5410 - Procurement Policy
|Policy: Procurement Policy||Policy Number: 5410|
|Date of Original Policy: 07/14/2005||Date Revision Adopted: 11/06/2019|
|Reviewed by Policy Committee: 09/20/2019||Date of Next Review: 11/19/2020|
|Replacement of Policy Number:|
This policy applied to all purchases of goods and services by the Jordan Elbridge School District (the “District”)
The primary objectives of the District procurement policies are:
b) To effectively supply all administrative unites in the District with needed materials, supplies and contracted services.
c) To purchase competitively, without prejudice or favoritism.
d) To obtain materials, supplies and contracted services at the lowest prices possible consistent with required standards of quality.
e) To ensure that all purchases are within the framework of budgetary limitations and that they are consistent with the educational goals and programs of the District.
f) To seek maximum educational value for every dollar expended
Delegation of Authority
The school business official shall have primary responsibility to establish written procedures to support the District’s procurement policies. The acquisition of services, equipment and supplies shall be centralized under the School Business Office and shall be the responsibility of a person designated by the Board as Purchasing Agent.
No contracts for goods and services shall be made by individuals or organizations in the school that involve expenditures without first securing approval for such contract from the Purchasing Agent.
This policy does not apply to the use of legal services, which requires the formal approval of the Board of Education.
As required by law, the District will follow required competitive bidding procedures when it is known or can be reasonably expected that the aggregate amount to be spent on purchases of the same or similar commodities, or the same type of public work, will exceed the dollar thresholds over the course of the fiscal year. As a general guide, items of the same or similar nature which are customarily handled by the same vendor will be treated as single item for the purposes of determining whether the dollar threshold will be exceeded. By law, any agreement by the District for the lease of personal property is subject to competitive bidding requirements.
A statement of “General Conditions” which has been approved by the Board of Education shall be included with all specifications submitted to suppliers for their bids and shall be incorporated in all contracts awarded. All Contracts which require public advertising and competitive bidding shall be awarded by resolution of the Board. Contracts shall be awarded to the lowest responsible bidder who meets specifications. The Board, however, may choose to reject any bid.
Apparel and Sports Equipment Purchases
Competitive Bidding Purchases
The Board of Education will only accept bids form “responsible bidders.” A determination that a bidder on a contract for the purchase of apparel for sports equipment is not a responsible bidder shall be based upon either or both of the following considerations:
a) The labor standards applicable to the manufacture of the apparel, or sports equipment, including but not limited to employee compensations, working conditions, employees rights to form unions, and the use of child labor; or
b) The bidder’s failure to provide information sufficient for the Board of Education to determine the labor standards applicable to the manufacture of the apparel or sports equipment
c) All purchases will be consistent with the district’s Graphics Standards Manual
Non Competitive Bidding Purchases
The Boards internal policies and procedures governing procurement of apparel or sports equipment, where such procurement is not required to be made pursuant to competitive bidding requirements, shall prohibit the purchase of apparel or sports equipment, form any vendor based upon either or both of the following considerations:
b) The bidder’s failure to provide information sufficient for the Board of Education to determine the labor standards applicable to the manufacture of the apparel or sports equipment.
The District may join together with others to purchase materials and supplies in bulk to the benefit of lower prices. Any agreement for joint purchasing entered into by the District shall contain provisions relative to the manner of making and awarding these contracts and must conform to the competitive bidding law. All proposals and contracts for cooperative purchasing shall be submitted to the Board of Educations for consideration and approval. The board, at its discretion, may approve annually the District’s participation in cooperative bids with one or more BOCES.
Procurements Not Subject to Competitive Bidding
Goods and services which are not required by law to be procured pursuant to competitive bidding must be procured in a manner so as to assure the prudent and economical use of public moneys, in the best interest of the taxpayers, to facilitate the acquisition of goods and services of appropriate quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption.
The Purchasing Agent shall have primary responsibility to determine whether a procurement of goods or services is subject to competitive bidding. The basis for any determination that competitive bidding is not required by law will be documented in writing and shall include such evidence as written or verbal quotes that substantiate that the price of the item or service would not exceed the bidding limits, documentation that amounts expended in previous years for similar procurements did not exceed bidding thresholds, documentation to support the determination whether the procurement is a purchase or contract for public work, and other relevant information of support. Supporting documentation will be kept on file in the District’s Business Office.
