AMERICAN BAR ASSOCIATION. Purchasing Policies and Procedures

Transcription

1 Use online form only Rev AMERICAN BAR ASSOCIATION 321 North Clark Street Chicago, Illinois (312) Purchasing Policies and Procedures Thank you for your interest in providing services or goods to the American Bar Association (ABA). The purpose of this document is to acquaint you with our purchasing and payment policies and procedures. These procedures are designed to ensure that the ABA s funds are expended in accordance with sound business practices, are recorded in compliance with acceptable accounting procedures, and meet the requirements of federal and state agencies that fund some of the activities of the ABA. All forms are accepted in electronic format only to minimize errors in creating and verifying your vendor record. Please type directly into the shaded form fields. Fields will scroll to accommodate additional text. To mark appropriate checkboxes ( ), simply click on them. Any supporting documents provided should be titled and noted as Attachment A, Attachment B, etc. Forms that are not completed entirely are ineligible for processing. Qualified Contractors/Vendors/Suppliers The ABA will procure goods and services only from qualified suppliers. In addition to the New Vendor Information form included in the packet, new vendors must also provide the appropriate IRS W-9 or W-8 form. All domestic companies and US citizens must provide an IRS W-9 form. Download from International companies and individuals must submit an appropriate version of the IRS W-8 form. International companies can download a W-8BENE from International individuals can download a W- 8BEN from If a completed Form W-8 is not received, or it is determined that it is not required, the International Vendors Documentation of Non-Receipt of W-8 Form (included in this packet) must be completed, signed, and submitted to Purchasing before any vendor is entered into our procurement system and payment made for goods or services. Debarment and Suspension Policy All suppliers will be verified to see that they are not debarred or suspended from participating in US government funded projects or grants. Debarred or suspended suppliers cannot be added to our approved supplier database. The verification uses the Excluded Parties List System web site maintained by the US Government. International vendors are verified using the Office of Foreign Assets Control (OFAC) Designated Nationals (SDN) list. Insurance Requirements All suppliers providing services on the premises of the ABA or providing transportation services must provide a certificate of insurance with the name of ABA as the Certificate Holder and Additional Named Insured. Certificate of insurance requirements are included in this packet. ABA s Conflict of Interest Policy This policy requires that suppliers disclose any relationship they may have with a current employee of the ABA. The attached New Vendor Information form requires that you attest that there is no relationship; or if a relationship does exist, a letter needs to be submitted to the ABA Ethics Office for consideration. The ABA also has Business Conduct Standards which suppliers must agree to follow. These Standards can be downloaded from the American Bar Association s website. Quotes/Estimates/Bids Prior to preparation of an ABA purchase order requisition, you will be asked to provide quotes, estimates, or bids for all goods and services. Contracts The ABA s Contract Policy requires that some goods and all service purchases have contracts. Contracts are binding only when signed by a Senior Manager or other staff members that have received contract signing authority from the Executive Director. The ABA s General Counsel seal must appear on all ABA contracts. Purchase Orders ABA purchase orders are issued only by the ABA Purchasing Office. The names of authorized buyers appear on the New Vendor Information Form. It is important for suppliers to remember that no individual, office, or department of the ABA can authorize items or services to be delivered or performed prior to the supplier s receipt of an ABA purchase order number and fully executed contract (if required).

2 Payment It is the responsibility of the vendor to include the authorized purchase order number on all invoices and submit invoices for payment directly to the ABA s Accounts Payable Department. The ABA is not responsible for finance charges or late fees that result from the vendor failing to comply with this requirement. a PDF of the invoice to the Accounts Payable Department at ap@americanbar.org. You may also send a copy to the requester. If you would like to receive your payment by ACH, please send an to ap@americanbar.org for instructions. The ABA s standard payment terms are 45 days or 2% net 15. To accelerate payments, you may participate in a Single Use Account secure electronic virtual credit card payment system from J.P. Morgan Chase. If you have any questions, please contact ap@americanbar.org or visit American Bar Association reserves the right to withhold payment if appropriate documentation is not received If an international company or international individual requests payment by Wire Transfer, include the banking institution information identified on the New Vendor Information Form on your invoice. If you have any questions regarding the ABA s purchasing policies and procedures or forms, please do not hesitate to contact the ABA Purchasing Office at (312) or purchasing@americanbar.org Questions regarding payments should be directed to Racquel Christin, Accounts Payable Supervisor, at (312) X Manual or Electronic Signature Signifies Agreement to Purchasing Policies and Procedures 2

