| Medina City Schools |
| Bylaws & Policies |
6320 - PURCHASES
When the purchase of and contract for single items of supplies, materials, or equipment amounts stipulated by statute, the Business Manager shall obtain competitive bids.
Bids shall be sealed and shall be opened by the Treasurer in the presence of at least one (1) witness.
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. |
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
All purchases that are within the amount contained in the appropriation and were originally contemplated in the budgeting process may be made upon authorization of the Business Manager who shall serve as the purchasing agent for the District.
The Treasurer is authorized to adjust appropriations within the same level of the appropriations document.
The Board should be advised, for prior approval, of all major nonbid purchases not contemplated during the budgeting process.
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.
Purchases from the State
In accordance with State law (R.C. 4115.31 et seq.), the Superintendent shall purchase products and services which are available from the Ohio Industries for the Handicapped (OIH) when such products or services are needed by the District. The Superintendent is to maintain the current catalog provided by OIH and inform all District personnel who may be purchasing products or services of the catalog's current listings.
Quantity Purchases
In order to promote efficiency and economy in the operation of the District, the Board of Education 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 purchasing agent 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. | items commonly used in the various schools or units thereof, be standardized whenever consistency with educational goals can be maintained. | ||
| B. | opportunity be provided to as many responsible suppliers as possible to do business with the School District. To this end, the Business Manager may develop and maintain lists of potential suppliers for various types of supplies, equipment, and services. | ||
| C. | where the requisitioner has recommended a supplier, the Business Manager 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. |
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, 3313.37, 3313.375
Revised 3/20/06