| Topic: | Financial and Operations |
|---|---|
| Approval Authority: | Board of Governors |
| Approval Date: | 2007/06/25 |
| Effective Date: | 2007/06/25 |
| Last Revised: | 2024/04/30 |
1. Purpose
1.1 This policy establishes the principles for and the context within which University procurement activity may occur.
1.2 York University aspires to high ethical, legal, environmental, managerial and professional standards in the management of the resources entrusted to it. Within this context, the University’s procurement function shall be performed in an open, fair and transparent manner where goods and services are procured in a competitive environment and where all transactions yield the optimal benefit to the University in the circumstances.
2. Scope and Application
This policy shall apply to all University employees when conducting acquisitions.
3. Definitions
For the purposes of this Policy, the terms
a) Acquisition: goods and services obtained, such as purchase, lease or rent, and expended from University operating, capital, ancillary, special purpose and research funds.
b) Conflict of interest: any situation where an employee’s personal interest clashes or conflicts with the interests of the university which may affect or perceive to affect an employee from acting impartially in the university’s best interest.
c) Execution of procurement: the proper due diligence, procedures and signing authorities required to purchase goods and services at the University.
d) Gift and gratuities: instances where individuals, corporations or firms exchange gifts, benefits or favours in a manner which could or perceive to curry favour with University employees.
e) Undue Influence: a situation where pressure or persuasion is used to subvert the University’s interests and obligations for personal or individual benefit.
4. Policy and Guidelines
4.1 York University shall adopt leading procurement principles and practices, subject to applicable provincial and federal laws, trade agreement obligations and other University policies, procedures and guidelines as arise from time to time.
4.2 York University is committed to promoting the values of sustainability and social responsibility. To the degree possible, the University shall incorporate environmental, social and ethical sourcing standards into its procurement practices, and give favorable consideration in its evaluation process to those goods and services which reflect this commitment to sustainability or broader social responsibility.
4.3 All acquisitions of goods and services shall be pursuant to the Procedures issued under this Policy, and guidelines created from time to time by the Director, Strategic Procurement Services.
4.4 York University shall award contracts for goods or services using the most appropriate procurement practices based on the acquisition methods described in the procedures issued pursuant to this Policy.
4.5 Conflict of Interest
a) York University shall not acquire goods and services from a business or other entity owned by an officer or employee of the University or from anyone who is not at arm's length from any officer or employee, including any corporation or other business entity in which an employee or someone with whom he/she has a non arms length relationship holds a controlling interest (either directly or indirectly).
b) No University employee shall take any steps to influence the acquisition of goods or services from any corporation or other business entity in which the employee or those with whom he/she has a non arms length relationship hold a controlling interest (either directly or indirectly).
c) Notwithstanding the foregoing, in rare circumstances, if and when appropriate and in the best interests of the University, upon full disclosure of a conflict or the perception of a conflict pursuant to any procedures set out therefore, the Vice-President, Finance and Administration may consider whether any such conflict exists and if so whether it may be waived or otherwise resolved, and may thereafter and on such terms as are deemed appropriate, approve a proposed acquisition from a University employee or a person or entity not at arms length from the employee.
d) York University shall not seek to acquire goods or services from any member of the Board of Governors or any person or business entity in which a governor or person who is not arms length from a governor holds a substantial interest (either directly or indirectly), except insofar as any such dealings are approved in advance pursuant to the Board of Governors policies and procedures on Conflicts of Interest.
4.6 Gifts and Gratuities
No University employee or agent shall accept gifts, benefits or favours from individuals, firms or corporations with which the University does or may do business, except as token courtesies or except on behalf of the University and for the University’s benefit. To ensure transparency and fairness and to avoid conflict of interest, gifts, benefits or favours shall be declared to the Department Head who will use his/her judgment in this regard.
4.7 Undue Influence
No University employee or agent shall attempt to influence the purchase of goods or services for the University on the basis of the supplier’s previous record of philanthropic giving to the University or on the basis of the supplier’s stated intent to give to the University in the future.
4.8 Execution of Procurement
All documentation relating to the procurement of goods and services shall be executed subject to the University’s Signing Authority Policy and related procedures and guidelines.
5. Roles and Responsibilities
The Vice-President Finance and Administration will be responsible for the implementation of this Policy and has the authority to develop procedures to that effect.
6. Review
The Vice-President Finance and Administration will review this Policy every 5 years at a minimum. During the review, the policy will remain in full force and effect.
| Legislative History: | Replaces Policy on Purchasing of Goods and Services (1999). Approved by the Board of Governors: 2007/06/25; Revised and approved by the Board of Governors 2024/04/30 |
|---|---|
| Date of Next Review: | May 2029 |
| Related Policies, Procedures and Guidelines: |