L - Center For Government Services

Report
ANNA MARIE WRIGHT, QPA
CAMDEN COUNTY PURCHASING AGENT
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PROCUEMENT LAWS
Laws to Regulate the Procurement of
Goods and Services.
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LOCAL PUBLIC CONTRACTS LAW N.J.S.A.
40A:11-1 ET SEQ.
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PUBLIC SCHOOLS CONTRACTS LAW
N.J.S.A. 18A:18A-1 ET SEQ.
COUNTY COLLEGE CONTRACTS LAW
N.J.S.A 18A:64A-25.1 ET SEQ.
ADMINISTRATIVE CODE N.J.A.C. 5:34-1
ET SEQ.
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ITEMS COVERED UNDER THE
VARIOUS LAWS
BID THRESHOLD
QUOTE THRESHOLD
DURATION OF CONTRACTS
TYPES OF PROCUREMENT
COOPERATIVES
MANDATORY BID ITEMS
SPECIFICATIONS
AWARD OF CONTRACTS
AGGREGATION
REJECTION OF BIDS
DISQUALIFICATION OF BIDDERS
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TYPES OF PROCUREMENT
Quote
◦ Goods and Services
◦ Does not have to be advertised
◦ Can be negotiated
Bid
◦ Goods and Services
◦ Advertised 10 days in official
newspaper
◦ Cannot be negotiated (unless tie bid)
Emergency
◦ must address public health, safety
and welfare
◦ Try to obtain quotes if possible
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TYPES OF PROCUREMENT
Competitive Contracting Request for
Proposals
◦ Hybrid of a bid and RFP
◦ Advertised 20 days in official
newspaper
◦ Cannot be negotiated
Cooperative pricing, joint purchasing,
regional cooperative and commodity
resale contracts
◦ Bid with a larger group of entities
◦ Advertised 10 days in the newspaper
◦ Cannot be negotiated (unless tie bid)
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Professional Services 40A:11-5(1)
(a)(i)
◦ Examples – lawyer, architect,
engineer
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Extraordinary Unspecifiable
Services (EUS) 40A:11-5(1)(a)(ii)
◦ Construed narrowly in favor of open
competitive bidding
◦ Local Finance Notice 2002-2
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EXCEPTIONS 40A:11-5
EXCEPTIONS 40A:11-5
Insurance 40A:11-5(1)(m)
◦ Purchase of insurance coverage and
consultant
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Other listed exceptions included
but are not limited to.
◦ Publishing of legal notices 40A:115(1)(j).
◦ The acquisition of artifacts or items
of unique intrinsic, articistic or
historical character 40A:11-5(1)(k).
◦ Those goods and services necessary
or required to prepare and conduct
an election 40A:11-5(1)(l).
◦ Library and educational goods and
services 40A:11-5(1)(q).
◦ Proprietary computer hardware and
software 40A:11-5(1)(dd).
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BID LIMIT/QUOTE THRESHOLD
40A:11-3
Bid limit is $36,000 with a
Qualified Purchasing Agent
Bid limit is $17,500 without a
Qualified Purchasing Agent
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Quotes - 15% of the Bid limit
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Two (2) quotes are required
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DURATION OF CONTRACTS
40A:11-15
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Two years – is standard unless the
agency desires a shorter term.
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Term may be for a longer duration as
permitted in N.J.S.A. 40:A11-15
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Extensions are permitted by one (1)
two year or two (2) one year terms
using the index rate established by
the DCA at the time of the extension.
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Professional services no more than
twelve (12) months.
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Competitive Contracts up to five
years. (40A:11-4.2)
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◦ COOPERATIVE PURCHASING
N.J.A.C. 5:34-7.3
COOPERATIVE PURCHASING
N.J.A.C. 5:34-7.3
Cooperative Pricing
◦ Lead agency advertises for bids;
awards a master contract with
vendor for its owns needs and
bid prices extend to co-op
members; co-op member will
issue own contract directly with
vendor.
Joint Purchasing
◦ Lead agency does the
purchasing for members and
certifies funding for themselves
and members.
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Cooperative Commodity Resale
System
◦ Lead agency procures
commodity and resells this to
Cooperative members.
◦ e.g. gasoline, diesel fuel, road
salt
Regional Cooperative Pricing
◦ Two or more registered
Cooperative Pricing Systems and
their participating units.
◦ For Energy - Electricity, Natural
Gas
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◦ COOPERATIVE PURCHASING
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State Cooperative Purchasing
Program
◦ 40A:11-12
◦ State contract must be extend
to you in order to use.
◦ Quote from Vendor must be
verified.
◦ PO must have contract number
and NJCP1.
◦ COOPERATIVE PURCHASING
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Advantages and Disadvantages
◦ Convenient
◦ Flexible
◦ Time Saving
◦ Are there real financial savings?
National Cooperatives
◦ Local Finance Notice 2012-10
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◦ EMERGENCY CONTRACTS
40A:11-6
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Must affect public health, safety
and welfare and requires
immediate deliver of goods or
performance or services.
Must designate who can declare
emergency within organization.