Except for procurements made pursuant to General Municipal Law, Section 103(3) (through County Contracts) or Section 104 (through state contract), State Finance Law Section 175-b (from agencies for the blind or other severely handicapped, special employment programs for the mentally ill or veteran’s workshops, Correction Law Section 186 (articles manufactured in correctional institutions), or the items excepted herein, alternative proposals or quotations for goods and services shall be secured by use of written requests for proposals, written quotations, verbal quotations or any other method of procurement which furthers the purposes of General Municipal Law, Section 104-b. Appendix A provides a decision-making matrix of procedures to be followed for non-bid procurements. Documentation will be maintained in support of each method of procurement.
Whenever any contract is awarded to other than the lowest responsible dollar offer or, the reasons such an award furthers the purpose of General Municipal Law Section 104-b will be documented in writing. The documentation must summarize the facts supporting the decision as to why the decision is in the best interest of the District. The Purchasing Agent shall be responsible for ensuring the appropriate documentation for the decision is prepared and kept on file in the District’s Business Office.
The Board of Education sets forth the following circumstances when, or types of procurements for which, in the sole discretion of the Board, the solicitation of alternative proposals or quotations will not be in the best interest of the District:
b. Procurements for which there is no possibility of competition (sole source items)
c. Purchase contracts for materials of less than $2,000.00 and for services of less than $5,000.00
d. Public work contracts of less than $5,000.00
Input from School Officials
Comments concerning the policies and procedures shall be solicited from officials of the District therein involved in the procurement process prior to the enactment of the policies and procedures, and will be solicited from time to time thereafter.
Conflict of Interest
No board member, officer or employee of the District shall be interested financially in any contract entered into by the Board of Education, except as otherwise provided by law. This shall also preclude acceptance of any gratuities, financial or otherwise, by the above persons from any supplier or materials or services to the District contrary to the District’s Code of Ethics .
Unintentional Failure to Comply
The unintentional failure to fully comply with the provision of General Municipal Law, Section 104-b shall not be grounds to void action taken or give rise to a cause of action against the District or any officer or employee thereof.
Lease Purchase and Installment Contract
Subject to relevant legal and bidding requirements, the District may enter into lease-purchase agreements and/or installment contracts.
Alternative Formats for Instructional Materials
Preference in the purchase of instructional material will be given to vendor who agree to provide materials in alternative formats (i.e. any medium or format, other than a traditional print textbook for presentation of instructional materials that is needed as an accommodation for a student with a disability, including students required Section 504 Accommodation Plans. Alternative formats include, but are not limited to, Braille, large print, open and closed captioned audio, or an electronic file in an approved format as defined in Commissioner’s Regulations.
The Board of Education shall annually review these policies and procedures. The school business official shall be responsible for conducting an annual review of the procurement policy and for an evaluation of the internal control structure established to ensure compliance with the procurement policy.
Footnotes to Procurement Matrix:
a. Although these purchases are exempted by law from the requirement of written or verbal quotations or proposals, the Purchasing Agent shall document the use of the exception and verify that the source is in the best interest of the District. Where appropriate, comparisons of prices to catalogs or other market price comparison will be conducted.
b. The emergency situation must arise out of an accident or other unforeseen occurrence or condition and require immediate action that cannot await competitive bidding. At a minimum, documentation will include a telephone log of verbal quotes.
c. While insurance coverage is not subject to competitive bidding, the District will pursue written quotations through a bidding process or RFP. Documentation will include copies of written quotations.
d. Requests for Proposal (RFP) will be required for the initial selection of professional services and subsequently utilized at the discretion of the Board of Education.
e. There is a statutory exception to competitive bidding requirement for purchases of second-hand supplies, material or equipment from Federal or NYS government entities. Documentation will include market price comparisons (written or verbal quotes) and the name of the government.
f. Subject to regulatory requirement, the District may separately purchase certain food and milk products without competitive bidding. Documentation should be consistent with State Education Department Regulations.
g. Competitive bidding may not be required if the District determines that a particular item is required in the public interest and it is further determined that such item is available only form one source so that no possibility of competition exists. Documentation will include evidence of the unique benefits of the item as compared to other items available in the market, that no other item provides substantially equivalent or similar benefits, and considering the benefits received the cost of the item is reasonable. In addition, the documentation will evidence that there is no possibility of completion for the procurement.
h. Thresholds are subject to the aggregate total of like items from same vendor.
All information required by NOTICE TO BIDDERS, GENERAL CONDITIONS, SPECIFICATIONS and BID OFFER, in connection with each item against which a bid is submitted, must be given to constitute a regular bid.
