A.    Introduction.

These guidelines are applicable to North Idaho College’s purchasing activities. North Idaho College purchasing is under the direction of the Vice President for Finance and Business Affairs. The Office of Finance is responsible for the preparation and enforcement of North Idaho College purchasing guidelines for goods and services. All procurement decisions must be made using sound and prudent business judgment and practices, keeping in mind that, in most cases, we are using either state funds or tax dollars to make these purchases. Purchasing activities shall support cost efficiency while taking into consideration product and/or service quality.

No contract for the purchase of goods or services shall be made without proper supervisory or administrative approval. The Vice President for Finance and Business Affairs may delegate authority to a NIC employee to purchase specific types and classes of goods with prior written request and authorization by the department supervisor. This authorization shall specify what may be purchased by the employee and the duration of the purchasing authorization.

Grant-funded programs are required to follow NIC policies and procedures unless otherwise stipulated by the grant award. Generally, NIC guidelines are more conservative and should be adhered to unless the grant has a more conservative method.

B.   Conflict of Interest

All purchases must be made based on the best interests of the college. College personnel are expected and required to take the initiative to report promptly, with sufficient detail, all activities or situations that may involve, or appear to involve, a conflict of interest. All employees involved in purchasing activities must adhere to Idaho Code 67-702 concerning Ethics in Government and 67-5726 concerning Prohibitions.

C.   Sales and Use Tax Exemption

North Idaho College is exempt from paying taxes in the State of Idaho. Purchases picked up out of state or services obtained out of state are subject to tax in that state. You may obtain a copy of a Tax-Exempt Certificate for the State of Idaho on the NIC portal under Budgets and Purchasing, or contact the Office of Finance for assistance.

D.   Leases, Contracts, and Time Purchases

The President or Vice President for Finance and Business Affairs is the only individual who can bind the college to a contract. All leases, contracts, and time purchases must be reviewed and approved by the Vice President for Finance and Business Affairs.

E.   Unallowable Purchases

The following items cannot be purchased from college funds. Exceptions can be made for certain situations if prior approval is received from the Controller or Vice President of Finance and Business. If an employee is uncertain whether an expense is allowable, please seek prior approval from the Office of Finance. Payment for an unallowable purchase may be determined to be the responsibility of the employee making the purchase. The following list is not all-inclusive:

1. Alcoholic beverages, unless an exception has been granted by approval of the President
2. Birthday or other departmental celebration cakes, cards, or decorations
3. Flowers and plants
4. Food and beverages including meals, snacks, and refreshments for departmental activities
5. Gifts and donations
6. Parking permits or tickets
7. Gift Certificates/Gift Cards/Prizes unless prior authorization has been obtained.
   
   Note:  If an employee received any kind of prize, the department awarding the prize must keep records of employee names and dollar amounts received, and must notify the payroll department. IRS regulations state that gift certificates are cash equivalent and must be recognized as a fringe benefit and processed through payroll. See IRS Publication 15-B for more information.
   
   
8. Heaters, fans, lamps, and occasional/accent furniture items.
9. Clothing purchases with the following exceptions/requirements:
   
   
   1. The college has determined that departments may buy clothing for their employees and/or student-athletes from budgeted funds because they meet one or more of the following criteria:
      
      
      • Their function is to continuously promote the college to the public.
      • They are directly involved in student recruitment on a continuous basis
      • They have a presence on campus that requires them to continuously be in contact with students at various campus locations.
        
        Examples of departments that meet these criteria include Admissions, Athletics, Community Relations/Marketing, Development, and Facilities.
        
        
   2. Auxiliary Services and fee-based departments (i.e. residence halls, Cardinal bookstore, Student Union, and Schuler Performing Arts Center) may purchase clothing from their budgets if approved in advance by the appropriate vice president.
      
      
   3. Other departments may purchase clothing for their employees with the approval of the appropriate vice president. Employees in these departments must pay at least 25% of the cost of the clothing.
      
      
   4. Promotional Items: Community Relations/Marketing, Admissions, and Human Resources are authorized to spend budgeted funds for promotional clothing items.
      
      
   5. Clothing purchases should be made in a prudent manner. If a vice president has a question regarding the approval of a clothing purchase, they should bring the request to President’s Cabinet for discussion.
      
