Policies & Procedures
Policies & Procedures / Contracting and Purchasing Policy

Contracting and Purchasing Policy

Purpose:

This policy establishes requirements and guidelines for the use of contracts, agreements, financial transactions and any other legal relationship that obligates Willamette University (“the University”), and for the procurement of goods and services necessary to support the mission, goals and objectives of the University. Applicability includes all contracts and purchases, including purchases from research funds.

Definitions Related to this Policy:

Contract means an agreement, either written or spoken, between two or more parties that creates a legal obligation.

Sole Source Vendor means the only source for the items is the recommended source.

Single Source Vendor means the item may be available from multiple vendors, but only the requested vendor is acceptable for technical or other reasons.

Policy:

  1. Signature Authority - Any legal relationship that obligates the University, including Contracts and procurement transactions, must be executed by an employee who has an appropriate level of delegated authority under the Delegation of Signature Authority policy.
  2. Use of Pre-Approved Agreements - Standard agreement templates have been created using standard terms and conditions (click links below to access), and are preferred to other contract templates. If a contract requires legal review, as outlined in Section 3, any changes or deviations of standard agreements must be reviewed by the General Counsel’s Office.

    Letter for Guest Presenters/Artists in Academic Settings (under $1,500 only)
    Professional Services Agreement (all other professional services agreements)
    Professional Services Rider (use only with externally-sourced agreements)
    Construction Agreement
    Facility Use Agreement (generated by the events team using EMS)

  3. Contract Review Requirements- Formal review by the General Counsel’s office is required for Contracts that meet the following criteria regardless of dollar value or length of term:
  • Contracts that exceed or expect to exceed $100,000 (other than sponsored project agreements).
  • Contracts with parties outside of the United States or with a Native American tribe
  • Construction contracts (not including agreements using the standard Willamette template)
  • Information Technology contracts, including contracts for the development or acquisition of software meeting the following conditions:
    • Technology that integrates with our campus infrastructure, network, or shared services
    • Technology that stores or utilizes institutional data, or data that falls under governmental regulations (i.e., FERPA)
    • Services that require Single Sign On or authentication using college data
    • Any contract that would require IT support to deploy, maintain, or service over time
  • Contracts involving any interest in real property
  • Contracts with banks or other financial institutions
  • Contract involving the collection of funds, credit card transactions, or other similar financial transactions
  • Contracts that convey any right or interest in University intellectual property
  • Nondisclosure agreements
  • Contracts involving sensitive or confidential information (i.e., medical information, student records, etc.) such as Business Associate Agreements
  • Any agreement conferring a naming right
  • Any agreement creating an obligation for the University greater than three years (other than sponsored project agreements or related agreements)
  1. Service Contracts - Any contract for services with individual(s), including sole-proprietor businesses, must properly classify the individual(s) as an employee or independent contractor according to federal and state regulations. If the individual is a University employee, Human Resources must be consulted before the individual is classified as an independent contractor.

  2. Record Retention - A repository of all Contracts will be maintained by the Controller’s Office. Once a contract is executed in accordance with this policy, a final signed copy must be uploaded to the Contracts Database . For those departments that have not yet adopted the Contracts Database, a final signed copy must be emailed to contracts-archives@willamette.edu.

  3. Procurement Terms - The University will procure all goods and services on the best terms and at the lowest overall cost consistent with an appropriate level of quality. Acquisition will be without favoritism and on a competitive basis, whenever practical, to obtain maximum value for each dollar expended.

  4. Purchase Approvals and Agreements - Purchases of $10,000 or more should be coordinated with a fiscal officer, dean or vice president and approved in advance. A purchase agreement must be used for purchases of $25,000 or more. If required, a purchase agreement should use the standard agreement template. Refer to #11 for additional details on purchase orders of $10,000 or more.

  5. Purchasing Procedures and Guidelines - All purchases must adhere to University financial policies, funding source terms for grants and gift funds, specific purchasing guidelines for goods and services, and departmental policies.