The non-collusion bidding certification must be included with each bid and signed by the Bidder or his/her authorized representative, as required by General Municipal Law, Section 103-d.
Sales to school districts are not affected by any Fair Trade Agreements. (General Business Law, Ch. 39, Sec. 369-a, Sub. 3.L, 1941).
No charge will be allowed for Federal, State or Municipal Sales and Excise Taxes, since the school district is exempt from such taxes. The price bid shall be net and shall not include the amount of any such tax. Exemption certificates, if required, will be furnished on forms provided by the Bidder.
The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the supplies, materials, or equipment required and a representation that the bidder can furnish the supplies, materials, or equipment satisfactorily in complete compliance with the specifications.
Where items of equipment or supplies are designated by specific manufacturer, it is understood that the article as specified represents an accepted standard, but it is not intended to limit competition for bidding equivalents.
In all specifications, the words "or equal" are understood after each article giving manufacturer's name or catalog reference, or on any patented article. The decision of the school district, as to whether an alternate or substitution is in fact "equal" shall be final. If bidding on items other than those specified, bidder must in every instance give the trade designation of the item he/she proposes to furnish. Otherwise, the bid will be construed as submitted on the identical item as specified.
Bidder must insert the price per unit and the extensions against each item in his/her bid. In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices shall be extended in decimals, not fractions.
Prices shall be net, including transportation and delivery charges fully prepaid by the successful bidder to destination as indicated per purchase order. Title shall not pass until items have been delivered and accepted.
No alteration, erasure, or addition is to be made in the typewritten or printed matter. Deviation from the specifications must be set forth in space provided in the bid for this purpose.
Prices and information required, except signature of bidder, should be typewritten for legibility. Illegible or vague bids may be rejected. All signatures must be written. Facsimile, printed, or type-written signatures are not acceptable.
Each bidder shall be prepared, if so requested by the school district, to present evidence of his/her experience, qualification and financial ability to perform the terms of the contract. The school district reserves the right to reject any bid if its investigation of the bidder results that, in the school district’s opinion, the bidder is not properly qualified to perform.
All prices quoted must be “per unit” as specified: e.g., do not quote “per case” when “per dozen” is requested; otherwise, bid may be rejected.
All regularly manufactured stock electrical items must bear the label of the Underwriters= Laboratories, Inc.
When bids are requested on a lump sum basis, bidder must bid on each item in the lump sum group. A bidder desiring to bid “no charge” on an item in a group must so indicate; otherwise bid for the group may be rejected.
Successful bidder agrees that no employee of the Jordan-Elbridge Central School District shall be employed in any capacity by the successful bidder without written approval of the Superintendent of Schools.
If the supplies, materials, or equipment are to be delivered over an extended period of time, or if the specifications so state, then the successful bidder may be required to execute an agreement in relation to the performance of his contract, such agreement to be executed by the bidder within 15 days after notification to execute such contract. If the specifications so state, the successful bidder also may be required to furnish a performance bond equal to the full amount of the contract to guarantee the faithful performance of such contract. Such performance bond shall be maintained in full force and effect until the contract shall have been fully performed.The surety company furnishing such performance bond shall be authorized to do business in the State of New York and must be satisfactory to the attorney for the school district. The performance bond shall be executed by the successful bidder at the time of the execution of the contract by the successful bidder and the board, and must be satisfactory in form to the attorney for the school district.
Under penalty of perjury the bidder certifies that:
1. The bid has been arrived at by the bidder independently and has been submitted without collusion with any district personnel and/or other vendor of materials, supplies, or equipment of the type described in the invitation for bids, and
2. The contents of the bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid.
1. All specifications are minimum standards and accepted bid samples do not supersede specification for quality unless bid sample is superior, in which case deliveries must be the same identity and quality as accepted bid samples.
2. The school district reserves the right to request a representative sample of the item quoted upon either prior to the award or before shipments are made. If the sample is not in accordance with the requirements of the specification, the school district may reject the bid; or, if award has been made, cancel the contract at the expense of the successful bidder.
3. Samples, when required, must be submitted strictly in accordance with instructions; otherwise, bid may be rejected. If samples are requested subsequent to bid opening, they shall be delivered within ten (10) days of the request, or as directed, for bid to be considered. Samples must be furnished free of charge and must be accompanied by descriptive memorandum invoices indicating if the bidder desires their return and specifying the address to which they are to be returned provided they have not been used or made useless by tests. Award samples may be held for comparison with deliveries. The school district will not be responsible for any samples destroyed or mutilated by examination or testing. Samples shall be removed by the bidder at his expense. Samples not removed with fifteen (15) days after written notice to the bidder will be regarded as abandoned and the school district shall have the right to dispose of them as its own property.