      
   6. For all of the above-mentioned clothing exceptions, purchases shall be made through the NIC Cardinal Bookstore unless approval is received from the president or appropriate vice president.

F.   Allowable Departmental Food/Beverage Purchases and Luncheon Meetings:

The purchase of food and beverages from SODEXO or an outside vendor for departmental functions is allowable only when all of the following conditions are met:

• SODEXO contractually has the First Right of Refusal on all campus grounds for food services.
• Non-employees are part of a business-related function.
• The meeting must have an agenda and a clearly stated purpose.
• The function must be pre-approved by the department head and Division Vice President.
• A list of attendees must be recorded.

Before the Office of Finance can authorize payment to SODEXO or process a payment request for reimbursement, they must receive a detailed invoice of charges accompanied by a completed Departmental Food and Beverage Authorization form found under portal documents stating the above specifications—the list of attendees and meeting agenda which outlines the purpose of the meeting. The payment request will be signed by the appropriate vice president.

Food items to be used for nonconsumption programmatic purposes, such as labs do not require an agenda or VP consent. A note/comment to the Purchasing Coordinator/Accounts Payable team ahead of time or attached to the Payment Request /Purchase Order explaining the purchase use/need is all that is required.

G.  Departmental Retreats/Off-campus Departmental Meetings:

Departmental retreats or off-campus meetings with food/beverage purchases are not authorized more than once a year and the department must stay within per diem rates per attendee.

An employee will only be reimbursed for luncheon meetings in the community under the following circumstances:

• The meeting was pre-approved by both their supervisor and the appropriate vice president.
• The employee presents a travel expense voucher and a detailed receipt.
• If the employee is authorized to pay for a guest’s luncheon, per diem rates should be observed. While we understand you cannot control what guests order, you can control where the business luncheon takes place. Documentation of guest names and the purpose of the luncheon should be recorded.

H.   Special Purchasing Considerations:

In an effort to use college funds in the most efficient and productive manner, the Vice President for Finance and Business Affairs has specified oversight of the following:

1. Information Technology Central Purchasing

The following items are purchased by Information Technology Purchasing:

• • All computer hardware, computer software, computer peripherals, computer parts, and repairs
  • All wireless functions
  • All network infrastructure
  • All telephone, cable TV, and satellite services
  • All audio/visual equipment

2.  Copiers, Faxes, and Printers

All photocopiers, faxes, and printers must be pre-approved by the Office of Finance, in conjunction with the recommendations of IT.

3. Furniture Purchasing

Departments must consult the NIC Purchasing Coordinator. Furniture vendors must meet state contract pricing and ensure that specified parameters for quality, delivery, and set-up of furniture are met.

4. Building Renovations

All services for building renovations must be handled through the Facilities Department.

I.    General Purchasing

 1. Signature Authority

Members of the President’s Cabinet are provided a substantial signature authority that facilitates their efforts to run their divisions effectively and efficiently. Because of this responsibility, those individuals are also held strictly accountable for the management of their individual and divisional budgets. In most cases, President’s Cabinet members retain their signature authority and do not delegate it for short absences. From time to time, members of the President’s Cabinet may take extended trips or vacations which require the delegation of signature authority to another person. It is expected that the person to whom the authority is delegated is the next senior position (or equivalent) within the division. Due to the level of fiduciary responsibility involved in the signature delegation, PC members are only to delegate signature authority to a professional employee (not a classified employee).

• Budget Authorization Amount (Update 2023)
  • Senior Admins, up to $750.00
  • Chairs/Directors, up to $2500.00
  • Grants/Alternative, up to $5000.00
  • Deans, up to $7,500.00
  • President’s Cabinet, up to $10,000
  • VP of Finance/President, anything over $10,000

2.   Purchase Orders

• The NIC purchasing process begins with a purchase requisition by authorized personnel in Colleague. Once the requisition has been approved by appropriate budget officers based on purchasing authority level, a purchase order is created.
• A purchase order must be presented to the vendor before or at the time of purchase.
• Use of purchase orders is the preferred method of purchasing whenever possible.

