Purchasing
Violation/Penalties
Purchasing Violations:
What is a purchasing violation?
Section 31-7-57 of the MS Code states that when an employee receives goods or services without a purchase order, the agency has no liability for the bill. The employee is held personally liable.
- A purchasing violation is committed when an employee receives goods or services without a purchase order
- A purchasing violation is when an office prepares intentionally two or more office requisitions to the same vendor when one order combined is greater than $1,500. This is done to avoid getting written quotes/sealed bids. This is called splitting a purchase order.
- A violation is when an employee personally utilizes a rebate, gift or prize given to the agency by a vendor.
PLEASE NOTE: When any employee orders or receives goods/services in the name of the Department of Education before requesting a purchase order, the employee will be held personally liable for the bill. Do not send the requisition and invoice to Accounting.
UNALLOWABLE AGENCY PURCHASES
- Individual membership to professional organizations
- Individual Chamber of Commerce membership
- Individual personalization of planners, portfolios or briefcases
- Certificates to state employees, public officials or board members
- Plaques to state employees, public officials or board members
- Awards to state employees, public officials or board members
PENALTIES FOR PURCHASING VIOLATIONS - Reprimands
- Loss of Job
- Fines
- Imprisonment
- Repayment of misspent funds
- Vendor will re-bill order to the individual
Sole Source Justification:
The sole source justification letter should include the following information:
- What will the product be used for?
- Is it compatible with existing equipment?
- Will the product be used for testing or trial use only?
- Do other companies make similiar products that are acceptable?
- How is the product special or unique?
- What can this product do that other products cannot do?
- Is there a copyright or patent on this product?
- Is the manufacturer the only distributor?
- Does the manufacturer only sell to specific distributors instead of direct sales?