4.1 Bid Solicitation

In order to obtain the best possible pricing and to remain compliant under Uniform Guidance 2 CFR 200.318–326, FAR regulations and University policies, competitive bidding must be conducted to the extent possible, as follows:

Less than $5,000: The purchase of goods and services by a buyer should be made by contacting Pre-Qualified Suppliers first, but may be made directly from any responsible supplier (within the guidelines of this manual) of his/her choice. If a non Pre-Qualified Supplier is chosen, the Buyer has an obligation to determine and secure reasonable prices on behalf of the University.

Equal to or greater than $5,000 with non Pre-Qualified Suppliers: A minimum of three (3) competitive quotations (two if approved by Purchasing) or a documented attempt to obtain three (3) quotations, but only receiving two responses, are required when obtaining goods and services from non Pre-Qualified Suppliers. The Purchasing Checklist and Bid Summary Form must be submitted to document the quotation process.

Any bid solicitations where an individual order is expected to exceed $25,000 with non Pre-Qualified Suppliers must be conducted with the assistance of Loyola Purchasing due to the additional requirements for proper documentation and determination of price reasonableness. Bid solicitation can be a team effort between Purchasing and the requestor/researcher, or the Buyer can run the competitive process him/herself.  The requester is responsible for defining the bid requirements/scope.  At the $150,000 threshold a controlled bid needs to be run.

The types of solicitation that can be used are Request for Quote (RFQ), Request for Proposal (RFP), and Request for Information (RFI).  For reference, the definitions of these can be found in Section 1.4 of this Purchasing Manual.

Exceptions to Bidding Requirement:

Pre-Qualified Supplier: If a Pre-Qualified Supplier Agreement is in place, the source selection process was conducted prior to the initiation of the Pre-Qualified Supplier relationship. Further competition during the term of that agreement is not required, unless the Buyer has knowledge of substantial changes in the marketplace for that commodity, or the order is above certain dollar limitations as identified in the Buyer Actions Matrix.  For example, at the $150,000 threshold a controlled bid is still required.

Competitively Bid Items from Member Cooperatives: Items that can be purchased under competitively bid contracts through a Cooperative or GPO in which the University is a member (e.g. Educational & Institutional Cooperative, the Association of Jesuit Colleges and Universities, and Omnia Partners) may, at the discretion of the Purchasing Manager, be exempt from competitive bidding requirements, since competitive bidding was conducted at the time the Cooperative contract was awarded.

Sole Source Purchases: If competition is determined to not be feasible due to the sole source nature of a product/service or supplier, and the order equals or exceeds $5,000 with a non Pre-Qualified Supplier, a written sourcing justification and a determination of price reasonableness is required prior to the commitment being made.  Sole source is defined as when there exists only one supplier capable of providing a particular item or service.

Single Source Purchases: If competition is determined to not be feasible due to a single source nature of an item, service or supplier, and the order equals or exceeds $5,000 with a non Pre- Qualified Supplier, a written sourcing justification and a determination of price reasonableness are required prior to the commitment being made.  Single source designation is used when a product or service is available from various sources, but must, for specific and justifiable reasons, be purchased from one specified supplier.

4.2 Supplier Qualification

Loyola University Chicago will only conduct business with reputable and stable suppliers who are capable of providing the goods and services required. US suppliers must provide either a Federal Identification number or a Social Security number, and submit a Supplier Information and W-9 Form.  Foreign suppliers will be required to submit the W-8 tax withholding form.

Loyola Purchasing will ensure that Pre-Qualified Suppliers do not appear in the U.S. Government Lists of Parties Excluded from Federal Procurement or Non-Procurement Programs or are identified on the anti-terrorist list. Buyers are responsible for this suspension and debarment verification when non Pre-Qualified Suppliers are used on federal government grants, cooperative agreements or contracts in accordance with Executive Order 12549, Executive Order 12689, and 48 CFR 909.4.  

A written certification from the supplier is also required when federal funds are being used. When non Pre-Qualified Suppliers are being used, the person making the commitment to the supplier is responsible for obtaining the certifications. The Supplier Conflict of Interest and Compliance Certification Form are located on the Purchasing website.  To qualify suppliers, Purchasing may request a Dun and Bradstreet or other business financial and background informational reports to determine the financial stability and acceptableness of suppliers.  

The University selects suppliers who offer the greatest value for the products and services purchased. Loyola focuses on developing small, diverse and disadvantaged businesses capable of providing the products/services needed.‌

4.3 Supplier Suspension/Removal from Bidder's List

Loyola University Chicago will suspend or remove a supplier from the solicitation process if any of the following causes occur on one or more Procurement Card transactions, purchase orders, Web-orders or contracts:

• Unsatisfactory performance (e.g. poor performance or default on one or more ProCard transactions, purchase orders or contracts, including any provision of contract terms.  Examples include over-shipments, under-shipments, providing damaged/defective goods, making unauthorized substitutions, billing errors, unallowable billings, service deficiencies, and poor workmanship. 
• Conviction of the business or an officer or principal shareholder for commission of a criminal offense in connection with obtaining, attempting to obtain or performing a contract or subcontract.
• Violation of anti-trust or other laws or statutes including those relating to the submission of bids.
• Bankruptcy or pending bankruptcy of the supplier.
• Unethical practices or violation of Loyola University’s policies (including misrepresentation on certifications).
• Inclusion on the US Government Lists of Parties Excluded from Federal Procurement or Non-Procurement Programs or the anti-terrorist list.

Loyola Purchasing has the authority to suspend a business, for cause, from participating in the University’s solicitation process or in University business. In order for a supplier to modify or shorten the suspension period, supporting documentation must be submitted, including (but not limited to):

• Bona fide change in ownership and management of the business
• Elimination/mitigation of the reason the suspension was imposed 

Upon termination or expiration of the suspension period, the supplier will be eligible to participate in the bidding process or be awarded University business. If a supplier is suspended a 2nd time, permanent suspension may result.‌

4.4 Evaluation of Non Pre-Qualified Supplier Offers 

Evaluation of strictly technical considerations, e.g. design and operating characteristics, is the responsibility of the requestor. Buyers take responsibility to negotiate elements of the non Pre-Qualified Supplier purchase (e.g. price, quality, delivery dates, delivery methods, sale terms and conditions, etc.) with the supplier.  University Legal Counsel may also be consulted on complex matters).

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