3.   Payment Requests

• Subject to the approval of the Controller, a payment request form may be used in place of a purchase order. Payment requests are typically used to pay for pre-approved memberships, subscriptions, registration fees, reimbursement of pre-authorized expenditures, and contractual payments.
• Appropriate levels of budget approval must be obtained prior to the purchase of goods or services.
• No budget officer may be the sole signer of a payment request for reimbursement payable to himself or herself; additional signature approval of a supervising budget officer is required regardless of the dollar amount. A supervisor cannot have a subordinate employee sign the payment request.
• Sufficient detail must be provided on the payment request form including:
  • Detailed description of item or service requiring payment
  • Dates of service
  • Budget to be charged
  • Original detailed receipt or invoice must be attached. A credit card receipt alone is not sufficient documentation.

J.  Receipt and Inspection of Goods

The proper receipt and inspection of equipment and supplies is important to every department on campus. Receipt and inspection are the close and critical examination of items delivered.

Receiving personnel must determine that:

• Delivery consists of new and unused merchandise unless otherwise ordered.
• Commodities of the quality, quantity, grade, or standard specified have been delivered.
• Design, construction, size, type, model, color, etc. of the commodities conform to the requirements of the purchase order.
• The commodities comply with specification requirements in all essential respects and are in good condition, and delivery has been made in accordance with the terms and conditions of the purchase order or the contract.

To accept merchandise, the purchase order is checked in through the Colleague software system. The original invoice and any other correspondence associated with the receipt of the merchandise will be sent to Accounts Payable in the Office of Finance. Items should not be checked-in until merchandise or service is received; otherwise, you may cause a false encumbrance and/or payment for goods never received.

K. Damaged Merchandise:

It is important to note any damage to containers or merchandise at the time of delivery to enable a proper claim to be filed with the freight company. The requesting and receiving departments are responsible to file appropriate damage claims and notify Accounts Payable in the Office of Finance. The following information may be needed to file a claim:

• Description of loss or damage
• Quantities involved, or equipment involved
• Copy of the purchase order/purchase requisition/freight bill and/or bill of lading

L.   Return of Merchandise

If merchandise return is necessary, please consult with Accounts Payable in the Office of Finance and follow all vendor requirements for returns.

M.  Lease Purchases

NIC lease purchases are approved by the Vice President for Finance and Business Affairs and must be coordinated through the Office of Finance. A lease-purchase analysis should be completed by the requesting department for review by the Vice President for Finance and Business Affairs. Please contact the Office of Finance for details and help with this process.

Please note the following regarding leases:

1. Leases made without the required approval are not binding on the institution or Board.
2. Leases of equipment or personal property shall comply with applicable policies and procedures governing purchasing, including competitive bidding requirements.
3. Prior to the acquisition of an asset as the result of a lease agreement or other debt financing arrangement, the responsible institution official shall, unless the decision is dictated by funding limitations, prepare a written analysis documenting the decision to acquire the use of the asset, which shall be filed with the lease agreement or other document setting forth the terms of the agreement. If the decision is dictated by funding limitations, the official shall document those limitations.
4. Master leases and lease-purchase agreements must also include:
   1. The purchase price at the termination of the lease.
   2. When and under what terms the title to the property transfer to the state.
   3. In master leases and other leases under which interest rates are variable, the maximum rate.
   4. In master leases, the maximum amount financed or the total amount of all transactions.

N.    Auxiliary Exclusive Services

NIC Auxiliary Services, including the Market (SODEXO) and Cardinal bookstore (FOLLETT), have invested in infrastructure in order to serve NIC. These entities also provide important local dollars to help support the college overall. It is in NIC's interest to support their functions.

Therefore, NIC has contractually provided them exclusive rights to operate for those identified auxiliary functions to be sole providers of their services on campus. NIC departments and NIC-related entities receiving services on NIC property must use these services.

Exceptions to this policy may be made when NIC Auxiliary Services and SODEXO do not provide the service or with the approval of Auxiliary Services and SODEXO, as well as the Vice President for Finance and Business Affairs or the Vice President for Student Services. Exceptions may also be required due to governing law, regulations, or due to contractual commitments by NIC.

O.   Vendor Selection

North Idaho College is an integrated member of the inland northwest’s economic community. And in so we practice local sourcing whenever fiscally reasonable. We have taken the time to source and list contracted and frequent vendors for sustainable purchasing and community partnerships. A list of these vendors can be found on the “Commonly Used Vendors” list under the portal documents/forms. All new vendors must be screened by the Office of Finance by submitting a Vendor W-9 and a reason for requesting the use of this vendor to the Purchasing Coordinator and Accounts Payable.