3 Use Online Version Only Rev American Bar Association Vendor Information Form Forms are accepted in electronic format only Attach a completed IRS W-9 or IRS W-8 (as applicable) Return this form and attachments to the ABA Purchasing Office at purchasing@americanbar.org Name: Business Name, if different than above Doing Business As (DBA): (Please note that the name on the contract, purchase order, and invoice must all be the same. Payment will be made to the name on these documents.) Social Security Number (SSN) or Federal Employer Identification Number (FEIN): SIC Code: Address: City, State/Province, ZIP/Postal Code, Country: Address for Payment (if different than above): City, State/Province, ZIP/Postal Code, Country for payment: National Identification Number, if applicable: Website Address, if applicable: Dun & Bradstreet Number, if applicable: Contact Person for Sales/Ordering: Phone Number: Fax Number: Vendor accepts payment under ABA Standard Payment Terms (Net 45 Days or 2% Net 15). Vendors who are individuals are paid with Immediate Payment Terms and processed as soon as possible in the next scheduled payment run. For vendor requesting other terms: request Payment Terms Exception Request from Purchasing@americanbar.org and forward to ABA staff requester to obtain approvals. For vendors requesting payment by ACH, send to ap@americanbar.org for instructions. For vendors requesting payment by secure electronic virtual credit card payment system from J.P. Morgan Chase, send an to ap@americanbar.org for instructions. International vendors requesting payment by Wire Transfer should include the following banking institution information with their invoice: Beneficiary Name - Full Name on Bank Account Beneficiary Bank Routing Number for Wire Transfers Beneficiary Bank Account Number Beneficiary Bank Name and Address Beneficiary Bank SWIFT Code, IBAN Code and/or CHIPS Code (as applicable) Other beneficiary bank country requirements (e.g., specific country or bank codes, reason for payment) Correspondent US Bank Name and Address (if applicable) Correspondent US Bank ABA or Routing Number (if applicable) Any other text to be included For US Vendors, Ownership Type (check all that apply). Attach all certifications to this applicable form* MBE (Minority Owned Business Enterprise) WBE (Women Owned Business Enterprise) MWBE (Minority and Women Owned Business Enterprise) S-DVBE (Service-Disabled Veteran Owned Business Enterprise) DBE (Disabled Owned Business Enterprise) VBE (Veteran Owned Business Enterprise) LGBTBE (Lesbian, Gay, Bisexual, Transgender Owned Business Enterprise) Small Business HUB Zone Business *Certification is valid for period approved by certifying organization. For US Vendors, Race/Ethnicity/National Origin of the Qualifying Owner(s): African American/Black Hispanic Asian Subcontinent Asian American Native American Other Debarment Status: Are you excluded by the U.S. Government from receiving Federal contracts or certain subcontracts and from certain types of Federal financial and nonfinancial assistance and benefits or listed on the Office of Foreign Assets Control (OFAC) Specifically Designated Nationals (SDN) list? Yes No Please advise of the type of goods and/or services you provide: Procurement Protocol: The ABA does not recognize and may not pay invoices which do not reference an ABA purchase order number. In order to avoid this problem, please insist upon a purchase order number when conducting a sale with the ABA. ABA Purchasing Office: The Purchasing Office can be contacted at or by at purchasing@americanbar.org. Business Conduct Standards: The BCS apply to suppliers whenever performing services or supplying goods to the ABA, as well as employees and members. They reflect the ABA s commitment to serving our members by promoting justice, professional excellence and respect for the law. By following these standards, our suppliers, employees and members exhibit integrity, ethics and fair dealing. The BCS prohibits relationships with suppliers that involve a conflict of interest. If you have a relationship with an ABA employee, please explain. The BCS can be downloaded from the American Bar Association s website. X Manual or Electronic Signature Signifies Agreement to Terms, Purchasing Policies and Procedures, Procurement Protocol, and Business Conduct Standards Date: a PDF of your invoice to: The Accounts Payable Department, ap@americanbar.org, or mail to 321 North Clark Street, Accounts Payable Department, Chicago, IL Include banking institution information noted above if payment by Wire Transfer is being requested.

