Boulder Valley School District

DJ/DJE

  • D
  • Fiscal Management
DJ/DJE

File: DJ/DJE (pdf)
Adopted: January 13, 2009
Revised: November 12, 2019, February 28, 2023

PURCHASING AND CONTRACTING

Purchases are made to obtain the optimum value for each dollar expended. Competition is the basis for all purchasing, unless impractical, inefficient or impossible. Free and fair vendor competition and impartial evaluation shall be accomplished using methods and actions which uphold the highest ethical standards. The School District’s processes are intended also to avoid the acquisition of unnecessary or duplicative items.

The Procurement Director shall have the authority to establish procurement processes and to establish and maintain terms and conditions to govern School District procurements.

The Procurement Department issues purchase orders and is authorized to issue procurement cards for the purchase of goods and services authorized in the School District's adopted budget and purchased in accordance with this policy. Procurement Department staff members are solely authorized to issue a School District purchase order or School District purchase order number, or to revise or cancel a School District purchase order.

1.     Awards
First consideration in making awards will be the interests, policies, and objectives of the School District. Other factors to be considered include quality, availability, and price of the product or service, and responsibility and responsiveness of the vendor. The School District reserves the right to cancel any solicitations, and reject any and all bids or offers, in  whole or in part.

2.     Contracts
School District staff with budget authority are permitted to make purchases for small dollar amounts, up to $10,000, for items that can be purchased with a Pcard, such as consumable supplies and goods. School District staff shall not sign contracts or commit to purchases that include terms and conditions. Board policy requirements, including the competitive procurement requirements set forth below, shall apply.

The Superintendent or designee has the authority to enter into contracts for goods or services or other activities within the mission of the School District provided that the amount involved does not exceed $50,000.

Contracts between $50,000 and $100,000 must be signed by the Board President, but do not require formal Board approval if the provisions of this policy have been complied with and funds have been budgeted. Unless otherwise provided by policy or resolution, all School District contracts exceeding $100,000 shall first be authorized by Board action prepared with the approval of the attorney for the School District. Following Board approval, all contracts shall be executed by the President and Secretary. The Secretary shall see that one properly executed copy is delivered to the other party, a copy is delivered to the appropriate school or department and a copy is properly filed with the Board's records.

3.     Discretionary Purchases, Quotations, Bids and Requests for Proposals (RFP)
Competition for the purchase of goods and services, except professional services and food, shall be accomplished as indicated below. 

 PURCHASE OF GOODS/SERVICES

METHOD

Micro Purchases:
Up to $10,000

Prefer purchases made on School District Pcard in accordance with School District Pcard procedures.

Small Purchases
$10,000 - $250,000

Competitive quotations required

•      Written quotes
•      2 or more vendors

Solicitations will be awarded in accordance with the District's Purchasing Department procedures as promulgated by the Purchasing Director or designee.

$250,000 and higher
(unit price – goods or services or combination, i.e., project)

Competitive sealed bid or RFP process. Procurement Staff will conduct solicitation process.

 


Pricing for large volume purchases will be obtained, even if not required, through a quotation process or sealed bid process if significant savings are anticipated.

Procurements, including solicitations, contracts or awards, shall not be divided for the purpose of circumventing purchasing policy dollar threshold requirements.

4.     Special Circumstances
A contract for goods or services may be awarded without competition if the Purchasing Director determines that at least one of the following conditions exists:

  1. There exists only one responsible source (e.g., textbooks, yearbooks, tests, teaching aids, certain publications, videos, films, software) 
  2. A competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the School District, will otherwise injure the School District’s financial interests or will substantially impede the School District’s administrative functions or the delivery of services. 
  3. A particular supply or service is required to maintain interchangeability or compatibility as a part of an existing integrated system.
  4. A particular supply or service is required in order to standardize or maintain standardization for the purpose of reducing financial investment or simplifying administration. 
  5. The supply is perishable (e.g., live specimens for science class)
  6. The product or service is the subject of an insurance claim or a change order. Change orders shall not exceed a cumulative cost of seven percent (7%) for new construction and or of ten percent (10%) for remodeling projects of the original contract awarded pursuant to a competitive solicitation. 
  7. A particular supply is required to match goods in use, so as to produce visual harmony. 
  8. An unusual or unique situation exists that makes the application of competitive solicitation requirements contrary to the best interest of the School District.

Note: Special Circumstances justifications shall be documented on the single/sole source form. This form shall be utilized for items above $10,000 in value and reviewed by the Director of Purchasing or designee.

5.    Sole Source Procurements
Sole source procurements in lieu of required competition will be permitted upon submittal by the requestor of acceptable documentation to the Procurement Department verifying that: 1) There is only one product or service that can reasonably meet the requirements, AND 2) There is only one vendor who can reasonably provide that product or service.

6.    Procurement Cards
Schools and departments may apply to the Procurement Department for the issuance of procurement cards to authorized employees. The cards may be used for small purchases within restricted dollar and commodity limits and rules established by the Procurement Department and the building principal or budget manager. All procurement cardholders shall comply with the terms and conditions of the cardholder handbook and agreement.

7.     Sale of Goods and Services by District Employees

a)    Goods:  No employee of the District, and no firm owned in whole or in part by an employee of the District will be allowed to sell to the District, to students of the District  or to parents/guardians of students, goods of any kind without prior approval of the Board.

b)   Services:  No employee of the District, and no firm owned in whole or in part by an employee of the District will be allowed to sell to the District, to students of the District or to parents/guardians of students, services of any kind in excess of $500 unit cost, without prior approval of the Superintendent or designee.

8.     Cooperative Purchasing
The Procurement Department may join in cooperative purchasing with other school districts, the State of Colorado, or any other entity where such purchasing benefits the District.

9.     Emergency Purchases
If a condition develops which is likely to result in immediate physical injury to persons, damage to District property, interruption of District operations, or significant financial loss to the District if action is not taken immediately, limited emergency purchases can be made without following the competitive bid procedures if the Superintendent or designee so authorizes. Written documentation shall be provided to the Procurement Director justifying such emergency purchases.

10.   Additional Standards Applicable Under the Federal Uniform Grant Guidance
The School District will comply with the federal Uniform Grant Guidance and/or other applicable federal law with respect to School District purchases made in whole or in part with federal funds.

11.   Recordkeeping
The School District must maintain records sufficient to detail the history of procurements made with federal funds. These records may include, but not necessarily be limited to, the following: rationale for the method of procurement, contractor selection or rejection, and the basis for the contract price (including a cost or price analysis). Retention of such procurement records must be in accordance with applicable law and Board policy.

 

LEGAL REFS.:
2 C.F.R. Part 200 Subpart D (post-award requirements under the federal Uniform Grant
Guidance)
7 C.F.R. 226 (USDA procurement thresholds)
7 C.F.R. 3016.36 (USDA’s procurement standards)
7 C.F.R. 3016.37 (USDA’s procurement requirements for subgrants)
34 C.F.R. Parts 75, 76 (EDGAR - Education Department General Administrative Regulations)
48 C.F.R. Subpart 2.1 (micro-purchase and competitive bidding thresholds)
C.R.S. § 22-32-109(1)(b) (board required to adopt bidding procedures)
C.R.S. § 22-32-144(4) (background check provision required in service contracts)
C.R.S. § 22-63-204 (un lawful for any teacher to receive money from the sale of items to students and families without board approval)

 

End of File: DJ/DJE