4. When a specification indicates that an item to be purchased is to be equal to a sample, such sample will be on display at a designated location in the school district. Failure on the part of the bidder to examine sample shall not entitle him to any relief from the conditions imposed in the proposal, specifications, etc.
1. The Board of Education will evaluate the bids on a total basis and reserves the right to waive any informalities in or accept or reject any or all bids, and to contract with other than the lowest bidder, as is in the best interest of the school.
2. Awards will be made to the lowest responsible bidder, as will best promote the public interest, taking into consideration the competency and reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, their conformity with the specifications, the purposes for which required, and the terms of delivery.
3. The Board of Education wishes to avail itself of any and all discounts which may be available and discounts indicated will be considered in the final award to the bidder.
4. If two or more bidders submit identical bids as to price, the decision of the Board of Education to award a contract to one of such identical bidders shall be final.
5. All bids submitted shall be firm for 15 days after bid opening date, or until accepted by the Board of Education, whichever occurs first.
6. A contract may be canceled at the successful bidder’s expense upon non-performance of contract.
7. Cancellation of contract for any reason may result in the removal of the successful bidder's name from mailing list for future proposals for an indeterminate period.
The successful bidder guarantees:
His/her products against defective material or workmanship and to repair or replace any damages or marring occasioned in transit.
To furnish adequate protection from damage for all work and to repair damages of any kind for which his/her employees or agents are responsible, to the building or equipment, to his/her own work, or to the work of other successful bidders.
To carry adequate insurance to protect the school district from loss in case of accident, fire, theft, etc.
That any equipment or furniture offered is standard, new, latest model of regular stock product, or as required by the specifications, with parts regularly used for the type of equipment or furniture offered; also that no attachment or part has been substituted or applied contrary to manufacturer's recommendations and standard practice. Every unit delivered must be guaranteed against faulty material and workmanship for a period of at least one year from date of delivery. If during this period such faults develop, the successful bidder agrees to replace the unit or the part affected without cost to the school district.
Any merchandise provided under the contract which is or becomes defective during the guarantee period shall be replaced by the successful bidder free of charge, with the specific understanding that all replacements shall carry the same guarantee as the original equipment. The successful bidder shall make any such replacement immediately upon receiving notice from the school district.
That all deliveries will be equal to the accepted bid sample.
1. Each bid will be received with the understanding that the acceptance thereof in writing by the school district, approved by the board of education, to furnish any or all of the items described therein shall constitute a contract between the successful bidder and the school district. Contract shall bind the successful bidder on his part to furnish and deliver at the prices and in accordance with the conditions of his/her bid. Contract shall bind the school district on its part to order from such successful bidder (except in the case of emergency) and to pay for at the contract prices, all items ordered and delivered within ten (10) percent over or under the award quantity, unless otherwise specified.
2. The placing in the mail of a notice of award or purchase order to a successful bidder, to the address given in his bid, will be considered sufficient notice of acceptance of contract.
3. If the successful bidder fails to deliver within the time specified, or within reasonable time as interpreted by the school district, or fails to make replacement of rejected articles, when so requested, immediately or as directed by the school district, the school district may purchase from other sources to take the place of the item rejected or not delivered. The school district reserves the right to authorize immediate purchase from other sources against rejections on any contract when necessary. On all such purchases the successful bidder agrees to reimburse the school district promptly for excess costs occasioned by such purchases. Should the cost be less, the successful bidder shall have no claim to the difference. Such purchases will be deducted from contract quantity.
4. A contract may be cancelled at the successful bidders expense upon non-performance of contract.
5. If the successful bidder fails to deliver as ordered, the school district reserves the right to cancel the contract and purchase the balance from other sources at the successful bidder’s expense.
6. Cancellation of contract for any reason may result in removal of the successful bidder’s name from mailing list for future proposals for an indeterminate period.
7. When materials, equipment, or supplies are rejected, they must be removed by the successful bidder from the premises of the school district within five (5) days of notification. Rejected items left longer than five (5) days will be regarded as abandoned, and the school district shall have the right to dispose of them as its own property.
8. No items are to be shipped or delivered until receipt of an official order from the school district.
9. It is mutually understood and agreed that the successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or his right, title, or interest therein, or his power to execute such contract, to any other person, company, or corporation, without the previous written consent of the school district. Pursuant to general municipal law section 109, the school district shall revoke and annul the contract if this provision is violated.