P.    Vendor Verification

Anytime we enter into a contract for goods or services over a period of time with a vendor or make any purchase over $25,000.00, a vendor must be verified through SAM.Gov by the Purchasing Office as a registered active vendor. This active vendor check must be done prior to the purchase. This check goes for any purchase from any fund.

Q.   Quotes and Bids

The purpose for using quotes or bids is a method whereby several suppliers all have equal opportunity to provide items to public entities such as North Idaho College. If a vendor offers scholarships, endowments, premiums, or other incentives contained in quotes or bids, NIC will not consider these offers.

1. 1. 1. The Quote Process—Request for Quotations

Soliciting quotations is a method of procurement in which quotations are solicited, either verbally or in writing, and a contract or purchase order is awarded on the basis of the best quote. The department is required to solicit a quotation on its own for purchases of $10,000 and over. Any purchase of $50,000 or greater must use the Bidding for Purchase procedure.

2. Procedure for Request for Quotations. Department Heads may request quotations for goods or services of $10,000 or more at their discretion. If written quotations are used, they should include:
   1. A complete statement of work to be performed.
   2. A required delivery or completion schedule.
   3. Allow enough time for prospective vendors to prepare and submit

Where possible, obtaining a minimum of three (3) quotes will be required. Records will be kept on file within the department requesting the quotes.

3. Standard Specifications. Specifications contained in the Request for Quotations will where practical, be non-restrictive so as to provide an equal basis for competition and participation by an optimum number of qualified vendors. Unless otherwise stated, reference to any equipment, materials, or supplies by trade name, make or catalog number shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The final decision as to whether an item is an equivalent or a satisfactory alternate shall rest with the department requesting the quote.

4. Quote Solicitation Records. For each request for quotations issued by North Idaho College, the department requesting the quote shall retain a record that should include a copy of the RFQ and a list of all quotes offered. This record shall be available for public inspection.

1. 1. 5. Opening of Quotes. Written quotations are not required to be sealed and are not opened in a public manner. Quotes are generally opened as they are received and recorded at that time. Quotes received after the designated time on the opening date will not be considered.
         
         
      6. Evaluation of Quotes: Award should be made to the lowest responsive, responsible vendor based on the following criteria:
         
         
         1. The price
         2. The quality of the goods or services proposed and their conformity with the specifications, and the purposes for which they are intended.
         3. Such other information as may be secured has a bearing on the decision to award the contract.
            
            
      7. The Bid for Purchase Process

Bidding for purchasing and professional services is governed primarily by Idaho State Code. Department of Public Works contracts is required to bid at $25,000 and above.

When other items to be purchased are anticipated to cost more than $50,000, North Idaho College requires the use of bidding to determine the supplier that can best provide the service or item at the best cost. Bids must be advertised per law and received and opened per law.

The Office of Finance has the responsibility, with the approval of the Vice President for Finance and Business Affairs, except where others are so authorized, for obligating the college and for making the final determination of the source of purchase consistent with the required delivery schedule, ability to meet specifications and price negotiations. These decisions will be made in conjunction with the requesting department as appropriate. If you have questions about purchasing items that will cost in excess of the statutory limit, please contact the Office of Finance.

8.    Items That Do Not Require Quotes or Bids:

Items or services that do NOT require a competitive quote include the following:

1. 1. 1. 1. Purchases made from discount contracts under a group alliance or consortium (with the approval of the Office of Finance)
         2. Statewide contracts are items or services that are universally used by the majority of state agencies. Departments may purchase from a Statewide Contract without competitive bidding. A complete list of Statewide Contracts is available at the Idaho purchasing homepage website http://adm.idaho.gov/purchasing/stwidecntrcs.html
         3. Direct purchases from NIC campus auxiliary service or internal service fund operation(s).
         4. Term contracts created by NIC.
         5. A sole source provider of goods or services. A sole source purchase occurs when a product is available from only one supplier due to its unique character, compatibility and/or upgrade with existing equipment or product. Examples of items that are unique and that do not require a competitive quote are:
            • Utilities such as telephone, electric power, and natural gas services.
            • Public books and maps, periodicals, and technical pamphlets.
            • Services for the maintenance or servicing of equipment by the manufacturer or authorized servicing agent of that equipment when the maintenance or servicing can best be performed by the manufacturer or authorized service agent, or when such a contract would otherwise be advantageous to the college.

