7.7 Purchasing and Contracting Regulations
The ÖгöÉÙ¸¾ÊÓƵ System of Georgia (ÖгöÉÙ¸¾ÊÓƵ) operates in a complex purchasing and contracting environment, which is governed by laws of the State of Georgia, policies of the Board of Regents, and regulations of the Georgia Department of Administrative Services (DOAS), Georgia Technology Authority (GTA), and Georgia Office of the State Treasurer (OST). Purchasing and contracting regulations will be published in Section 3.0, Purchasing and Contracts, of the Business Procedures Manual.
Except for the contracts for which authority is reserved by the Board or designated to the Chancellor by this Policy Manual, all contracts necessary for the daily operation of each ÖгöÉÙ¸¾ÊÓƵ institution and all contracts for goods and services not regulated by DOAS may be executed by the head of each institution or his or her designee.
7.7.1 General Policy
The ÖгöÉÙ¸¾ÊÓƵ and all of its institutions shall use DOAS for all purchases unless granted permission by DOAS to make purchases directly. ÖгöÉÙ¸¾ÊÓƵ institutions shall comply with the various statutes, rules, and regulations governing purchases with state-appropriated funds and purchases from funds to which the ÖгöÉÙ¸¾ÊÓƵ has title. All purchasing by ÖгöÉÙ¸¾ÊÓƵ institutions shall be centralized under the direct management and control of the chief business officer of the institution concerned.
7.7.2 Employee Purchasing
Absent a specific and approved exemption in state law or as approved by the Chancellor, ÖгöÉÙ¸¾ÊÓƵ employees shall not purchase goods or services for personal use through channels used in the purchase of goods and services for ÖгöÉÙ¸¾ÊÓƵ operations.
7.7.3 Construction Contracts
Unless otherwise provided by these policies, major construction contracts entered into by the Board of Regents require prior approval by the Board.
Construction contracts that involve expenditures of $25,000 or more shall require certification by the contractor that a drug-free workplace is provided to the contractorÖгöÉÙ¸¾ÊÓƵ™s and subcontractorÖгöÉÙ¸¾ÊÓƵ™s employees in accordance with laws of the State of Georgia. All such construction contracts shall contain a certification that the contractor will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract.
7.7.4 Contracts with Veterans Administration
The Chancellor or ÖгöÉÙ¸¾ÊÓƵ institution presidents shall negotiate, execute, and sign in the name of the Regents, all contracts between ÖгöÉÙ¸¾ÊÓƵ institutions and the Veterans Administration or other agencies of the United States Government with respect to education and training, vocational rehabilitation, advisement, and guidance of veterans and otherwise under the provisions of Public Laws 16 and 346, 78th Congress, as amended, and subsequent laws passed by the Congress providing for education and training of veterans.
The ÖгöÉÙ¸¾ÊÓƵ institution covered by such contracts shall submit to the Veterans Administration or other agencies of the United States Government vouchers for services rendered under the provisions of the contract in the name of the institution concerned. Such vouchers will be certified by an official of the institution. Checks drawn on the Treasury of the United States of America in payment of such services shall be made payable to the institution concerned and mailed directly to the institution.
7.7.5 Background Checks of Supplier and Contractor Employees
7.7.5.1 Background Check Requirements for Selected Suppliers
Each ÖгöÉÙ¸¾ÊÓƵ institution shall review services provided by its suppliers and assess the risk when the services require regular interaction with students, employees, monies, sensitive or confidential data, or regular access to secured facilities containing critical institutional-level infrastructure. When an institution determines that background checks of suppliersÖгöÉÙ¸¾ÊÓƵ™ employees should be required, the institution must seek appropriate contractual protections, including requiring that the supplier obtain appropriate background checks for all such supplier employees and defend, indemnify, and hold harmless the Board of Regents of the ÖгöÉÙ¸¾ÊÓƵ System of Georgia for failing to do so. Suppliers shall be fully responsible for implementing and enforcing all appropriate background check requirements. Additionally, suppliers maintain full responsibility for the actions of their employees and contractual provisions shall provide that suppliers shall defend, indemnify, and hold harmless the Board of Regents of the ÖгöÉÙ¸¾ÊÓƵ System of Georgia for the actions of the suppliersÖгöÉÙ¸¾ÊÓƵ™ employees.
7.7.5.2 Background Check Requirements for Construction Contractors and Subcontractors
If required pursuant to law or regulation, as determined by the construction contractor, construction contractors whose employees or whose subcontractorsÖгöÉÙ¸¾ÊÓƵ™ employees provide on-site construction services to a ÖгöÉÙ¸¾ÊÓƵ institution shall conduct background checks of their employees and subcontractorsÖгöÉÙ¸¾ÊÓƵ™ employees.
ÖгöÉÙ¸¾ÊÓƵ institutions shall not require that the construction contractor perform additional background checks. However, on a specific project basis upon written request by a ÖгöÉÙ¸¾ÊÓƵ institution, or on his or her own initiative, the ÖгöÉÙ¸¾ÊÓƵ System of Georgia chief operating officer or his or her designee may require background checks of contractorsÖгöÉÙ¸¾ÊÓƵ™ and subcontractorsÖгöÉÙ¸¾ÊÓƵ™ employees for a specific project and may disqualify certain individuals from working on-site for the specific project. In such instances, the chief operating officer or his or her designee shall provide the construction contractor with specifications on what background checks are required and what the disqualification criteria will be.
ÖгöÉÙ¸¾ÊÓƵ institutions must seek appropriate contractual protections from the contractor, including requiring that the construction contractor conducts and takes appropriate action on any required background checks and defends, indemnifies, and holds harmless the Board of Regents of the ÖгöÉÙ¸¾ÊÓƵ System of Georgia for any failure of the construction contractor to do so and for the actions of the construction contractorsÖгöÉÙ¸¾ÊÓƵ™ employees and subcontractorsÖгöÉÙ¸¾ÊÓƵ™ employees consistent with the current terms of the ÖгöÉÙ¸¾ÊÓƵ construction contract.
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