10. If the contract is of such a character that the employees engaged thereon are required to be insured under the provisions of the workers’ compensation law, the contract shall be void and of no effect unless the successful bidder shall secure insurance under the workers’ compensation law and keep such insurance in effect during the life of the contract for the benefit of such employees, in compliance with the provisions of the workers’ compensation law.
1. Delivery must be made in accordance with the instructions on the purchase order. The decision of the school district as to reasonable compliance with delivery terms shall be final.
2. The school district will not accept any deliveries on Saturdays, Sundays or legal holidays, except commodities required for daily consumption or where delivery is for an emergency, a replacement, or is overdue, in which event the convenience of the school district shall govern.
3. Items shall be securely and properly packed for equipment, storage, and stacking in shipping containers and according to accepted commercial practice, without extra charge for packing cases, baling or sacks.
4. The successful bidder shall be responsible for delivery of items in good condition at point of destination. He/she shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The receiving school district will note for the benefit of the successful bidder when packages are not received in good condition.
5. Unless otherwise stated in the specifications, all items must be delivered into and placed at a point within the building as directed by the shipping instructions or the agent for the school district. The successful bidder will be required to furnish proof of delivery in every instance.
6. Unloading and placing of delivered items is the responsibility of the successful bidder, and the school district accepts no responsibility for unloading and placing of such items. Any costs incurred due to the failure of the successful bidder to comply with this requirement will be charged to him/her. No help for unloading will be provided by the school district, and suppliers should notify their truckers accordingly.
7. All deliveries shall be accompanied by delivery tickets or packing slips. Tickets shall contain the following: Contract Number and/or Purchase Order Number; Name of Article; Item Number; Quantity; and Name of the successful bidder. Cartons shall be labeled with purchase order or contract number, successful bidder's name and general statement of contents. Failure to comply with this condition shall be considered sufficient reason for refusal to accept the goods.
INSTALLATION OF EQUIPMENT
1. The successful bidder shall clean up and remove all debris and rubbish resulting from his work from time to time as required or directed.
Equipment, supplies and materials shall be stored at the site only on the approval of the school district and at the successful bidder’s risk. In general, such on site storage should be avoided to prevent possible damage or loss of the material.
Work shall be progressed so as to cause the least inconvenience to the school district and with proper consideration to the rights of other successful bidders or workmen. The successful bidder shall keep in touch with the entire operation and install his work promptly.
Bidders shall acquaint themselves with conditions to be found at the site and shall assume all responsibility for placing and installing the equipment in the locations required.
Equipment for trade-in shall be dismantled by the successful bidder and removed at his expense. The condition of the trade-in equipment at the time it is turned over to the successful bidder shall be the same as covered in the specifications, except as affected by normal wear and tear from use up to the time of trade-in. All trade-in equipment is represented simply “as is”. Equipment is available for inspection only at the delivery point listed for new equipment, unless otherwise specified.
1. Payment will be made only after correct presentation of claim forms or invoices, as may be required.
2. Partial payment will be permitted before successful completion of delivery of all items as indicated by specific purchase order.
3. Payment will be made after approval of claims by Jordan-Elbridge Central School District, Internal Claims Auditor.
4. Payments of any claim shall not preclude the school district from making claim for adjustment on any item found not to have been in accordance with the contract specifications.
INTERPRETATION AND ADDENDA
1. No oral explanation in regard to the meaning of specifications will be made and no oral instructions will be given before award of contracts. Prospective bidders must examine all documents carefully and before bidding must request from the school district, in writing, for an interpretation or correction of every ambiguity, inconsistency, error, discrepancy, omission or doubt herein.
2. Bidders shall act promptly in requesting any interpretation and shall allow sufficient time for such interpretation to be drafted and to reach all bidders before submission of their bids.
3. Such interpretation or correction as well as any additional contract provision school district may decide to include shall be issued in writing by the school district as an addendum which will be mailed or otherwise sent to each bidder of record not later than three (3) days prior to the date fixed for bid opening. Failure of any bidder to receive such addenda shall not relieve him/her of any obligation under his/her submitted bid. All addenda so issued shall become part of the contract.
4. If bidder, prior to submission of his/her bid, fails to call school district's attention to existence of any such ambiguity, inconsistency, error, discrepancy, omission or doubt in contract, his/her bid will be conclusively presumed to have been based upon interpretation of such ambiguity or inconsistency or the like, or direction correcting such error, which may subsequently be given by the school district.