Approval from the Vice President for Finance and Business Affairs is required for sole-source providers, and requesting departments must provide documentation to justify sole-source purchases.

R.  Emergency Purchases

The policies governing purchasing procedures for the college system and its institutions shall be waived when the purchasing agent or other person delegated that authority, determines that an emergency requires such action. An “emergency” means when the immediate demand for supplies, materials, or services is such as to seriously hamper the operations of the institution, and in spite of all remedial action possible, would result in damage costlier than the purchase involved, if purchased through normal procedures. The nature of the emergency and determination that the circumstances justified waiver of purchasing procedures shall be documented in writing.

The Vice President for Finance and Business Affairs will determine when an emergency exists at NIC, and when an emergency purchase is warranted. Emergency purchasing cannot be used to satisfy preferences or convenience on the part of the department, nor is it allowed for preventing funds from reverting at the end of the fiscal year to the institution, or for any reason that seeks to circumvent regular procurement procedures.

S.  Requests for Proposals/Requests for Qualifications (RFP/RFQ)

Requests for Proposals or Qualifications (RFP/RFQ) can be used for acquiring a variety of services necessary to North Idaho College. RFP’s/RFQ’s are typically used for acquiring professional services when a firm or individual is hired from outside the campus to provide services or a particular profession. The RFP/RFQ objectively evaluates all individuals and firms who may consider themselves qualified to submit a proposal for services. Request for Proposals/Qualifications is a competitive bid process in which consideration is given to various factors, such as price, quality, capability, terms and conditions, references, experience, and/or expertise.

Requests for Proposals or Qualifications are not controlled by the same laws as purchasing. There is no minimum or maximum dollar amount above or below which an RFP/RFQ can be used. RFP/RFQ use is discretionary, but because NIC is a publicly funded institution, it is imperative that contracts for services at NIC be awarded with objective evaluation criteria; thus, NIC recommends utilizing RFPs/RFQs at $50,000. Qualified firms should be given an equal opportunity to compete for contracts. RFPs/RFQs should be designed to provide the most information possible about the provider and services provided while at the same time they should be limited in scope so as not to cost an unusual amount of time and money to prepare. RFPs/RFQs are available for public review once they have been received.

1. Procedure: Finance and Business Affairs shall ensure RFPs/RFQs clearly define the goods and services needed in order for prospective vendors to properly respond to the request. To the extent possible, proposals will be solicited from a minimum of three responsible and responsive vendors in a fair and ethical process. RFPs/RFQs are usually advertised in the Coeur d’Alene Press. Additionally, copies of the RFP/RFQ may be mailed to providers who may be interested in supplying services. Essential elements of an RFP/RFQ shall include:
• A complete statement or description of the technical requirements including the materials, work, or services required.
• Delivery dates.
• The terms and conditions of the contract to be awarded.
• Instructions to vendors on participation along with a tentative schedule.
• A clear explanation of the criteria that will be employed to evaluate the vendor responses.
• Any solicitation statements required by state or federal agencies.
• Any other provisions, procedures, or statements, as deemed necessary by Finance and Business Affairs.

2. Proposal Preparation Time. The RFP/RFQ shall allow sufficient time to permit prospective vendors to prepare and submit proposals.

3. Addendums to RFPs/RFQs. If, after the issuance of an RFP/RFQ, but before the time set for submitting proposals, it is necessary to amend any part of the RFP/RFQ, such information shall be sent to each firm to whom an RFP/RFQ has been furnished in sufficient time to permit all prospective vendors to consider such information in submitting or modifying their proposals.

4. Proposal Submittal. The RFP/RFQ shall clearly state that proposals must be received by Finance and Business Affairs not later than the exact time and date set forth in the RFP/RFQ. Any proposals received after such time and date will not be considered.

5. Proposal Modification or Withdrawal. Proposals may be modified or withdrawn at any time prior to the time and date set forth in the RFP/RFQ; proposals may be modified after such time and date only with the approval of the Vice President for Finance and Business Affairs and for good cause shown by the vendor.