4 AMERICAN BAR ASSOCIATION INTERNATIONAL VENDORS DOCUMENTATION OF NON RECEIPT OF W 8 FORM NAME OF VENDOR: DATE W8 FORM REQUESTED: IS THIS AN INTERNATIONAL VENDOR? IS THIS A PAYMENT FOR SERVICES? NAME OF EMPLOYEE REQUESTING FORM: HAVE YOU CONFIRMED THAT THE VENDOR PAYMENTS ARE NOT RELATED TO GOODS SHIPPED INTO THE UNITED STATES NOR RELATED TO SERVICES PERFORMED WITHIN THE UNITED STATES? IF YOU CANNOT CONFIRM THIS, A FORM W 8 IS REQUIRED. IF NO FORM W 8 WAS REQUESTED, PLEASE INDICATE WHY BELOW. IMMEDIATE SUPERVISOR SIGNATURE DATE COMPLETED FORM MUST BE SENT TO PURCHASING ALONG WITH THE NEW VENDOR INFORMATION FORM IF NO FORM W 8 IS INCLUDED.

5 Rev Instructions (Chicago): Certificates of Insurance (COI): On-Site Contractors/Vendors 1. Select the Chicago hold-harmless form (Chicago Use Only). 2. Return the signed hold-harmless form to Administrative Services and GCO. The hold-harmless form should accompany the iprocurement requisition and/or the Lawtrac vendor contract submission. 3. Send the compliant certificate of insurance to Facility Services to the attention of and 4. Attach the compliant certificate of insurance to the iprocurement requisition. 5. If the request is a Lawtrac submission, a compliant certificate of insurance should accompany the request. 6. Facility Services will forward the certificate of insurance to property manager for required property manager compliance review prior to work commencing. Instructions (DC, Texas and California): 1. Select the appropriate hold-harmless form (DC Use Only or CA/TX Use Only, as applicable). 2. Return the signed hold-harmless form to Administrative Services, GCO and Travis.Sumner@americanbar.org. The hold-harmless form should accompany the iprocurement requisition and/or the Lawtrac vendor contract submission. 3. Send the compliant certificate of insurance to Washington Square Limited Partnership, L.L.P. c/o Lerner Corporation, 1050 Connecticut Avenue, N.W., Suite Lower Level 10, Washington D.C Attn: David S. Howell. Fax a copy to (202) and copy to DHowell@lerner.com 4. Send compliant certificate of insurance to DC Facility Services to the attention of Travis.Sumner@americanbar.org and a copy to Purchasing@americanbar.org. 5. If the request is a Lawtrac submission, a compliant certificate of insurance should accompany the request. Certificate of Insurance and Hold-Harmless Form Questions: BuildingAdminServicesChi@americanbar.org; Victor Lagos at (312) iprocurement Questions: Purchasing@americanbar.org; LaShaun James at (312) Location-specific considerations (language pulled from leases): Harlingen, Texas (202 S. 1 st Street Location): Repairs must be completed by trained, qualified and insured repair persons. Landlord: Reese Plaza Development, LLC 4903 E. Grimes Street Harlingen, TX Attention: Todd Aune taune@ctoinc.net Harlingen, Texas (222 East Van Buren Location): Must refer all contractor rendering any service on or to the premises to Landlord for Landlord approval. Contractor must comply with Landlord s rules and regulations pertaining to construction and installation. This applies to all work performed on or about the premises, including installation of telephones, telegraph equipment, electrical devices and attachments and installations of any nature affecting floors, walls, woodwork, trim, windows, ceilings and equipment or any other physical portion of the Premises. Landlord: Edison Commercial, LP 1209 S. 10 th Street, Ste A387 McAllen, TX Attention: Sergio Adame (956)

6 Houston, Texas (1303 San Jacinto): No additional considerations. Landlord: South Texas College of Law 1303 San Jacinto Street Houston, TX Attention: Gregory A. Brothers San Diego, California (2727 Camino del Rio South, Suite 223): Must refer all contractors rendering services on premises to Landlord for approval prior to performance of any work or services. Landlord: Redwood Hendee Associations c/o Cornerstone Realty Group 2727 Camino del Rio South, #135 San Diego, CA Contact: Kris Francis, 2

