Purchasing
Purchasing Exemptions
The goal of Procurement is to acquire best value good and services by leading with fair and transparent competition, preserving public trust and in the spirit of strong financial stewardship.
However, USF Policy allows for specific procurement actions and commodities to be exempt from price competition (USF4.02000, USF4.02010, USF12.002, and the Annual Certification List).
If ever there is a discrepancy between the information listed on this page and the policies, the policies will govern.
The following purchasing actions are exempt from competitive or solicitation processes:
a. Emergency Purchases
When the USF President or designee determines, in writing, that a delay due to the competitive solicitation process would pose an immediate danger to public health or safety or the welfare of USF, including USF tangible and/or intangible assets, or would otherwise cause significant injury or harm, USF may proceed with an emergency purchase. The emergency purchase is limited to the purchase of only the type of items and quantities of items necessary and for only the time period necessary to meet the immediate need.
| Documentation: Written emergency justification, limited scope, and post-purchase documentation.Note: Due to the emergent nature a requisition might be submitted after the purchase was already made or service was ordered to avoide delay in remedy. | |
| Allowable Purchases | Miuse of Exemption |
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Immediate actions to prevent/mitigate danger to public health/safety or significant harm to USF assets or immediate repair of critical infrastructure such as:
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b. Single/Sole Source
Commodities or contractual services available from a single source are exempt from the competitive solicitation process.
Note: If the cost is $150,000 or greater, the Sole/Single Source Certification is subject to protest, and must be signed by a Presidential Delegate in Procurement, and publicly posted for 72 hours, excluding Saturdays, Sundays and Florida State University System holidays.
| Documentation: Provide Single/Sole Source Certificate explaining why the item/service is a single/sole source, why it is not subject to competition from other sources, the necessity for the purchase, and why only this item/service has unique features or qualities needed for the department’s mission. | |
| Allowable Purchases | Misuse of Exemption |
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After market research is conducted, only one source available due to specific need, proprietary IP, exclusive distribution, availability within required timeframe, or compatibility. Examples include:
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c. Purchase from Contracts
USF may make unrestricted purchases from suppliers who hold contracts awarded as a result of formal, public solicitation and Negotiated Annual Price Agreements established by the State of Florida, other governmental entities, other universities in the State University System, or other independent colleges and universities.
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Documentation: Scope and cost alignment, contract is not expired, quote identifies the contract. 1. Obtain a copy of the contract from the source agency (either USF or another agency) |
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| Allowable Purchases | Misuse of Exemption |
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Items and services must be listed under the scope of services and pricing must be verified as equal to or better than pricing awarded through the public contract. Examples include:
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d. Lease of Space
Lease of space less than 5000 sq.ft. when used to support the mission of USF are exempt from public competition.
| Documentation: A description explaining why the good or service qualify for this exemption. Specific focused reasoning must be included. Explanation can be brief if the scope of work clearly demonstrates exemption alignment. | |
| Allowable Purchases | Misuse of Exemption |
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Commodities not subject to competitive solicitation
a. Artistic Services
| Documentation: A description explaining why the good or service qualify for this exemption. Specific focused reasoning must be included. Explanation can be brief if the scope of work clearly demonstrates exemption alignment. | |
| Allowable Purchases | Misuse of Exemption |
Services provided by an individual or group of individuals who profess and practice
skills in the physical or performance arts. Examples include:
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b. Academic Services
Academic reviews. (Not to exceed $50,000)
| Documentation: A description explaining why the good or service qualify for this exemption. Specific focused reasoning must be included. Explanation can be brief if the scope of work clearly demonstrates exemption alignment. | |
| Allowable Purchases | Misuse of Purchases |
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c. Lectures
| Documentation: A description explaining why the good or service qualify for this exemption. Specific focused reasoning must be included. Explanation can be brief if the scope of work clearly demonstrates exemption alignment. | |
| Allowable Purchases | Misuse of Exemption |
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d. Auditing Services
Auditing services, including those services needed to address audit, financial, and fraud related compliance, controls, and investigative matters, or such other related services.
