Administrative Procedures

Purchasing Authority

1. Purpose

To define the assignment of responsibility for the procurement of goods and services for KCTCS in accordance with Kentucky Revised Statute (KRS) Chapter 164A.

2. Scope

This procedure applies to all KCTCS employees.

3. General

3.1

Procurement is the process of obtaining goods or services.

3.2

Delegation:

1. KCTCS provides its own procurement functions.
2. KCTCS procurement procedures are based on KRS 45, 45A (Kentucky Model Procurement), 57, 164A and Kentucky Administrative Regulation Title 739.

3.3

Duties:

1. KCTCS System Office of Procurement to Payment Services is designated as sole authority for procurement of all goods and services, for making the final decision on source of supply, and for ensuring compliance to KCTCS procedures.
   1. Procurement decisions may be made in conjunction with the end user at the discretion of the authorized KCTCS procurement analyst. 
   2. KCTCS System Office of Procurement to Payment Services serves as the channel through which all contracts, purchase order contracts, sealed bids, requests for proposals, personal service contracts, and other procurement documents are established. 
   3. End users may request informal, non-binding quotes or technical details as needed through correspondence with suppliers.

3.4

Responsibilities:

1. KCTCS Director of Procurement to Payment Services is responsible for conducting and supervising the following:
   1. Purchase of (or delegation of authority to purchase) all goods and services required by KCTCS.
   2. Implementation of (or delegation of the authority to implement) rental and lease agreements on equipment and service contracts.
      1. KCTCS System Office of Facilities Support Services manages rental and lease agreements on real property.
   3. Compliance with Kentucky state statutes and administrative regulations pertaining to procurement.
   4. Establishment of standards and specifications for materials and supplies, where and when practical.

4. Violations of Procurement Procedures and Unauthorized Acts

4.1

KCTCS employees not named in Section 3 are not authorized to make oral or written contracts or binding commitments in the name of KCTCS, regardless of the source of funds unless given specific, expressed delegation by the KCTCS Director of Procurement to Payment Services, or delegated representative.

4.2

Guidance regarding policies and requirements to be followed by KCTCS personnel for the purchase of goods and services:

1. Questions regarding Procurement to Payment procedures and/or practices are to be directed to the KCTCS System Director of Procurement to Payment Services.
2. Personnel who violate procurement procedures or otherwise act outside their authority, do so at their own personal risk.
   1. Violators may be subject to disciplinary action as well as be personally liable for payment of any unauthorized purchase.
   2. Violations of procurement procedures may be referenced in personnel files and performance evaluations.
3. Purchases or other contracts made without proper authority are not binding upon KCTCS. 
   1. If purchases or other contracts are unauthorized, the KCTCS System Director of Procurement to Payment Services or the delegated representative may authorize payment of the obligation if not in conflict with the provisions of the Kentucky Model Procurement Code and Kentucky Administrative Regulations.
   2. A request for consideration of payment for unauthorized commitments shall be fully explained in writing by the person who made the commitment to the KCTCS System  Director of Procurement to Payment Services or the delegated representative.
   3. As a condition of payment, said person(s) shall acknowledge and commit to following KCTCS procurement procedures in the future. 
   4. If the KCTCS System Director of Procurement to Payment Services or the delegated representative does not ratify the payment of an unauthorized commitment, the obligation remains the personal obligation of the person making the commitment who will immediately work to remove the name of KCTCS as being party to the transaction. 
   5. Goods and/or services may not be procured from KCTCS employees; nor may a KCTCS employee have any interest, directly or indirectly, with any purchase made by KCTCS.

4.3

The tax-exempt number of KCTCS will only be used for official KCTCS procurement transactions. 

1. No purchases of any goods or services by employees, students or other parties for personal benefit are to be made in the name of KCTCS.
   1. Such an act will be construed as misappropriation of funds and the person(s) committing the offense will be subject to disciplinary action.
   2. Disciplinary action may include termination of employment with KCTCS or pursuit of legal action as deemed appropriate.

4.4.

Disposal of procured commodities:

1. A commodity is a good or service that can be bought and sold. 
2. Commodities purchased for a particular unit may only be disposed of in accordance with the KCTCS Business Procedure 5.2.2-P (Asset, Inventory, and Surplus Management).
3. Sales to individuals (faculty, staff, or students) may only be made through and by a service unit or activity operating in its normal capacity as a retail outlet.