authorize a limitation of liability under
this Section 1.22.7 in the course of competitive or noncompetitive negotiations
as otherwise permitted in this Purchasing Policy.
1.22.8.3 Approval Process.
The request under this Section 1.22.7 must be
submitted in writing to the Chancellor and must be signed by the President.
The request must contain justification that addresses the following:
a.
the text
of the limitation of liability sought to be used;
b. the risks
of liability to the state created by the information technology services to be
purchased under the contract, and the impact on the state of allowing the
limitation;
c.
the
conditions of the market which justify a limitation of liability;
d. the anticipated impact on the state's procurement if limitation
of liability is not approved, and;
e.
the
identification of one or more persons at the University familiar with the
information set forth in the request.
The Chancellor may deny or approve the request or may
authorize limitation of liability under other language than that proposed in the
request.
1.22.8.4
Approval Documentation.
Any request approved by the Chancellor under this
Section 1.22.7 shall be filed with the fiscal review committee of the general
assembly. (TCA 12-4-119 and F&A
Rule 0620-3-7)
1.22.9 Limitations of Liability - Materials, Supplies, Equipment and Services.
The Chancellor or designee may contracts for the
purchase of materials, supplies, equipment and services when such contracts
contain limitations of the liability of contractors for damage claims.
1.22.9.1 Not Authorized.
The Chancellor is not authorized to approve
limitations of contractor liability for intentional torts, criminal acts or
fraudulent conduct; nor is the Chancellor authorized to accept limitation of
liability for an amount less than two (2) times the value of the contract.
Further, this Section 1.22.8 does not authorize TBR or the University to
indemnify contractors for the acts or negligence of the contractors or third
parties.
1.22.9.2
Approval Timeliness.
Any request to the Chancellor under this Section
1.22.8 must be made at an appropriate time in the procurement process to ensure
that no such decision shall detrimentally impact the fairness of the procurement
or the interests of the state in competitive procurements.
In a formal RFQ process, the University may determine to request the
Chancellor's approval under this Section 1.22.8 after receiving written comments
from potential bidders. If the Chancellor approves such request, an amendment to the
RFQ may be made. The University may
request, and the Chancellor may approve, initiation of a new procurement
process, including a contractor's limitation of liability, at any stage of the
procurement process, in circumstances in which the applicable procurement
process has failed to provide a qualified bidder or a responsive bid.
1.22.9.3 Approval Process.
The request under this Section 1.22.8 must be
submitted in writing to the Chancellor and must be signed by the President.
The request must contain justification that addresses the following:
a.
the text
of the limitation of liability sought to be used;
b.
the risks
of liability to the state created by the information technology services and/or
products to be purchased under the contract, and the impact on the state of
allowing the limitation;
c.
the
conditions of the market which justify a limitation of liability;
d.
the
anticipated impact on the state's procurement if limitation of liability is not
approved, and;
e. the identification of one or more persons at the University
familiar with the information set forth in the request.
The Chancellor may deny or approve the request or may
authorize limitation of liability under other language than that proposed in the
request.
1.22.9.4
Notwithstanding the above, the Chancellor may authorize, with respect to
contracts for telecommunications and information technology goods and services,
a limitation of liability of not less than two (2) times the value of the
contract provided that the limitation of liability permitted under this
paragraph shall not apply to intentional torts, criminal acts, fraudulent
conduct or acts or omissions that result in personal injuries or death.
Any limitation beyond that permitted in this paragraph must be approved
by the Chancellor and the Board of Standards.
(TCA 12-3-315 and General Services Rule 0690-3-2)
1.23 Coordination of Purchasing Functions Among TBR Institutions and
Technology Centers and with the University of Tennessee (UT) System.
In all contracts and other bid processes,
consideration should be given to such wording that would allow TBR institutions
and technology centers to purchase under the terms and conditions of the bid of
the University. In all appropriate circumstances, consideration should also be
given to wording that would allow UT institutions to purchase under the terms
and conditions of the bid of the University. The University shall also be
permitted to purchase under the terms and conditions of a bid of the UT System
if the bid authorizes TBR institutions to do so.
1.24
Life-Cycle Costs.
