Oregon-Davis School Corporation
Bylaws & Policies
 

6320 - PURCHASING

It is the policy of the School Board that the Superintendent and Treasurer shall act as the purchasing agent for the Board. This policy applies only to purchases that are not paid from Federal funds or School Corporation matching funds. All purchases that are paid from Federal funds or School Corporation matching funds shall be made pursuant to Policy 6325 - Procurements - Federal Grants/Funds.

Purchases of Supplies

For purposes of this policy "supplies" means any personal property. The term includes equipment, goods, and materials. The term does not include an interest in real property. For purposes of this policy "purchase" means buy, procure, rent, lease, or otherwise acquire.

The purchasing agent may make open market purchases of no more than $50,000 ($50,000 maximum) for a single item or a group of similar items.

The purchasing agent must seek at least three (3) price quotations on purchases of more than $50,000 ($50,000) but less than $150,000 except in cases of emergency or where materials are of such nature that price quotations would not result in a savings to the School Corporation.

The purchasing agent shall mail an invitation to quote at least seven (7) days before the time fixed for receiving quotes.

If the purchasing agent receives a satisfactory quote, s/he shall award a contract to the lowest responsible and responsive quoter for each line or class of supplies required. S/He may reject all quotes.

If the purchasing agent does not receive a quote from a responsible and responsive quoter s/he may purchase the items by following procedures for items costing under $50,000.

When the purchase of, and contract for, single items of supplies, amounts to $150,000 or more, and/or is equal to or exceeds the amount stipulated by statute, the Superintendent shall obtain competitive bids.

Bids shall be sealed and shall be opened by a committee designated by the purchasing agent publicly in the presence of one (1) or more witnesses at the time and place fixed by the advertisement for bids. The committee must include at least two (2) Board members or at least two (2) Corporation employees. Bids must be read aloud and tabulated publicly and must be available for inspection. All orders or contracts shall be awarded to the lowest responsive and responsible bidder.

For a bidder or quoter 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, and comply specifically with the solicitation and instructions to bidders or quoters. The purchasing agent or committee also may consider whether the bidder or quoter has complied with all applicable statutes, ordinances, resolutions, or rules pertaining to the award of a public contract.

For a bidder or quoter to be deemed responsible, the Board may request evidence from the bidder or quoter concerning its:

 

A.

experience (type of product or service being purchased, etc.);

 
 

B.

financial condition;

 
 

C.

conduct and performance on previous contracts (with the Corporation or other agencies).

 
 

D.

facilities;

 
 

E.

management skills; and

 
 

F.

ability to execute the contract properly.

The purchasing agent or committee may consider the following factors in determining whether a bidder or quoter is responsible:

 

A.

the ability and character of the bidder or quoter to provide the supplies

 
 

B.

the integrity, character and reputation of the bidder or quoter

 
 

C.

the competency and experience of the bidder or quoter

The Board reserves the right to reject any and all bids.

Contracts can be awarded by the Superintendent without Board approval for any single item or group of identical items costing less than $25,000. All other contracts require Board approval prior to purchase.

The Board shall be informed of the terms and conditions of all competitive bids. . All bids must be entered upon the records of the Board at its next meeting following the bid opening. The Board shall accept or reject bids in a Board meeting open to the public and award contracts as a consequence of such bids.

The president and secretary of the Board are entitled, on behalf of the Board, to sign any contract. These contracts may include, but are not limited to, employment contracts and contracts for goods and services. However, each contract must be approved by a majority of the full Board. In the absence of the president or secretary, the vice president may sign the contract with the officer who is present.

Exceptions to the foregoing requirements may be permitted when purchasing from vendors who have been awarded State contracts or when purchasing from authorized State institutions.

All specifically identified purchases that are within a program, a function, and/or a line item and were originally contemplated in the budgeting process may be made upon authorization of the Superintendent.

The Board should be advised, for prior approval, of all purchases of supplies when the purchase was not contemplated during the budgeting process.

The purchasing agent is authorized to make emergency purchases, without prior approval, of supplies needed to keep the schools in operation.

Such purchases shall be brought to the Board for approval at the next regular meeting.

In order to promote efficiency and economy in the operation of the Corporation, the Board requires that the purchasing agent/treasurer 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.

Before the Treasurer places a purchase order, s/he shall check 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 Corporation. All purchase orders shall be numbered consecutively.

In the interests of economy, fairness, and efficiency in its business dealings, the Board requires that:

 

A.

an opportunity be provided to as many responsible suppliers as possible to do business with the School Corporation;

 
 

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 Treasurer 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;

 
 

D.

unless otherwise permitted by the purchasing agent, no purchase of supplies shall be allowed without a properly-signed purchase order. Employees shall be held personally responsible for anything purchased without a properly signed purchase order.

The Board may acquire by lease, by installment payments, by lease-purchase agreements, or by lease with an option to purchase provided the contract setting forth the terms of such a purchase shall not extend for a period of more than four (4) years.

During the current year provisions may be made in these agreements for renewal for the succeeding year, subject to appropriations being available.

Procurement – Federal Grants

The Superintendent shall maintain a procurement and contract administration system in accordance with the United States Department of Education (USDOE) requirements (2 C.R.R. 200.317-.326) for the administration and management of Federal grants and Federally-funded programs. The Corporation shall maintain a compliance system that requires contractors to perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. Except as otherwise noted, procurement transactions shall conform to the provisions of this policy and administrative guidelines (AG 6320) and comply with 34 C.F.R. 80.36. Please refer to Policy 6325 - Procurements - Federal Grants/Funds.

Purchase of Services

For purposes of this policy "services" means the furnishing of labor, time, or effort by a person, not involving the delivery of specific supplies other than printed documents or other items that are merely incidental to the required performance.

The purchasing agent may purchase as follows:

 

A.

For purchases of services anticipated to exceed $20,000 in a single school year:

 
 

1.

If the purchasing agent has purchased services previously from a vendor, the purchasing agent may continue to purchase services from that vendor as long as the Board is satisfied with the services delivered by the vendor.

 
 

2.

If a new vendor is sought to provide services, the purchasing agent will issue a request for proposal asking that interested vendors submit proposals to serve as vendors for those specific services. Notice of the request for proposal may be sent directly to potential vendors and/or posted on the Corporation’s website. The purchasing agent will interview those vendors who respond to the request for proposal that the purchasing agent believes are able to provide the services sought and will select the vendor from those interviewed. The purchasing agent may seek input from other administrators or Board members in making the selection.

 

B.

For all other purchases of services, the purchasing agent may select the vendor s/he believes is the most appropriate vendor who provides the services sought.

I.C. 5-22-2-21, 5-22-2-30, 5-22-2-38
I.C. 5-22-3-3
I.C. 5-22-6-1 and 5-22-6-2
I.C. 5-22-7-1 et seq.
I.C. 5-22-8-2, 5-22-8-3
I.C. 5-22-10-1 et seq.
I.C. 5-22-16-1, 5-22-16-2
I.C. 20-26-4-6, 20-26-4-8
I.C. 20-26-5-4
Education Department General Administrative Regulations (EDGAR)
2 C.F.R. 200.317 - .326

Revised 9/16/13
Revised 6/13/16

© Neola 2016