◦ Should be the Official in charge.
◦ When unavailable or
incapacitated a designee will act
on behalf of Official in charge.
◦ EMERGENCY CONTRACTS
40A:11-6
◦ Must notify purchasing agent or
person of authority.
◦ SHOULD develop protocol in
advance and have a written
policy and procedure.
◦ SHOULD try to obtain quotes if
possible.
◦ Failure to plan is NOT an
Emergency!
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MANDATORY BID REQUIREMENTS
MUST BE SUBMITTED WITH BID
40A:11-23.2
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A guarantee (Bid Bond) - optional
◦ Required when bid exceeds
$100,000 for “construction” .
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A certificate from a surety
company (performance bond)
optional.
◦ Required when bid exceeds
$100,000 for “construction”.
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MANDATORY BID REQUIREMENTS
MUST BE SUBMITTED WITH BID
40A:11-23.2
A listing of “specialty trade”
subcontractors pursuant to N.J.S.A.
40A:11-16.
Acknowledgment of receipt of
addenda.
Any document stated to be
required by the agency.
A statement of Corporate
Ownership. (N.J.S.A. 52:25-24.2)
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SPECIFICATIONS 40A:11-13
A specification is a statement of a
set of requirements to be satisfied
by a product, material or a
process.
Any specification shall be drafted
to encourage free, open and
competitive bidding.
Specification shall require the
furnishing of any “brand name” but
may in all cases require “brand
name or equivalent”.
SPECIFICATIONS 40A:11-13
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A good specification shall:
◦ Identify minimum requirements.
◦ Allow for competitive bidding.
◦ List reproducible test methods to be
used for compliance.
◦ Provide for an equitable award.
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Well written specifications are
essential
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No loopholes for vendors .
But need to be fair to the vendors.
Capable of being met by several vendors.
Must be clear as to bid will be awarded.
Simple but exact.
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ADVERTISEMENT 40A:11-23
Bid – goods and services minimum 10 days.
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ADVERTISEMENT 40A:11-23
Must include
Bid – Solid Waste – min. 60 days.
◦ Bidders are required to comply
with the requirements of P.L.
1999, c. 238, (N.J.S.A. 34:11-56
et seq.) where applicable.
Competitive Contracting – min. 20
days. N.J.S.A. 40A:11-4.5
◦ Entities name and address.
. Must include
◦ Bidders are required to
comply with the requirements
of N.J.S.A. 10:5-31 et seq. and
N.J.A.C. 17:27-1 et seq.
◦ Bid Opening Date and Location.
◦ Bid number and description.
◦ Package Pick up Location.
◦ Pre-Bid information (if applicable).
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INVITATION TO BID
Notice is hereby given that sealed bids for Bid #
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will be received, opened and read in public at the Camden County Division of Purchasing, Courthouse - 17th
Floor, 520 Market Street, Camden, New Jersey 08102 on ,
at
prevailing time by the Camden County
Purchasing Agent or his designee.
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Copies of the bid documents may be obtained at the Camden County Division of Purchasing during regular
business hours. Copies of the bid documents may be obtained at the Camden County Division of Purchasing
during regular business hours. Proposers can register to download all documents from the Camden County
website: http://www.camdencounty.com/government/offices-departments/division-purchasing
All bidders are strongly urged to attend a non-mandatory pre-bid conference to be held at on at
prevailing time.
Proposers are required to comply with the requirements of P.L. 1975, c.127 (N.J.A.C. 17:27) and N.J.S.A. 10:531 et seq. and to comply with the requirements of P.L. 1999, c.238, (N.J.S.A. 34:11-56.25 et seq.) where
applicable.
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All bidders are responsible for obtaining complete bid documentation from the County at the address listed
above. In the event of any inconsistencies between this advertisement, as published, and the bid
documentation, the bid documentation shall control.
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By order of the Board of Chosen Freeholders of Camden County, New Jersey.
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Anna Marie Wright, Camden County Purchasing Agent
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OUTSIDE THE LOCAL PUBLIC
CONTRACTS LAW
Pay To Play N.J.S.A. 19:44A-20.4
et seq.
Affirmative Action NJ.S.A. 10:5-31
et seq.: N.J.A.C. 17:27
Statement of Corporate Ownership
N.J.S.A. 52:25.24.2
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Disclosure of Investment Activities
in Iran. Public Law 2012, c. 25
Prevailing Wage N.J.S.A. 34:1156.25 et seq.
Public Works Contractor
Registration Act N.J.S.A. 34:1156.48 et seq.
Non Collusion N.J.S.A. 52:34.15
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OUTSIDE THE LOCAL PUBLIC
CONTRACTS LAW
Business Registration Act N.J.S.A.
52:32.44
Certification regarding debarment
◦ Required for federally funded
projects.
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Purchasing Policies
To provide guidance and
clarify purchasing procedures.
Defines Purchasing’s Roles and
Responsibilities.
Defines the responsibilities of
the using Departments.
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Purchasing Policies
Outline management's
Commitment to Ethical
Behavior.
