I. Introduction

A. Applicability

These Standards set forth the processes and procedural rules that apply to all procurements governed by the University of Massachusetts Procurement Policy Doc. T92-031, as amended (“Policy”). All University employees, consultants, independent contractors, and agents responsible for procuring Goods and/or Services, expending funds for Goods and/or Services, or interacting with Contractors related to a procurement or other transaction governed by these Standards and the Policy (collectively “University Personnel”) shall act in accordance with the process and procedures set forth herein as well as the purpose and intent of the Policy and the Standards regardless of the source of funds or payment mechanism. Any action taken by University Personnel to circumvent any control set forth in the Policy or these Standards based on a technicality is a violation of the Policy and/or these Standards, as applicable.

B. Definitions

1. “Bank Card” shall mean the University authorized commercial credit card used as a payment method for those vendors that do not accept a Purchase Order, a mechanism for emergency purchases, and a payment method in lieu of employee Travel reimbursement. Bank Card use must comply with the UMass Bank Card Use Standard.
2. “Campus” shall mean any of the individual campuses of the University of Massachusetts, maintained at: Amherst, Boston, Dartmouth, Lowell, and Worcester and the University of Massachusetts President’s Office.
3. “Competitive Procurement” shall mean the acquisition of Goods and/or Services through fair and open competition where multiple Contractors have been considered and evaluated prior to selection and purchase.
4. “Commodity Approver” shall mean the person designated by the Campus with managerial responsibility over the risk related aspects of particular Goods and/or Services as set forth in Table 2.
5. “Contractor” shall mean an individual, company, or other entity engaged to provide Goods or perform Services for or on behalf of the University under a Purchase Agreement, other than in an employment status, and minimally supervised by University Personnel. Contractors must meet the requirements for independent contractors under state and federal law, including M.G.L. c.149, section 148B. “Contractor” may be interchangeably referred to herein or in the University’s BuyWays system as “Supplier”. Questions or guidance concerning independent contractor status shall be directed to Campus Chief Human Resources Officer.
6. “Department” shall mean a functional unit within the University seeking to procure Goods and/or Services under the Policy and these Standards.
7. “Expenditure Authority” shall mean the power to approve the expenditure of funds necessary as a prerequisite to exercise of Signature Authority, consistent with Delegations of Authority as authorized by the Board of Trustees in the Policy.
8. “Goods” shall mean products, material, commodities, leases (including equipment, vehicles, or other tangible personal property) and licenses (including software, information, or electronic journals). The terms “Goods” or “Services” may be used individually or together written as “Goods and/or Services”.
9. “Legal Services” shall mean attorneys or law firms retained to provide legal advice, representation or other services for the University, a Campus, or University employees in matters relating to their official duties. Any attorney or law firm retained by the University on a permanent, temporary, or consultant basis shall be approved and retained by, and subject to the continuing supervision of, the General Counsel of the University, pursuant to the vote of the Board of Trustees, May 1, 1974.
10. “Lobbying Services” shall mean the engagement of individuals or entities to act on behalf of the University or a Campus to promote, oppose, influence, or attempt to influence the decision making of any officer or employee of a state or federal executive branch, agency or authority, or to promote, oppose, influence or attempt to influence the introduction, sponsorship, consideration, action or non-action with respect to any state or federal legislation.
11. “Price” or “Cost” shall mean the value or estimated value of the monies to be paid or expended related to the acquisition of Goods and/or Services over the term of the Purchase Agreement, including any renewals or extensions thereof, and may include either solely the Price of the actual Goods and/or Services, or for comparison purposes, the total Cost of acquisition and ownership, whichever is the most prudent.
12. “Purchase Agreement” shall mean, without limitation, any written or electronic legally-binding set of terms and conditions whether signed by hand, electronically, or “click to accept” by a duly authorized university official as per Delegations of Authority as authorized by the Board of Trustees in the Policy, between the University and an external individual or entity for the provision of Goods and/or Services, where value is exchanged. This includes, without limitation, the University’s Contract for Services, master agreements, master services agreements, agreements, contracts, memorandums of agreement/understanding, letters of intent, amendments, sub-contracts, proof of concept agreements, trial agreements, or any other written or electronic legally-binding set of terms and conditions between the University and an external individual or entity.
13. “Purchase Order” shall mean a purchase order issued from the University of Massachusetts system of record (“BuyWays”) which has attached to it the University’s then-current standard purchase order terms and conditions, or any other approved business unit specific Purchase Order.
14. “Real Property” shall include, but may not be limited to land, buildings, air rights, water rights and mineral rights owned by the University and is the property of the Commonwealth of Massachusetts which has been entrusted to the University for stewardship. All procurement transactions related to Real Property must comply with the Capital Planning, Land and Facilities Use Policy (T93-122, as amended).
15. “Real Property Agreement” shall mean any written or electronic legally-binding set of terms and conditions whether signed by hand or electronically, between the University and an external individual or entity pertaining to Real Property. All procurement transactions related to Real Property must comply with the Capital Planning, Land and Facilities Use Policy (T93-122, as amended).
16. “RFX(s)” shall mean invitations to bid including but not limited to, requests for proposals, requests for quotes, requests for information and/or any other type of solicitation of goods or services as approved by the CPO.
17. “Services” shall mean duties, work, or activities performed by an individual, company, or entity for the University under a written Purchase Agreement or performed by the University for a third party pursuant to a Purchase Agreement. Legal Services, as defined herein, are expressly excluded from the definition of “Services”. The terms “Goods” or “Services” may be used individually or together written as “Goods and/or Services”.
18. “Signature Authority” shall mean the power to enter into and execute (whether by hand, electronic, or “click to accept”) a Purchase Agreement on behalf of the University (including a Department). Signature Authority is granted under the Treasurer’s Delegations, as defined by T97-014 and the Policy.
19. “Specifications” shall mean the quantity, quality, durability, availability, serviceability, and other factors affecting suitability of Goods and/or Services, or Contractor as well as contractual terms and conditions required by the requesting Department or the University.