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Subject: PURCHASING AND
PROCUREMENT
It is the goal of the Board of Education to purchase competitively, without prejudice or favoritism, and to seek the maximum educational value for every dollar expended. The Superintendent shall have overall administrative responsibility for all purchasing of equipment, materials, supplies, and services. Purchasing will be centralized in the Business Office under the general supervision of the purchasing agent designated by the Board of Education.
The purchasing agent is authorized to issue purchase orders without prior approval of the Board of Education where formal bidding procedures are not required by law, and when budget appropriations are adequate to cover such obligations. When appropriations are not adequate, the Business Manager may be authorized by the Superintendent to make budgetary transfers in accordance with the regulations of the Commissioner of Education up to the limit approved by the Board of Education at the annual Organizational Meeting.
Objectives
The District's purchasing activity will strive to meet each of the following objectives:
1. Effectively supply all administrative units in the school system with needed materials, supplies, and contracted services.
2. Obtain materials, supplies and contracted services at the lowest possible prices consistent with the quality and standards needed as determined by the purchasing agent in cooperation with the requisitioning authority. The educational welfare of the students is the foremost consideration in making any purchase.
3. Ensure that all purchases fall within the framework of budgetary limitations and that they are consistent with the educational goals and programs of the District;
4. Maintain an appropriate and comprehensive accounting and reporting system to record and document all purchasing transactions.
5. Ensure, through the use of proper internal controls, that loss and/or diversion of district property is prevented.
Opportunities shall be
provided to all responsible suppliers to do business with the
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Cooperative Bids, State Contracts, Other State Agencies
Purchases will be made through available cooperative BOCES bids, State Contracts of the Office of General Services or county contracts whenever such purchases are in the best interests of the District. In addition, the District will make purchases from correctional institutions and charitable, nonprofit‑making institutions for disabled persons, as provided by law. (Corrections Law, Sections 184, 186; State Finance Law, Section 175‑b)
Statutory Exceptions
The purchasing agent will not be required to secure alternative proposals or quotations for:
1 emergencies where time is a crucial factor;
2 procurements for which there is no possibility of competition (sole source items);
3 procurement of professional services, which, because of the confidential nature of the services, do not lend themselves to procurement through solicitation; or
4 small procurements when solicitations of competition would not be cost effective.
Ethics and Conflicts of Interest
No board member, officer or
employee of the
Professional Judgement
The determination as to whether a purchase contract is subject to the competitive bidding requirement will be made by the purchasing agent in accordance with applicable statutes. The purchasing agent shall document supporting evidence and maintain all records used in making this determination.
Procurements That Require Competitive Bidding
When BOCES cooperative bids or State Contract pricing are not available, all purchases (not considered statutory exclusions) for materials, equipment or supplies (purchase contracts) involving a total estimated annual expenditure of over $10,000 and all public works contracts involving a total estimated annual expenditure of over $20,000 shall be awarded on the basis of public advertising and competitive bidding in accordance with the requirements of Article 5‑a of the General Municipal Law. Similar procurements to be made in a fiscal year will be grouped together for the purpose of determining whether a particular item must be bid.
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A bid bond may be required if considered advisable.
The purchasing agent is authorized to open and record bids. Contracts will be awarded to the lowest responsible bidder (as recommended by the purchasing agent), who has furnished the required security after responding to an advertisement for sealed bids.
Procurements That Do Not Require a Competitive Bidding
Purchases of goods and services that fall below the statutory limits of $10,000 or $20,000 and do not require competitive bidding under Article 5‑a of the General Municipal Law may still be procured through the use of a cooperative BOCES bid, State Contract, or a competitive bid at the school district level when it is in the best interest of the District to do so. For purchases of materials, equipment and supplies between $5,000 and $10,000, and for public works contracts between $5,000 and $20,000, the Superintendent is authorized to make the determination whether the District shall use the competitive bidding process or shall seek quotations as described below.
Quotations or prices for materials, equipment or supplies involving a total annual expenditure of less than $10,000 and for public works contracts involving a total annual expenditure of less than $20,000 shall generally be obtained by the purchasing agent as follows:
Purchase Contracts for supplies, budgeted equipment & contracts (except food service & transportation - see below):
Annual
Purchase Amount Requirement Response
$1 - $500 Must be in approved budget Claim Form Approved by Supv. or Purch. Agent
$1 ‑ $5,000 Best prices through comparison Approved Requisition
of catalogs and/or quotations & Purchase Order
$5,001‑$7,000 No less than 2 quotations Approved Requisition
Recorded on requisition if verbal & Purchase Order
$7,001‑$10,000 No less than 3 quotations Approved Requisition
Written & Purchase Order
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Contract for Public Works
Annual
Contract Amount Requirement Response
$500‑$2,000 Superintendent’s or Approved Requisition
Business Mgr.’s approval * & Purchase Order
$2,001‑$5,000 At least 2 quotes or proposals Approved Requisition
and Superintendent's approval * & Purchase Order
$5,001‑$20,000 At least 3 quotes or proposals Approved Requisition
and BOE approval* & Purchase Order
* Approval obtained through budget planning and adoption process.
The District will provide justification and documentation of any contract awarded to other than the lowest responsible dollar offer or, setting forth the reasons why such award is in the best interests of the District and otherwise furthers the purposes of section 104‑b of the General Municipal Law.
Periodic, On-going
Purchases from Local Vendors
It is recognized that small, monthly purchases from local vendors may be in the best interest of the District in terms of time, convenience, and avoidance of shipping and handling costs. The purchasing agent is authorized to issue blanket purchase orders to local vendors to encumber to total estimated cost of on-going purchases. Monthly payments will be made by comparing signed invoice copies to monthly statements received from the vendors.
Food Service Purchases -
Food, Supplies & Contractual Expenditures
The shared School Food
Service Specialist will coordinate district requirements and participate in Cooperative Bids available
through the various BOCES and will seek quotes for local produce. Milk and
produce will be ordered by the Cook/Managers as needed from the approved
vendors. All other foods and supplies
will be ordered by the Food Service Specialist from the approved bids. Purchase
orders will not be used to order cafeteria food and supplies, but any equipment
purchases do require the Business Manager's approval and a school purchase
order.
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Transportation
Department Purchases - Materials, Repairs & Supplies
The Transportation Supervisor will authorize purchases required for the maintenance of the bus fleet and other district vehicles, subject to the same requirements as for other district purchases. Diesel fuel will be purchased only through state contract, and state contract pricing or cooperative bids will be used for other supplies whenever possible. Purchase orders are not required, but the supervisor shall maintain all documentation for purchases and submit verified, signed packing slips and invoices to the business office at least monthly where invoices will be matched to monthly statements from the vendors.
Review and Updating of Procurement Policy and Procedures
This policy and its accompanying procedures shall be reviewed at least once annually before August 31 by members of the Board of Education and by other officers of the District involved in the procurement process. The purpose of this review is to ensure that the policy and procedures stay current and appropriate to meet the changing needs of the District.
Unintentional Failure to Comply
The unintentional failure
to fully comply with the provisions of Section 104‑b and this policy and
its accompanying procedures shall not be grounds to void action taken or give
rise to a cause of action against the
Date Approved: January 14, 2008