Procurement Procedures & Procurement Policy

  • PROCUREMENT PROCEDURES DJC-RA

     

     

    PURPOSE
    Procurement transactions will be conducted utilizing best business practices in accordance with Board of Education policy and state and federal regulations. Materials, equipment, and services will be purchased based on the best possible cost, quality, and delivery from vendors participating in our competitive procurement process with sensitivity to the desire of the Board to deal with local businesses when possible.

    RESPONSIBILITY
    The Superintendent of Schools (the Superintendent), or designee, is authorized to purchase on behalf of the Board of Education of Cecil County (the Board) when formal bidding procedures are not required by law, and when budget appropriations are adequate to cover such obligations.
    The Purchasing Agent, as the primary designee of the Superintendent, is responsible for administering this regulation.
    All contractual agreements between the Board, and any supplier, must be made by formal purchase order, agreement, or contract, specifying the terms and conditions, and signed by the Superintendent, or designee, and the corporate official of the supplier.

    PROCEDURES
    COMPETITIVE PROCUREMENTS
    Competitive procurements are solicited as follows:

    1. $50,000 or more. Sealed Bids.

    A. If the cost of any school building, improvement, supply, or equipment is $50,000 or more, the contract shall be bid and awarded on the basis of competitive bidding as prescribed by the Annotated Code Of Maryland – Education Article, Section 5-112; provided, however, that this provision shall not apply to:

    a. contracts for the purchase of books and other materials of instruction as defined in the State Department of Education Financial Reporting Manual;
    b. emergency repairs; and
    c. the Board’s participation in contracts for goods or commodities that are awarded by other public agencies, or by intergovernmental purchasing organizations, if the lead agency for the contract follows public bidding procedures.

    B. Competitive bids or quotations are solicited when required by law or the potential for savings justifies this procedure. Awards are made to the lowest responsible bidder who conforms to specifications with consideration given to:

    a. the quantities involved;
    b. the time required for delivery;
    c. the purpose for which required;
    d. the competency and responsibility of the bidder;
    e. the ability of the bidder to perform satisfactory service; and
    f. the plan for utilization of minority contractors.

    C. Opportunity shall be provided to responsible suppliers to do business with the school system, including and specifically, vendors maintaining a place of business within Cecil County. To this end the Purchasing Agent shall develop and maintain lists of potential bidders for various types of materials, equipment, and supplies. Such bidders’ lists shall be used in the development of a contact list for distribution of specifications and invitations to bid. Responsible suppliers may be included on the list upon request.

    D. Place of business may be a consideration in cases where identical bids have been submitted and a failed attempt has been made to renegotiate a lower price between the bidders. The award will be made to the Cecil County-based bidder, the out-of-county Maryland-based bidder, the out-of-state bidder, and by lottery following the preference order.

    2. Less than $50,000 to $25,000. Competitive Quotations facilitated by the Purchasing Department.

    A. This provision shall apply to the purchase of goods and services not excluded in Section B below.

    a. Staff/departments must contact Purchasing department prior to issuing quotations to develop specifications, scope of work, timeline, and list of potential bidders. Best practices and equal opportunities for contractors and vendors will be ensured by this process.

    b. Process and timeframe is streamlined to ensure efficiency.

    Awards are made to the lowest responsible bidder who conforms to specifications with consideration given to:

    a. the quantities involved
    b. the time required for delivery
    c. the purpose for which required
    d. the competency and responsibility of the bidder
    e. the ability of the bidder to perform satisfactory service; and,
    f. the plan for utilization of minority contractors.

     

    B. This provision shall not apply to:

    a. contracts for the purchase of books and other materials of instruction as defined in the State Department of Education Financial Reporting Manual;
    b. emergency repairs;
    c. improvements less than $25,000; and
    d. the Board’s participation in contracts for goods or commodities that are awarded by other public agencies, or by intergovernmental purchasing organizations, if the lead agency for the contract follows public bidding procedures. Written quotations must be obtained to hold prices firm until delivery of the products and/or services.

    3. $10,000 - $24,999. Written Quotations

    When the cost of any improvement, supply, or equipment exceeds $10,001, but is not more than $24,999, written viable quotations must be solicited from at least three vendors. Written quotations must be obtained to hold prices firm until delivery of the products and/or services.