Know when to Buy
◦ Right Quality, Right
Quantity, Right Time, Right
Place, Right Source, Right
Manner
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Purchasing Policies Challenges
Purchasing managers must
participate in the formulation
of the policies involving
purchasing issues.
Must clearly define what is
expected of the using
department.
Cannot operate in a vacuum.
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Purchasing Policies Challenges
Purchasing professional must
protect a public entity’s assets
against the danger of loss or
misuse.
They must ensure all
procurement and financial
transactions are properly
authorized.
Policies should be adopted by
the governing body.
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Purchasing Policies Challenges
Integrity, honesty and ethics
are essential traits of a
purchaser, as the money we
spend is not our own.
Public purchasing officials
must perform their job with
sound business shrewdness
and abide by statutory
requirements.
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Purchasing Policies Challenges
Purchasing Officials must
manage all phases of the
purchasing operation.
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Reduce or eliminate rush
orders.
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Discourage favoritism and
increase competition.
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Have knowledge of buying
trends and technology.
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PURCHASING FORMS
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PURCHASING FORMS
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Purchasing Manual
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Bid Boilerplate/Template
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Advertisement
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Bid Award Sheet
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Requisition
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OPRA Request
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Voucher
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Fixed Assets Form
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Resolution/Ordinance
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Purchase Orders
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Emergency Purchase Form
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Quotation Form
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PURCHASING MANUAL
Establishes and describes internal
procedures.
Written for use by all personnel in
the Purchasing Department and
employees that perform the
purchasing functions.
Manual should describe all of the
steps of the purchasing function.
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PURCHASING MANUAL
Needs to address conflict of
interest and ethical issues.
Needs to address the following.
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Requisitions
Purchase orders
Required Signatures
Resolution or ordinance request
Guidance on bidding documents
Award of contracts
Record retention
Accounts payable procedures
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QUOTE FORM
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Should have a sample solicitation
of quotation record form for all
using departments.
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QUOTATION NUMBER:
QUOTATION MUST BE RETURNED NO LATER THAN:
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PRICES MUST INCLUDE DELIVERIES TO THE
INSTITUTIONS.
Quotations must be made on these sheets; no
other form will be accepted.
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Camden County is exempt from any/all sales
taxes.
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Should have all quotes in writing.
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The County of Camden reserves the right to accept
or reject any part or parts thereof.
Quotes can be negotiated.
Delivery to be made not later than
It is understood that prices include containers,
except where specified.
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SUBMITTED
BY_________________________
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Phone Number/Fax: _________________________
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REQUISITION
◦ All required signatures
◦ Internal vendor number
◦ Business Registration
Number
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REQUISITION
◦ Description of goods or
services
◦ Quotes attached
◦ State Contract number
◦ Account number
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PURCHASE ORDERS
Purchase orders are normally
accompanied by terms and
conditions which form the
contractual agreement.
The vendor delivers the
product or service and delivery
is recorded.
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PURCHASE ORDERS
An invoice is sent by the vendor
which is cross-checked with the
purchase order and documents
specifying the goods have been
received.
Invoice and voucher are submitted
for payment.
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CAMDEN COUNTY DEPARTMENT OF PURCHASING
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ADJUSTMENTS TO PURCHASE ORDERS INCREASE/DECREASE/CANCEL OR OTHER CHANGES
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This form must be submitted in duplicate with a copy of original purchase order attached.
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Department requesting the adjustment: _______________________________________
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Purchase Order Number: __________________ Buyer listed on P.O. ______________
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Account number(s) Purchase Order is charged to: _______________________________
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Check one:
Increase ___
Decrease ___
Cancellation ___
Other ___
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Original PO amount: ______________________________________________________
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Amount of increase/decrease:_______________________________________________
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Total Dollar Amount of PO after Increase or Decrease: ___________________________
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Reason for Increase/Decrease/Cancellation or Change: ___________________________
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**PLEASE NOTE: Cancelled PO’s will not be printed…Attach this returned copy to your department copy for
future reference.
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◦ BIDDING PROCESS
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Process should outline the steps
needed to be taken by the using
department to start the
procurement process.
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BIDDING PROCESS
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Bidding Timeline.
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Review of Bids Received with an
award recommendation.
◦ Requisition to start the process.
◦ Memo regarding cost estimate.
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Bid Award – by resolution or
ordinance.
◦ Sufficient funds for project.
◦ Specifications or Scope of Work
to be bid.
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BID TITLE AND NO. _______________________________________________________
Camden County Purchasing
17TH Floor, Courthouse, Camden
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BID RETURN DATE: _______________________________________________________
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ARCHITECT / SPEC WRITE: _______________________________________________
BID AWARD SHEET
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TABULATION
BID BOND
BIDDERS
CONSENT OF
SURETY
AFFIRM
ACTION
NONCOLLUSION
OWNER CH.
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DEBARMENT
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BID TOTAL
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A sound purchasing policy and procedure will
help facilitate timely purchases and eliminate
costly expenditures.
Always look for support from your
administration and governing body.
Reach out to your purchasing peers for
support and guidance.
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