| Winton Woods City School District |
| Bylaws & Policies |
6320 - PURCHASES
Quotations and Bids
When the purchase of and contract for single items of supplies, materials, or equipment is equal to or exceeds the amount stipulated by statute, the Treasurer shall obtain competitive bids.
In accordance with statute, the Board may elect to forego the bidding for contracts in any of the following situations:
| A. | the acquisition of educational materials used in teaching | |
| B. | if the Board determines and declares by resolution adopted by two-thirds (2/3's) of its members that any item is available and can be acquired only from a single source | |
| C. | if the Board declares by resolution adopted by two-thirds (2/3's) of its members that the installation, modification, and/or remodeling subject to contracting is involved in an energy conservation measure undertaken through an installment payment contract under R.C. 3313.372 or pursuant to R.C. 133.06(G) | |
| D. | the acquisition of computer software and/or computer hardware for instructional purposes |
The Superintendent shall ensure that the specifications for any public improvement project for which bids are solicited do not require any bidder
| A. | to enter into agreements with labor organizations on said public improvement; or | |
| B. | to 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 Superintendent or designee 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; | |
| G. | a signed affidavit ensuring that neither the bidder nor any sub-contractor has entered into an agreement with any labor organization regarding the public improvement project. |
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 the reaffirm or reverse its decision.
Limitations
Then and Now Certificate
If the Treasurer can certify that both at the time of the purchase and at the time of certification, sufficient funds were available or in the process of collection, to the credit of the respective fund, properly appropriated and free from previous encumbrance, the expenditure may be authorized. The Board may approve such payment within thirty (30) days from receipt of such certificate.
Amounts of less than $3,000 may be paid by the Treasurer upon completion of the "then and now" certificate, provided that the expenditure is otherwise lawful.
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.
Requirements
Before the Superintendent or his/her designee, places a purchase order, s/he shall check as to whether the proposed purchase is subject to bid, request from the Treasurer 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.
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, 9.311, 9.312, 9.314, 153.12, 153.54, 2909.33,
3313.37November, 1995
Revised 9/16/96
Revised 1/22/01
Revised 1/22/07
Revised 8/25/08