5.14 Contracts, Procurement, and Supplier Diversity

Responsible Position

President

POLICY STATEMENT

Definitions:

Contract or Agreement

An agreement between ATCC and another person or entity that creates a binding legal obligation upon ATCC and another party, regardless of the title or name of the document.

Targeted Group Businesses

Businesses that are majority owned and operated by women, persons with a substantial physical disability, or specific minorities, pursuant to Minnesota Statute 16C.16, subd. 5.

Total Contract Value (TCV)

The total of all monetary commitments and obligations described within a contract, including any renewals, extensions, or options to renew such contract.

Authority

Pursuant to Minnesota Statute 136F.581, the Minnesota State Board of Trustees has authority for contracts and purchases consistent with Minnesota Statute 471.345, the Uniform Municipal Contracting Law, and other pertinent statutes, as well as the authority to utilize any contracting options available to the commissioner of administration under Minnesota Statute Chapters 16A, 16B, and 16C.

Policy Statement

Alexandria Technical and Community College (ATCC) serves as a good steward of tuition funds, state appropriations, and other resources entrusted to it by Minnesotans and the students we serve. In that pursuit, college contracting and procurement practices and processes shall be transparent and fair, consistent with the authorities afforded in state statute.

ATCC commits to creating and maintaining a supply chain that resembles the diversity of the students and communities it serves. The Board supports the use of its purchasing power to enhance and optimize business and contracting opportunities for Targeted Group Businesses.

Responsibilities

ATCC and the Minnesota State system office are responsible for procurement of necessary goods and services and the implementation of contracts that maximize the use of financial resources.

The ATCC procedures for procurement and contracts shall be consistent with Minnesota Statute 471.345, the Uniform Municipal Contracting Law, as applicable, and in compliance with other pertinent state and federal laws. The procedures shall provide detailed instructions for campus and system implementation.

Accountability/Reporting

Compliance

The ATCC President is held accountable by the Minnesota State Chancellor for complying with state and federal laws, Minnesota State Board policy, and Minnesota State system procedures for all purchases and contracts.

Contract form review

Any contracts that do not adhere to Minnesota State system-approved contract templates must be reviewed in advance of signature by the Office of General Counsel or Attorney General’s Office.

Minnesota State Board approval required

The Minnesota State Board must approve in advance:

Contracts with a TCV of $3,000,000 or greater or contract amendments, renewals, extensions, or options to renew such contract that would increase the TCV of a contract to $3,000,000 or greater.
Joint powers agreements that create a joint powers board, regardless of the dollar value, must be approved in advance by the Minnesota State Board.

Five-year limit

Contracts, including real property leases, must not exceed five years, including renewals, unless a longer period is otherwise provided for by law, or approved by the Minnesota State Board for contracts subject to approval under the above mentioned “Minnesota State Board approval required” section, or by the Minnesota State Chancellor or the Chancellor's designee.

Exemptions

The following contracts are not subject to the Minnesota State Board approval process:

Design and construction contracts associated with projects approved by the Minnesota State Board as part of a capital bonding request or revenue bond sale.
Purchase orders made under an umbrella contract of the Minnesota Department of Administration or MnIT.
Federal grants and grants from Minnesota state agencies.
On-going utility contracts where the area provider is the only feasible source of services such as electricity, gas, and other energy sources (e.g., steam, propane, or fuel oil).

Reports

Annual reports on all contracts with TCV of $3,000,000 or greater must be provided to the Minnesota State Board’s finance and facilities committee and be available on the Minnesota State system's website.

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Policies & Procedures