    4. $10,000 or less. Purchase as needed.

    When the cost of any improvement, supply, or equipment is less than $10,000, these purchases may be made as needed without competitive solicitation. However, the maximum value for every dollar spent should be sought. Written quotation must be obtained to hold prices firm until delivery of the products and/or services.

    VENDOR/CONTRACTOR LISTS
    Opportunity shall be provided to responsible suppliers to do business with the school system, including and specifically, vendors maintaining a place of business within Cecil County. To this end the Purchasing Agent shall develop and maintain lists of potential bidders for various types of materials, equipment, and supplies. Such bidders’ lists shall be used in the development of a contact list for distribution of specifications and invitations to bid. 

    PLACE OF BUSINESS
    Place of business may be a consideration in cases where identical bids have been submitted and a failed attempt has been made to renegotiate a lower price between the bidders. The award will be made to the Cecil County-based bidder, the out-of-county Maryland-based bidder, the out-of-state bidder, and by lottery following the preference order.

    SOLE SOURCE PROCUREMENTS
    Sole source procurements occur when alternate sources of supply are not available. Written documentation must be provided by the Department Head verifying the fact that there is only one source of supply for the item(s) purchased.

    A. Sole source procurements less than $25,000. The best possible price must be negotiated.
    B. Sole source procurements in excess of $25,000. Procurements must be bid and/or the best possible price negotiated, in consultation with the Purchasing Office.

    STANDARDIZATION
    For the purpose of cooperative purchasing, items commonly used in the various schools or departments shall be standardized, whenever consistent with educational goals and in the interest of efficiency or economy.

    EMERGENCY REPAIRS
    Emergency repairs are those repairs where time is of the essence and immediate action is required. Such emergency repairs are done at the discretion of the Department Head.

    A. Emergency repairs between $10,000- $25,000. Written documentation must be provided by the Department Head verifying the fact the repairs were necessary on an emergency basis. The documentation should be attached to the request for payment.

    B. Emergency repairs in excess of $25,000 should be made in consultation with the Department Head and the Superintendent or designee. Written documentation signed by the Department Head and the Superintendent, or designee, verifying the fact the repairs were necessary on an emergency basis must be attached to the request for payment.

    STUDENT/PARENT PROCUREMENTS
    No employee of the Board is to rent, sell, or repair products or provide service to students or their parents for use in any school program or activity without prior approval of the Superintendent or designee. In addition, no list of students or their parents is to be made available to sales representatives and no sales promotional literature is to be distributed to students or their parents without authorization. When it is necessary for a student or parent to purchase or rent equipment and/or products for student use in an educational program, a list of suppliers may be furnished to parents to acquaint them with firms interested in supplying the product or service. However, no endorsement or guarantee of reliability of products/services is implied, should the school system furnish a supplier list. If repairs of equipment or products are required, such repairs are the sole responsibility of the student and/or parent and the Cecil County Public Schools and its employees assume no responsibility in this regard.

    PROCUREMENT POLICY  - DJC 
    1. The Board purchases competitively when possible and seeks maximum value for every dollar spent.
    2. The Superintendent, or designee, is authorized to purchase on behalf of the Board of Education of Cecil County (the Board) when formal bidding procedures are not required by law, and when budget appropriations are adequate to cover such obligations.
    3. If the cost of any school building, improvement, supply, or equipment is more than fifty thousand dollars ($50,000), the contract shall be bid and awarded on the basis of competitive bidding as prescribed by the Annotated Code of Maryland – Education Article, Section 5-112 provided, however, that this provision shall not apply to:
    a. contracts for the purchase of books or other materials on instruction as defined in the State Department of Education Financial Reporting Manual;
    b. emergency repairs; and,
    c. the Board’s participation in contracts for goods or commodities that are awarded by other public agencies, or by intergovernmental purchasing organizations, if the lead agency for the contract follows public bidding procedures.
    d. Multi-year contracts that exceed $50,000 will require Board of Education approval.
    4. Competitive bids or quotations are solicited when required by law or the potential savings justifies this procedure.
    5. The Board reserves the right to reject any and all bids and waive informalities.