| Documentation: A description explaining why the good or service qualify for this exemption. Specific focused reasoning must be included. Explanation can be brief if the scope of work clearly demonstrates exemption alignment. | |
| Allowable Purchases | Misuse of Exemption |
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e. Legal Services
Legal services, including attorney, paralegal, expert witness, appraisal, arbitrator or mediator services.
| Documentation: A description explaining why the good or service qualify for this exemption. Specific focused reasoning must be included. Explanation can be brief if the scope of work clearly demonstrates exemption alignment. | |
| Allowable Purchases | Misuse of Exemption |
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f. Health Services
Health services involving examination, diagnosis, treatment, prevention, medical consultation or administration. Prescriptive assistive devices for medical, developmental or vocational rehabilitation including, but not limited to prosthetics, orthotics, wheelchairs and other related equipment and supplies, and provided such devices are purchased on the basis of an established fee schedule or by a method that ensures the best price, taking into consideration the needs of the client.
| Documentation: A description explaining why the good or service qualify for this exemption. Specific focused reasoning must be included. Explanation can be brief if the scope of work clearly demonstrates exemption alignment. In some cases demonstration of best price or best value for the client. | |
| Allowable Purchases | Misuse of Exemption |
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g. Services by Non-profit
Services provided to persons with mental or physical disabilities by not-for-profit corporations organized under the provisions of s. 501(c)(3) of the Internal Revenue Code or services governed by the provisions of the Office of Management and Budget Circular A-122.
| Documentation: Proof of nonprofit status and mission alignment. Use of this exemption at USF is rare. Health services are additional exempt elsewhere in statute. | |
| Allowable Purchases | Misuse of Exemption |
Therapeutic/rehabilitative services provided by qualifying non-profits; services under
applicable federal guidance.
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For-profit provider services;
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h. Medicaid Services
Medicaid services delivered to an eligible Medicaid recipient by a health care provider who has not previously applied for and received a Medicaid provider number from the Department of Children and Family Services. This exception will be valid for a period not to exceed 90 days after the date of delivery to the Medicaid recipient and shall not be renewed.
| Documentation: Medicaid eligibility, reimbursement compliance, and documentation. Use of this exemption at USF is rare. Health services are additional exempt elsewhere in statute. | |
| Allowable Purchases | Misuse of Exemption |
Medicaid service delivery to an eligible recipient by a provider lacking a number
(valid for up to 90 days).
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Beyond 90 days; non-Medicaid services; providers previously eligible who did not apply.
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i. Family Placement Services
| Documentation: Statutory authority and client eligibility. Use of this exemption at USF is rare. | |
| Allowable Purchases | Misuse of Exemption |
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j. Training & Educational Services
| Documentation: A description explaining why the good or service qualify for this exemption and should include defined curriculum, learning objectives, and deliverables. | |
| Allowable Purchases | Misuse of Exemption |
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k. Advertising
Advertising, except for media placement services.
| Documentation: A description explaining why the good or service qualify for this exemption and should include defined curriculum, learning objectives, and deliverables. | |
| Allowable Purchases | Misuse of Exemption |
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Purchase of specific advertising space where competition is not possible. Examples include:
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l. Payment to Government Agencies/DSO
Commodities or contractual services provided by governmental agencies, another university in the State University System, direct support and affiliate organizations of USF, political subdivisions, or other independent colleges or universities and health support organizations and faculty practice plans.
| Documentation: If the affiliation of the organization or agency is not immediately clear, you may be asked to provide evidence or documentation that a Supplier is exempt. | |
| Allowable Purchases | Misuse of Exemption |
Purchases directly from governments; another SUS university; USF DSOs; political subdivisions;
independent colleges/universities; health support orgs/faculty practice plans. Examples Include:
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m. Collected Fees
Programs, Conferences, Workshops, or Continuing Education events or other USF programs that are offered to the general public, for which fees have been collected to pay all expenses associated with the program or event.
