| Ashtabula County Joint Vocational School District |
| Bylaws & Policies |
6320 - PURCHASES
Quotations and Bids
It is the policy of the Board of Education that the Business Manager and/or Superintendent seek at least two (2) price quotations on purchases of more than $12,000 for a single item, except in cases of emergency or when the materials purchased are of such a nature that price negotiations would not result in a savings to the District or when the item is subject to formal bid.
When the purchase of, and contract for, single items of supplies, materials, or equipment that are not exempt from competitive bidding statutes amounts to $25,000 or more, and when the Board determines to build, repair, enlarge, improve, or demolish a school building the cost of which will exceed $25,000, the Business Manager and/or Superintendent shall obtain competitive bids.
The Superintendent shall ensure that the specifications for any public improvement project for which bids are solicited do not require any bidder to:
| A. | enter into agreements with labor organizations on said public improvement; or | ||
| B. | enter into an agreement that requires its employees to become members of or pay fees or dues to a labor organization as a condition of employment or continued employment. |
Bids shall be sealed and shall be opened by the Treasurer in the presence of at least one (1) witness.
Soliciting of Bids
The Board, by resolution, may award a bid to the lowest responsive and responsible bidder. For a bidder to be considered responsive, the proposal must respond to all bid specifications in all material respects and contain no irregularities or deviations from the bid specifications which would affect the amount of the bid or otherwise provide a competitive advantage. For a bidder to be deemed responsible, the Board may request evidence from the bidder concerning:
| A. | the experience (type of product or service being purchased, etc.) of the bidder; | ||
| B. | the financial condition; | ||
| C. | the conduct and performance on previous contracts (with the District or other agencies); | ||
| D. | the bidder's facilities; | ||
| E. | management skills; | ||
| F. | the ability to execute the contract properly. |
Awarding of Bids
The Board shall approve all contracts resulting from competitive bids prior to being awarded. The Board reserves the right to reject any or all bids.
In situations in which the Board has resolved to award a bid to the lowest responsible and responsive bidder and the low bidder does not meet the considerations specified above, the Board shall so notify the bidder, in writing, by certified mail. The bidder may protest the award of a bid within five (5) days of the notification and the Board shall meet with the protesting bidder and then reaffirm or reverse its decision.
The Board may, at its discretion, allow for a hearing prior to making this decision.
Limitations
The Treasurer is authorized to adjust appropriations within a fund in order to make necessary purchases and shall report such modifications at the following regular Board meeting.
The Superintendent is authorized to make emergency purchases, without prior adjustment, of those goods and/or services needed to keep the schools in operation. Such purchases shall be brought to the Board's attention at the next regular meeting.
A completed DMA form with no positive indications that material assistance has been provided to a terrorist organization is required of each private person or entity with whom the Board intends to enter into a contract that amounts to an aggregate of greater than $100,000 annually.
A private person or entity with whom the Board enters into frequent contracts may apply for pre-certification. Pre-certification is specific to the District and is effective for one (1) year at time.
Contracts for Development and Improvement of Facilities
All contemplated contracts for professional design services such as from an architect or for construction management shall be in accordance with R.C. 9.33, 9.333, and 153.54 et seq.
Lease-Purchase Agreements
Lease-purchase agreements entered into by the Board shall be in accordance with R.C. 3313.375. Such agreements shall be a series of not more than thirty (30) one-year renewable lease terms, after which time ownership is transferred to the Board if all obligations of the Board under the agreement have been satisfied.
Quantity Purchases
In order to promote efficiency and economy in the operation of the District, the Board requires that the Business Manager periodically estimate requirements for standard items or classes of items and make quantity purchases on a bid basis to procure the lowest cost consistent with good quality.
Whenever storage facilities or other conditions make it impractical to receive total delivery at any one time, the total quantity to be shipped but with staggered delivery dates, shall be made a part of the bid specifications.
Requirements
Before the Business Manager and/or Superintendent places a purchase order, s/he shall check as to whether the proposed purchase is subject to bid, whether sufficient funds exist in the budget, and whether the material might be available elsewhere in the District. All purchase orders shall be numbered consecutively.
In the interests of economy, fairness, and efficiency in its business dealings, the Board requires that:
| A. | a prompt and courteous reception, insofar as conditions permit, be given to all who call on legitimate business matters; | ||
| B. | where the requisitioner has recommended a supplier the Business Manager and/or Superintendent may make alternate suggestions to the requisitioner if, in his/her judgment, better service, delivery, economy, or utility can be achieved by changing the proposed order. |
The Superintendent shall determine the amount of purchase which shall be allowed without a properly signed purchase order. Employees may be held personally responsible for anything purchased without a properly signed purchase order or authorization.
The Board may acquire equipment as defined in law by lease, by installment payments, by entering into lease-purchase agreements, or by lease with an option to purchase, provided the contract sets forth the terms of such a purchase.
Reverse Auctions
It is the policy of the Board to permit the use of a reverse auction to purchase services and supplies whenever it is determined that the reverse auction process will be advantageous to the District (e.g., result in a cost savings to the District.) To that end, vendors may submit proposals when competing to sell services and/or supplies in an open environment via the Internet. While the reverse auction process may be used to purchase supplies such as equipment, materials, tangible assets and insurance, the process may not be used to purchase real property or interests in real property. The process may also be used to purchase services such as the furnishing of labor, time, or effort by a person, provided such services do not involve the delivery of a specific end product other than a report, and are not being furnished in connection with an employment agreement or collective bargaining agreement.
The Board will provide notice of the request for proposals and award contracts in accordance with the Superintendent’s administrative guidelines. When competitive sealed bidding and/or competitive sealed proposals for the purchase of services or supplies are required by law, purchases made by reverse auction will satisfy such legal requirement.
R.C. 9.25, 9.30, 9.31, 9.311, 9.312, 9.314, 153.12, 153.54, 2909.33,
3313.37Revised 2/19/07