7 Contractors and Sub-Contractors HOLD HARMLESS FOR USE OF PREMISES AGREEMENT I. Hold Harmless and Indemnification: Chicago Use Only (Contractor) shall indemnify and hold harmless 321 North Clark Property LLC, [Hines Interests Limited Partnership], 321 North Clark Street Ventures LLC and the American Bar Association, and all of their subsidiaries, agents, members, officers and employees from and against all claims, damages, losses and expenses including attorneys fees arising out of or resulting from the performance or use of premises, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting there from, and (2) is caused in whole or in part by any act or omission of (Contractor), any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. II. Insurance Coverage Requirements: Insurance Companies must have AM Best rating of A, X (minimum or greater) Workers Compensation Statutory benefits Employer s Liability $1,000,000 each accident $1,000,000 disease each occurrence $1,000,000 disease policy limit General Liability (including contractual liability) Limit of Liability $1,000,000 each occurrence $2,000,000 general aggregate $2,000,000 products/completed operations aggregate $ 10,000 Medical Payments Automobile Liability Limits of Liability $1,000,000 each accident Commercial Umbrella Liability Limits of Liability $5,000,000 each occurrence $5,000,000 annual aggregate III. Certificate of Insurance Requirements: 1. Contractor is required to give a certificate of insurance to the American Bar Association that evidences the above insurance coverages prior to the start of work. 2. The certificate of insurance must: a. Show the required coverages in Section II in place during the period the services are provided; b. Identify Hines Interests Limited Partnership as the certificate holder; c. Identify 321 North Clark Property LLC, Hines Interests Limited Partnership, 321 North Clark Street Ventures LLC and the American Bar Association as an additional insured; and d. Have the any auto box checked under Automobile Liability, if applicable. For all Workers Compensation and General Liability coverages, Insurer agrees to waive the right of subrogation against the American Bar Association, and all of its subsidiaries, agents, members, officers and employees. Contractor will cause the liability assumed under this Agreement to be specifically insured under the contractual liability section of the liability insurance policies. The General Liability and Automobile Liability policies will be primary without right of contribution from any insurance or self-insurance by the American Bar Association. Contractor will be solely responsible for all self-insured retentions and deductibles. Compliance

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9 Contractors and Sub-Contractors HOLD HARMLESS FOR USE OF PREMISES AGREEMENT I. Hold Harmless and Indemnification: DC Use Only (Contractor) shall indemnify and hold harmless Washington Square Limited Partnership, L.L.P., Lerner Corporation, Lerner Enterprises, LLC, and the American Bar Association, and all of their subsidiaries, agents, members, officers and employees from and against all claims, damages, losses and expenses including attorneys fees arising out of or resulting from the performance or use of premises, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting there from, and (2) is caused in whole or in part by any act or omission of (Contractor), any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. II. Insurance Coverage Requirements: Insurance Companies must have AM Best rating of A, X (minimum or greater) Workers Compensation Statutory benefits Employer s Liability $1,000,000 each accident $1,000,000 disease each occurrence $1,000,000 disease policy limit General Liability (including contractual liability) Limit of Liability $1,000,000 each occurrence $2,000,000 general aggregate $2,000,000 products/completed operations aggregate $ 10,000 Medical Payments Automobile Liability Limits of Liability $1,000,000 each accident Commercial Umbrella Liability Limits of Liability $5,000,000 each occurrence $5,000,000 annual aggregate III. Certificate of Insurance Requirements: 1. Contractor is required to give a certificate of insurance to the American Bar Association that evidences the above insurance coverages prior to the start of work. 2. The certificate of insurance must: a. Show the required coverages in Section II in place during the period the services are provided; b. Identify Washington Square Limited Partnership, L.L.P. c/o Lerner Corporation, 1050 Connecticut Avenue, N.W., Suite LL10, Washington, DC and the American Bar Association as the certificate holders; c. Identify Washington Square, LLC, L Square, L.L.C., Lerner Corporation, Lerner Enterprises, LLC, Tower Washington Square GP, L.L.C, Tower D.C. Holdings, LLC, Metropolitan Life Insurance Company, SM KP Finance, LLC (c/o Square Mile Capital Management, LLC) and the American Bar Association as an additional insured; and d. Have the any auto box checked under Automobile Liability, if applicable. For all Workers Compensation and General Liability coverages, Insurer agrees to waive the right of subrogation against the American Bar Association, and all of its subsidiaries, agents, members, officers and employees.

