Non-Conforming (“After the Fact”)
As a state agency, the University must comply with the requirements of the Illinois Procurement Code (30 ILCS 500) and University procurement policies and procedures. Accordingly, these laws and policies require a fully executed contract and/or Purchase Order in advance of goods and services being provided. A Non-Conforming order is one in which the request for the contract and/or Purchase Order is submitted to Purchasing after the receipt of goods or services by the end-user.
One scenario that may occur is that a purchase order is deemed to be Non-Conforming after issuance and an invoice is placed on hold. Units will receive an email from purchasing staff similar to the example below outlining the next steps and required attachments for a new iBuy requisition:
“As a state agency, the University must comply with the requirements of the Illinois Procurement Code (30 ILCS 500) and University procurement policies and procedures. Accordingly, these laws and policies require a fully executed contract and/or Purchase Order in advance of goods and services being provided. A Non-Conforming order is one in which the request for the contract and/or Purchase Order is submitted to Purchasing after the receipt of goods or services by the end-user.
Because the goods/services were provided prior to either a purchase order or a fully executed contract, the requisition referenced in the subject line is Non-Conforming. Below is the process to have an invoice paid for an order that was processed in iBuy but was later determined to be Non-Conforming.
In order to have the invoice paid, you will need to:
- First, work with Payables to remove the invoice off the original PO.
- Next, cancel the original PO by submitting a service desk ticket.
- Last, submit a new iBuy requisition, answering the “After the Fact” questions
- When submitting the Non-Conforming requisition, reference the old PO and note that it is Non-conforming in the Internal Comments.
- Attach the final detailed invoice from the vendor to the External side of the requisition.
- Attach the signed letter from the department head describing the circumstances that led to the violation of the Illinois Procurement Code and the steps that the department will take to prevent a similar situation from reoccurring to the Internal side of the requisition.
- Attach the signed Vendor Release Form releasing the University of any and all liability associated with the services or goods provided to the Internal side of the requisition (the Vendor Release Form can be found here: https://www.uiucpurchasing.illinois.edu/faqs/ under “Non-Conforming or After the Fact”).
Please let me know if you have any questions.”
Another scenario that may occur is when a unit submits a requisition that is known upon submission to be Non-Conforming. Units should:
- Submit an iBuy requisition, answering the “After the Fact” questions
- Note that it is Non-conforming in the Internal Comments.
- Attach the final detailed invoice from the vendor to the External side of the requisition.
- Attach the signed letter from the department head describing the circumstances that led to the violation of the Illinois Procurement Code and the steps that the department will take to prevent a similar situation from reoccurring to the Internal side of the requisition.
- Attach the signed Vendor Release Form releasing the University of any and all liability associated with the services or goods provided to the Internal side of the requisition (the Vendor Release Form can be found here: https://www.uiucpurchasing.illinois.edu/faqs/ under “Non-Conforming or After the Fact”).
If these documents are not submitted with the requisition, the assigned contract coordinator may return the requisition until all of these documents have been obtained and attached.