Procurement Policy and Procurement Procedures
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 onthe 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 and minority 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. When the cost of any building, improvement, supply, service, equipment, or multi-year contract for such costs $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 that are awarded by other public agencies, or byintergovernmental purchasing organizations, if the lead agency for the contract follows public biddingprocedures, contract terms, scope, specifications, and price meet our needs, and there is a clause allowingutilization by other parties. An assessment shall be made to determine the cost-effectiveness of the ICPA.
B. Competitive bids or quotations are solicited when required by law or the potential for savings justifies thisprocedure. Awards are made to the lowest responsible bidder who conforms to specifications with considerationgiven 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 CecilCounty-based bidder, the out-of-county Maryland-based bidder, the out-of-state bidder, and by lottery following the preference order.
2. $25,000 or more but less than $50,000.
Competitive Quotations facilitated by the Purchasing Department.
A. When the cost of any building, improvement, supply, service, equipment, or multi-year contract for such cost sis $25,000 or more but less than $50,000
a. Staff/departments must contact the Purchasing Department prior to Purchasing issuing formalquotations, to develop specifications, scope of work, timeline, and list of potential bidders. Best practice sand equal opportunities for contractors and vendors will be ensured by this process.
b. Process and timeframe are streamlined to ensure efficiency and best outcome.
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 StateDepartment of Education Financial Reporting Manual;
b. emergency repairs;
c. purchases less than $25,000;
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 the delivery of the products and/or services.
3. $10,000 or more but less than $25,000. Written Quotations
When the cost of any building improvement, supply, service, equipment, or multi-year contract for such costs is$10,000 or more but less than $25,000, 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.
A. 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. purchases less than $10,000;
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.
4. Less than $10,000. Purchase as needed.
When the cost of any building improvement, purchase, supply, service, 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.
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA)
ICPAs may be used for any dollar amount only after the Purchasing Department assessed that the purchase iscost-effective, due diligence has been performed, and if the following conditions are met:
a. a written assessment of the benefits of using an ICPA as required by State law is prepared.
b. all costs of conducting competitive solicitations are analyzed.
c. available ICPAs are researched, compared, and evaluated.
d. verify ICPA has a clause allowing utilization by other parties.
e. verify terms, scope of services, specifications, and price meet our needs.
f. execute an addendum of participation with lead agency and remove or incorporate necessary local terms and conditions.
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. For purchases $10,000 or more, written documentation must be provided to the Purchasing Department from the Department Head verifying the fact that there is only one source of supply for the item(s) requested. For all sole source purchases, the best possible price must be negotiated. Sole source procurements of $50,000 or more must be approved by the Board before purchase.
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.
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.
A. Emergency repairs in excess of $25,000 should be made in consultation with the Department Head and by 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. When the cost of any building, improvement, supply, service, equipment, or multi-year contract for such costs fifty thousand dollars ($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 or 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 that are awarded by other public agencies or by intergovernmental purchasing organizations, if the lead agency for the contract follows public bidding procedures, contract terms, scope, specifications, and price meet our needs, and there is a clause allowing utilization by other parties.
4. Competitive bids or quotations are solicited when required by law, or the potential savings justify this procedure.
5. All purchases of fifty thousand ($50,000) or more must have Board approval even if the public bidding procedure is not required. The Board reserves the right to reject any and all bids and waive informalities.