    Item Description

    Designated Agent

    Purpose

    Computer & Network Hardware, Software, Audio-Visual Equipment, and Telephone Equipment and mobile devices and any information technology services such as software and infrastructure as a service

    WITS

    To ensure that the purchase is compatible with other University software and equipment, meets pre-established minimum hardware configuration and quality requirements, can be properly supported, and are consistent with established policies and priorities for technology purchases (see below).

    Furniture

    Facilities

    To ensure University standards and controls are maintained.

    Paper

    Print Services

    To ensure central procurement savings.

    Willamette Logo Items

    University Communications

    To ensure that University standards are met and that the use of the University logo is appropriate.

    Restricted and Hazardous Materials

    Chemical Hygiene Officer

    To assess risk, ensure compliance with local, state, and federal regulations, and to monitor safe and acceptable storage and use.

    Equipment (with a useful life greater than 1 year and unit cost greater than $10,000) purchased with grant funds

    Office of Grants & Strategic Initiatives; Accounting

    To ensure University complies with the federal Office of Management and Budget Uniform Grant Guidance Title 2, Subtitle A, Chapter II, Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

    Vehicles

    Financial Operations Administration

    To ensure that issues of licensing, insurance, maintenance and storage are properly addressed.
  6. Payment Method - Where possible, purchases of supplies and services should be made using the University’s purchasing card program due to administrative efficiencies and financial benefits. Applicable approved contracts or purchase orders must be included with other supporting documents when the expense report or payment request is submitted.
  7. Conflicts of Interest - All employees involved in the purchasing of goods and services should annually review the Conflict of Interest statements in applicable policies and ensure they are in compliance. Individuals with actual or perceived conflicts should recuse themselves from selection or award. Any actual or perceived conflict of interest by either the person initiating the procurement of goods or services or by the individual approving the request must be disclosed to the appropriate Vice President or Dean prior to a commitment to procure goods or services. This includes, but is not limited to, any circumstances which may provide material or financial gains to the Willamette University employee or a member of his or her family or household or to a business partner.
  8. Bids - University purchasers should solicit bids for goods and services whenever it is to the benefit of the University to do so. The bidding process helps to ensure that Willamette University receives quality goods and services at the best price and terms. It is good practice to obtain three or more quotes for purchases of $10,000 or more when feasible; it is strongly recommended for purchases of $50,000 or more. The exceptions to this requirement are for purchases from Sole Source Vendors or Single Source Vendors. Specific sponsored contracts/grants may require bids or justification for Sole Source Vendors or Single Source Vendors for lesser amounts.
  9. Equipment Leases - In certain circumstances, leasing equipment may be preferable to purchasing. Consult Financial Operations for assistance with a lease/buy analysis. All lease agreements must be approved by the Vice President of Finance & Chief Financial Officer.
  10. Research Procurement

    • Purchases from research funds for supplies, equipment, and services must be in accordance with the terms and conditions of the award. For specific requirements, see the Federal Acquisition Regulations, 2 CFR 220, 2 CFR 215, and the appropriate agency and individual contract/grant terms. In purchases where these limitations are less restrictive, the University’s policy will apply.
    • Research equipment may be purchased only when the equipment is essential to a research project and is not already reasonably available and accessible elsewhere on campus.
    • A completed Vendor Selection Form is required for purchases with a single-item cost greater than $10,000.
    • For purchases over $25,000 (in aggregate) from a particular vendor, the vendor must be verified as eligible to receive federal funds through System for Award Management (SAM) before the order is placed. Any sub-award recipient selected to receive over $50,000 in federal funds would also need to be verified as eligible.
    • Contact the Grant & Restricted Fund Administrator for guidelines and additional information and requirements.

  11. Other Resources includes:

    • 2 CFR 220
    • 2 CFR 215

Effective Date: February 13, 2025
Responsible Person/Primary Contact: Controller
Responsible University Office: Accounting