| Medina City Schools |
| Bylaws & Policies |
6320 - PURCHASES
Bids
When the purchase of, and contract for, single items of supplies, materials, or equipment amounts to $25,000 or more, and when the Board of Education determines to build, repair, enlarge, improve, or demolish a school building the cost of which will exceed $25,000, the Treasurer shall obtain competitive bids, with the exception of items and conditions listed on the Department of Administrative Services (DAS) state term contract in accordance with O.R.C. Chapter 125 or other co-op/group purchasing contractors the district chooses to participate in, for which excepted items and conditions the Treasurer may 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 Center 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. 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.
Limitations
All purchases that are within the amount contained in the line item of the appropriation and were originally contemplated in the budgeting process may be made upon authorization of the Superintendent or designee.
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 or designee is authorized to make emergency purchases, without prior adjustment, of those goods and/or services needed to keep the District 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.
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.
Requirements
Before the Superintendent or designee 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. | opportunity be provided to as many responsible suppliers as possible to do business with the Medina City Schools. To this end, the Superintendent or designee shall develop and maintain lists of potential suppliers for various types of supplies, equipment, and services; | |
| B. | a prompt and courteous reception, insofar as conditions permit, be given to all who call on legitimate business matters; | |
| C. | where the requisitioner has recommended a supplier, the Superintendent or designee 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 or designee 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.
R.C. 9.25, 9.30, 9.31, 9.312, 153.12, 3313.37, 3313.46, 5705.41
R.C. 5705.45
Revised 3/20/06
Revised 4/26/10