Nondiscrimination and Legally Required Preferential Consideration

Scope

This policy provides guidance for utilization of suppliers who qualify for preferential consideration when acquiring goods or services.

Reason for Policy

To ensure compliance with laws mandating preferences for suppliers and sourcing activities as part of the University’s procurement function ("Preference Requirements"). As and where required by law, these preferences may include, but are not limited to, Missouri firms, minority business enterprises, women business enterprises, and service-disabled veteran business enterprises.

Policy Statement

Preference shall be given to Missouri products, materials, services and firms when the goods or services to be provided are equally or better suited for the intended purpose and can be obtained without additional cost. Firms are considered "Missouri firms" if they maintain a regular place of business in the State of Missouri.

The University shall award all contracts and purchase orders on a fair and equitable basis, in accordance with applicable laws and its policy to not discriminate against any individual or business enterprise, including any owned or operated by women, minority group members, veterans, or socially or economically disadvantaged individuals.

When a procurement involves the expenditure of federal funds, or federal law is otherwise applicable, the University shall comply with Preference Requirements specified in such federal law and authorized regulations and terms of federal contracts which are mandatorily applicable to the University.

When a procurement involves the expenditures of non-federal funds, or state law is otherwise applicable, the University shall comply with Preferential Requirements specified in such state law and authorized regulations and terms of state contracts which are mandatorily applicable to the University.

Definitions

Accountabilities

UM System Procurement/MUHC Supply Chain:

• Provide information to suppliers on the procurement function of the University.
• Incorporate any mandatory Preference Requirements into the procurement process.
• Solicit suppliers on procurement opportunities in compliance with mandatory Preference Requirements.
• Award all contracts and purchase orders on a fair and equitable basis, in accordance with University policy to not discriminate against any business enterprise. 
• Identify contractors meeting mandatory Preference Requirements that are qualified to compete for business opportunities with the University.
• Education suppliers.
• Monitor compliance with any mandatory Preference Requirements.

Additional Details

Forms

Related Information

History

This policies combines the following former policies:

• Business Policy Manual 304 – Preferential Consideration (revised 5/26/1999)
• Purchasing Policy Manual 503 – Preferential Considerations

Procedure