| Documentation: A description of the event explaining the event, expected attendees (public, usf staff, students or faculty), and event budget including anticipated costs and anticipated revenue including cost of tickets or tickets sold. Quote or contract should clearly reference the event and dates of service should align to event dates. | |
| Allowable Purchases | Misuse of Exemption |
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n. Grant Conferences
Programs, conferences or events that have been specified by a grant, can include, but are not limited to items such as lodging, meeting rooms, services and food.
| Documentation: A description of the event explaining the event, expected attendees (public, USF staff, students or faculty), and event budget including anticipated costs. A copy of the grant with pages highlighted that clearly indicate the purpose. Quote or contract should clearly reference the event and dates of service should align to event dates. | |
| Allowable Purchases | Misuse of Exemption |
| All goods and services related to the offering and production of events, programs or conferences ("events") where USF has been provided funds by an external granting agency. Grant funds must cover 100% of the cost to host the event. |
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o. Granting Agency
Purchases from firms or individuals that are prescribed by state or federal law or specified by granting agency.
| Documentation: A description of why the good or services qualifies for this exemption. A copy of the grant with pages highlighted that clearly indicate the named item/service or supplier. | |
| Allowable Purchases | Misuse of Exemption |
Items mandated by statute/regulation or specified explicitly by granting agency. For Example:
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Items not mandated; extrapolated interpretations; vague references. For Example:
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p. Utilities
Regulated utilities and governmental franchised services.
| Documentation: Must demonstrate lack of competition or monopoly of a single utility provider for the area. | |
| Allowable Purchases | Misuse of Exemption |
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r. Resale Purchases
The purchasing items or contractual services for the purpose of reselling to the public
for the benefit of USF where the result is zero cost to USF (Net Zero) or revenue
(Net Positive). Examples include:
- purchase of plants for resale by USF Botanical Gardens
- revenue share agreements between USF and educational provider for professional development
or certificate courses
| Documentation: A description of why the good or services qualifies for this exemption. A description of where the items will be sold, the target audience and budget showing cost of the item and sale price of the item. | |
| Allowable Purchases | Misuse of Exemption |
The purchasing items or contractual services for the purpose of reselling to the public
for the benefit of USF where the result is zero cost to USF (Net Zero) or revenue
(Net Positive). Examples include:
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s. Accounting Services
| Documentation: A description of why the good or services qualifies for this exemption. Clear separation from audit services. | |
| Allowable Purchases | Misuse of Exemption |
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t. Software Implementation/Training
Implementation/programming/training services available from owner of copyrighted software or its contracted vendor.
| Documentation: Services must be incidental and integral to the software purchase. | |
| Allowable Purchases | Misuse of Exemption |
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u. Sponsored Research Exemptions
Purchases of materials, supplies, equipment, or services for instructional or sponsored research purposes when a director of sponsored research or designee certifies that, in a particular instance, it is necessary for the efficient or expeditious prosecution of a research project in accordance with sponsored research procedures or to attain the instructional objective.
| Documentation: A Sponsored Research Exemption Form signed by a Presidential Delegate in the USF Research Office must accompany the purchase request. | |
| Allowable Purchases | Misuse of Exemption |
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Direct owner Purchase Order per BOG regulation 14.007(4).
| Documentation: Documentation must state the statutory/policy authority (e.g., capital project appropriation and USF construction program authority), and the project purpose and why the materials are part of the public facility construction (not a convenience item). Good provider must not be the good installer. | |
| Allowable Purchases | Misuse of Exemption |
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Purchase of Insurance per BOG Regulation No. 18.001
| Documentation: University-wide insurance and risk management programs are purchased and maintained by USF Environmental Health and Safety (EHS); the purchase of additional specific insurance policies should be authorized by Environmental Health and Safety. | |
| Allowable Purchases | Misuse of Exemption |
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Insurance for the coverage or benefit of individuals |
Exemptions allowable under the USF Annual Certification Certificate
1. Copyrighted Computer Software and Software Liscenses
Acquisition of copyrighted computer software and software licenses when price competition is not possible, and the purchase is made from the vendor holding the copyrights or sole franchise distributor.