The University shall, in a case where the State Board
of Standards has adopted a rule requiring life-cycle costs to be used by the
Commissioner of the Department of General Services in contracting for major
energy-consuming products, and may, in a case where a life-cycle cost and/or
energy efficiency standard has been developed for a product by the federal
government, apply such life-cycle cost and/or energy efficiency standard in the
determination of the lowest qualified and responsible under this policy.
1.25
Disposal of Surplus Personal Property.
Surplus property is personal property which has been
determined obsolete, outmoded, or no longer usable by the University, or
property for which future needs do not justify the cost of maintenance and/or
storage. Disposal of such property must be in accordance with TBR Policy No.
4:02:20:00, Disposal of Surplus Personal Property. (See Purchasing
Policies and Procedures, Section 8)
1.26
Prohibited Transactions
1.26.1
No personal items shall be purchased
through the University or from funds of the University for any employee of the
University or any relative of any employee.
1.26.2
No employee of the University
responsible for initiating or approving requisitions shall accept or receive,
directly or indirectly, from any person, firm or corporation to whom any
contract may be awarded, by rebate, gift or otherwise, any money or anything of
value whatsoever, or any promise, obligation or contract for future awards or
compensation.
1.26.3
Whenever any contract is awarded
contrary to the provisions of these policies and procedures, the contract shall
be void and of no effect, and if the violation was intentional, the employee
responsible for the purchase shall be liable for any State funds paid contrary
to these policies and procedures.
1.26.4
Purchases by C.O.D.
Purchases cannot be made C.O.D. Payment may not be
made in advance of the receipt of goods (exceptions: registration fees, vendor
minimum billing amounts and other similar items). In cases where the advance
payment must be made, the requisition should have a Request for Payment form
attached.
1.26.5
Purchases by Installment.
Purchases
cannot be made on the installment basis.
1.26.6
Purchases Conditioned on Gifts.
No purchase can be made conditioned on the
acknowledgment of a gift, rebate, any money or anything of value, or any
promise, obligation or contract for future awards or compensation.
1.26.7
Purchase of Decorative Items.
University and TBR policy and state audit
requirements preclude the purchase of decorative items for offices, corridors
and classrooms. Personal items such as pictures, tree stands, etc., may be
placed in an office by the occupant. The University assumes no responsibility
for such items, and they are subject to removal at the discretion of the owner.
1.26.8 Self-dealing.
Situations
in which a University employee can appear to influence or actually influence a
University-related decision from which that person or a member of that
person's family stands to realize a personal financial benefit is self-dealing
and a conflict of interest. Examples of self-dealing activities are
numerous and include those listed below.
1.26.8.1
Purchase of state-owned property absent fair and open bidding
It
is unlawful for any state employee to purchase surplus state-owned property
absent a fair and open bidding process (see T.C.A 12-2-208 and T.C.A.
12-2-417). Such purchases are also prohibited under TBR
Policy 4:02:20:00.
1.26.8.2
Institutional purchases from businesses in which an employee or family member
has a financial interest.
1.26.8.2.1
T.C.A 12-4-103 declares that it is unlawful for any state official or employee
to "bid on, sell, or offer for sale, any merchandise, equipment or
material, or similar commodity, to the state of Tennessee" or "to
have any interest in the selling of the same to the state" during that
person's term of employment and for six months thereafter. Disclosure of
any such transaction by an employee or member of the employee's family or by a
business in which an employee or member of the employee's family has any
significant (more than 4%) ownership interest or for which an employee or
employee family member serves as an officer is required by this policy.
1.26.8.2.2
T.C.A. 12-3-106(b)(2003) declares that it is a conflict of interest for any
person or any company with whom such person is an officer, a director, or an
equity owner of greater than 1% interest to bid on any public contract for
products or services for a governmental entity if such person or a relative of
such person is a member of a board or commission having responsibility for
letting or approving such contract. For purposes of this section only,
"relative" means spouse, parent, sibling or child.
1.27
Sale of Equipment by Departments
1.27.1
Equipment cannot be sold
by a department. (Tennessee Code Annotated 12-214, 12-217, and 12-218) (See Purchasing
Policies and Procedures, Se