6. Evaluation. All proposals submitted in response to an RFP/RFQ shall be evaluated numerically by rating the evaluation criteria set forth in the RFP/RFQ. Evaluation factors to be included in the RFP/RFQ should include, as appropriate, the following factors:
• Prices offered.
• The quality of the work or items to satisfy minimum project needs.
• The proposed method to accomplish the work.
• Specialized experience and technical competence of key personnel who will perform the work.
• The business capabilities, responsibilities, references, and past performance of the vendors.
• The capacity to perform the work within the required time limits.
• The familiarity of the vendors with the types of problems applicable to the project.
• The capability to explore and develop innovative or advanced techniques or designs.
• Any other factor identified by Finance and Business Affairs and included in the RFP/RFQ.

7. Evaluation Committee. All proposals submitted in response to an RFP/RFQ shall be uniformly evaluated by a committee of appropriate staff persons to be designated and appointed by the requesting department in cooperation with Finance and Business Affairs. If a member of the Evaluation Committee identifies any potential, actual or apparent conflict due to their membership on the committee, the individual shall excuse himself or herself from the Evaluation Committee.

8. Classifying Proposals. For the purpose of conducting discussions, proposals shall initially be classified as potentially acceptable or unacceptable.

9. Purpose of Discussion. Discussions with vendors may be held to promote an understanding of North Idaho College's requirements and the vendors’ proposals, as well as facilitate arriving at the contract most advantageous to North Idaho College taking into consideration contract terms, price, and other evaluation factors set forth in the RFP/RFQ.

10. Conduct Discussions. Vendors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revisions of proposals. The committee shall conduct discussions with the top-rated vendors unless such discussions are not necessary, inappropriate, or impractical and the RFP/RFQ notified all vendors of the possibility the award may be made without discussion. If during discussions, there is a need for any substantial clarification or change in the request for proposals, the RFP/RFQ shall be amended to incorporate such clarification or change. Auction techniques (revealing one vendor’s price to another) and disclosure of any confidential information derived from competing proposals are prohibited.

11. Best and Final Offers. The Vice President for Finance and Business Affairs shall establish a common date and time for the submission of best and final offers if required. Best and final offers shall be submitted only once; however, Vice President for Finance and Business Affairs may make a written determination in North Idaho College’s best interest to conduct an additional discussion or change the requirements and require another submission of best and final offers. Otherwise, no discussion of or changes in the best and final offers shall be allowed prior to award. Vendors shall also be informed if they do not submit a notice of withdrawal or another best and final offer, their immediate previous offer will be construed as their best and final offer.

12. Award of Contract. Upon completion of contract negotiation, the Vice President for Finance and Business Affairs shall make a written determination showing the basis on which the award was found to be most advantageous to North Idaho College based on the factors set forth in the RFP/RFQ. Awards in excess of $250,000 require approval by the President or Vice President for Finance and Business Affairs. Awards in excess of $500,000 require Board approval.

13. Proposal Solicitation Records. Finance and Business Affairs shall retain a record that includes: a copy of the RFP/RFQ, copies of any amendments to the RFP/RFQ, the names and addresses of prospective vendors to whom the RFP/RFQ was distributed, all vendor responses, and correspondence, and any other information relevant to the competitive negotiation process

DEFINITIONS

 QUOTES:

Process by which three pricing options are acquired for comparison. Quotes are required for purchases of $10,000 and over. These may be solicited by phone, email, or by letter. Quotes may be verbal or in writing, depending on the size of the purchase, and must be documented.

Records will be kept within the department. Formal advertising is not required.

FORMAL SEALED BIDS:

Sealed bids are required for:

• Department of Public Works projects over $25,000.
• Purchases over $50,000.

Advertising in a public document such as a newspaper must take place. Insurance and bonding requirements pertain to these types of projects or purchases. Bids must be sealed when submitted. A formal date is set for opening bids that meet all requirements of the purchase.

PURCHASES:

The acquisition of goods or services in accordance with the purchasing policy.

EMERGENCY PURCHASES:

An emergency purchase must be approved by the Vice President for Finance and Business Affairs who would suspend the purchasing policy due to the need, to keep the institution operating, and when to delay the repair or item replacement is costlier than soliciting quotes or bids.

LEASES:

An option for acquiring equipment for short term use, but usually not a permanent solution to an asset acquisition.