| Documentation: A description explaining why the good or service qualify for this exemption. Should not be granted when competition is available for software which can perform similar functions. Specific focused reasoning must be included. Explanation can be brief if the scope of work clearly demonstrates exemption alignment. | |
| Allowable Purchases | Misuse of Exemption |
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Software where reasonable competition can be performed among products with similar features examples include (but are not limited to):
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2. Copyright and Single Source Instruction Materials
Acquisition of copyrighted and single source instruction materials, tapes, publications, manuscripts, films and related materials when price competition is not possible ad purchase is made from vendor holding copyrights or the sole franchise distributor.
| Documentation: A description explaining why the good or service qualify for this exemption. Specific focused reasoning must be included. Explanation can be brief if the scope of work clearly demonstrates exemption alignment. | |
| Allowable Purchases | Misuse of Exemption |
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3. Live animals/feed & Environmental Supplies/Equipment
Acquisition of live animals, animal feed, and environmental supplies/equipment for instructional and research efforts wherein the selection must be determined by the expert opinion of the buyer, in consideration of genetic background quality, body weight, and special diet condition, to attain the research or instructional objective.
| Documentation: A description explaining why the good or service qualify for this exemption. Specific focused reasoning must be included. Explanation can be brief if the scope of work clearly demonstrates exemption alignment. | |
| Allowable Purchases | Misuse of Exemption |
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Types of items allowed:
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4. Proprietary Maintenance Services/Repairs/Replacement
Acquisition of maintenance service and/or repair or replacement parts for existing equipment and systems when no other vendor’s services or parts can be utilized.
| Documentation: A description explaining why the good or service qualify for this exemption. Specific focused reasoning must be included. Explanation can be brief if the scope of work clearly demonstrates exemption alignment. | |
| Allowable Purchases | Misuse of Exemption |
| Maintenance services for technical equipment that must be performed by a manufacture
certified entity in order to maintain the warranty. Replacement parts are proprietary and must be purchased by the manufacturer. |
General preventative maintenance and services where competitition is available. |
5. Technical Instruments & Supplies for Medical Instruction, Research and Patient Care
Acquisition of technical instruments and supplies for medical instructions, medical research and patient care wherein the selection is determined by the expert opinion of the user directly responsible for the establishment of the objective serviced by the acquisition. The file of each such purchase will be adequately documented to support the determination.
| Documentation: A description explaining why the good or service qualify for this exemption. Specific focused reasoning provided by a subject mater expert must be included. Explanation can be brief if the scope of work clearly demonstrates exemption alignment. | |
| Allowable Purchases | Misuse of Exemption |
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The purchase of common laboratory, office and clinical items not directly involved with patient care such as:
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6. Memberships in Professional Organizations or Consortium
The acquisition of a membership in a professional organization or consortium.
| Documentation: A description explaining why the good or service qualify for this exemption. Specific focused reasoning must be included. Explanation can be brief if the scope of work clearly demonstrates exemption alignment. | |
| Allowable Purchases | Misuse of Exemption |
Membership should be at a department, unit or institutional level and must advance
the mission of USF to provide world class education and research. Examples include:
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Memberships for the benefit of a sole individual or for the personal career advancement
of an individual.
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7. Services Provided by Foreign Vendors
The acquisition of services provided by foreign vendors for services taking place outside of the United States.
| Documentation: A description explaining why the good or service qualify for this exemption. Specific focused reasoning must be included. Explanation can be brief if the scope of work clearly demonstrates exemption alignment. | |
| Allowable Purchases | Misuse of Exemption |
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The intent of this exemption is to ensure safety and service quality when working with foreign vendors. Examples include:
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8. Student Recruitment Services
The acquisition of student recruitment services.
| Documentation: A description explaining why the good or service qualify for this exemption. Specific
focused reasoning must be included. Explanation can be brief if the scope of work
clearly demonstrates exemption alignment. |
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| Allowable Purchases | Misuse of Exemption |
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