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11 Contractors and Sub-Contractors HOLD HARMLESS FOR USE OF PREMISES AGREEMENT I. Hold Harmless and Indemnification CA/TX Use Only (Contractor) shall indemnify and hold harmless the American Bar Association, and all of its subsidiaries, agents, members, officers and employees from and against all claims, damages, losses and expenses including attorneys fees arising out of or resulting from the performance or use of premises, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting there from, and (2) is caused in whole or in part by any act or omission of (Contractor), any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. II. Insurance Requirements - Contractor Insurance Companies must have AM Best rating of A, X (minimum or greater) Workers Compensation Statutory benefits Employer s Liability $1,000,000 each accident $1,000,000 disease each occurrence $1,000,000 disease policy limit General Liability (including contractual liability) Limit of Liability $1,000,000 each occurrence $2,000,000 general aggregate $2,000,000 products/completed operations aggregate $ 10,000 Medical Payments Automobile Liability Limits of Liability $1,000,000 each accident Commercial Umbrella Liability Limits of Liability $5,000,000 each occurrence $5,000,000 annual aggregate Contractor is required to give a certificate of insurance to the American Bar Association that evidences the above insurance coverages prior to the start of work. The certificate of insurance must (1) show the required coverages in place during the period the services are to be provided, (2) include the American Bar Association as an additional insured, and (3) the any auto box must be checked under Automobile Liability, if applicable. For all Workers Compensation and General Liability coverages, Insurer agrees to waive the right of subrogation against the American Bar Association, and all of its subsidiaries, agents, members, officers and employees. Contractor will cause the liability assumed under this Agreement to be specifically insured under the contractual liability section of the liability insurance policies. The General Liability and Automobile Liability policies will be primary without right of contribution from any insurance or self-insurance by the American Bar Association. Contractor will be solely responsible for all self-insured retentions and deductibles. Compliance with any of the types and limits of insurance stipulated herein will not be construed to limit liability of Contractor, all of its subcontractors, vendors, or other third-party agents. Contractor warrants that the individual who has signed this Agreement has the actual legal power, right and authority to execute this Agreement. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by Contractor and the American Bar Association.

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13 Rev Certificates of Insurance (COI): Transportation Service Contracts Requirements for transportation services companies in the United States: Commercial General Liability Coverage, Automobile Liability Coverage, and Umbrella/Excess Liability coverage, written with insurance carriers with a minimum AM Best rating of A-, VIII. The transportation services must be performed between the effective date and the expiration date of the policy on the COI. Minimum amounts of insurance coverage for transportation companies in the United States: Commercial General Liability of at least $1 million for each occurrence/$2 million general aggregate and the occurrence box must be marked. The COI must show Automobile Liability of at least $1 million combined single limit (CSL) and the any auto box must be marked. The Umbrella/Excess Liability of at least $5 million each occurrence and in aggregate and the occurrence box must be marked. Required additional insured language: The American Bar Association must be named as additional insured at the bottom of the COI in the box that reads Description of Operations. Any one of the following ways to name the American Bar Association as an additional insured is acceptable: a. The American Bar Association is named an additional insured. b. Certificate Holder is an additional insured* c. Additional Insured named below* Deadline for submitting the COI to the ABA: The transportation services provider must submit the COI before the contract is submitted for GCO approval. The COI and the contract must be submitted together for approval. For transportation services contract not requiring GCO approval, the COI must be obtained before the ABA signs the contract, which must be done before the transportation company performs the services. Requirements for third-party transportation services provider hired by a destination management company or travel services company: A COI naming American Bar Association as an additional insured from the third-party transportation services provider (i.e., the actual provider of the transportation services). If the destination management company or travel services company provides the transportation services, then that company must issue the COI. Overseas (i.e., outside the U.S.) Requirements: The ABA requires compliance with all the requirements under local law when procuring transportation services. The transportation provider should be able to confirm what the local minimum insurance requirements are, as well as certifying that its insurance meets or exceeds this minimum requirement. Failure to comply with the local insurance requirements may result in fines, penalties, and even criminal liability to the ABA in some foreign jurisdictions. Overseas insurance coverage minimum amounts: The ABA requires that motor vehicle insurance coverage meet a certain minimum coverage threshold. This threshold is the higher of what is required under local law for minimum coverage or a minimum Combined Single Limit Policy of $25,000 USD. A Combined Single Limit Policy means that in a single accident the insurance policy will pay up to a liability limit of $25,000 to a third party. For example, this may be $15,000 for bodily injury and $10,000 for property damage or $20,000 for bodily injury and $5,000 for property damage. Documentation required from overseas transportation companies: A document from the insurance provider (translated into English) verifying that the policy covering the transportation provider meets the requirements for overseas coverage outlined above. If the insurance coverage is less than the above minimum requirement or there are questions whether the supplied insurance documentation meets the above ABA requirements, the contract must be submitted for GCO approval. * These are acceptable when the American Bar Association is also identified as the certificate holder