Attachment #2 2006 5410
1
Non-Instructional/Business
Operations
SUBJECT: PURCHASING
The District's purchasing activities will be part of the responsibilities of the Business Office, under the general supervision of the Purchasing Agent designated by the Board of Education. The purchasing process should enhance school operations and educational programs through the procurement of goods and services deemed necessary to meet District needs.
Competitive Bids and
Quotations
As required by law, the Superintendent will follow normal bidding procedures in all cases where needed quantities of like items will total the maximum level allowed by law during the fiscal year, (similarly for public works-construction, repair, etc.) and in such other cases that seem to be to the financial advantage of the School District.
A bid bond may be required if considered advisable.
No bid for supplies shall be accepted that does not conform to specifications furnished unless specifications are waived by Board action. Contracts shall be awarded to the lowest responsible bidder who meets specifications. However, the Board may choose to reject any bid.
Rules shall be developed by the administration for the competitive purchasing of goods and services.
The Superintendent may authorize purchases within the approved budget without bidding if required by emergencies and are legally permitted.
The
Superintendent is authorized to enter into cooperative bidding for various
needs of the
Procurement of Goods and Services
The Board of Education recognizes its responsibility to ensure the development of procedures for the procurement of goods and services not required by law to be made pursuant to competitive bidding requirements. These goods and services must be procured in a manner so as to:
a) Assure the prudent and economical use of public moneys in the best interest of the taxpayer;
b) Facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances; and
c) Guard against favoritism, improvidence, extravagance, fraud and corruption.
(Continued)
Attachment #2 2006 5410
2
Non-Instructional/Business
Operations
SUBJECT: PURCHASING (Cont'd.)
These procedures shall contain, at a minimum, provisions which:
a) Prescribe a process for determining whether a procurement of goods and services is subject to competitive bidding and if it is not, documenting the basis for such determination;
b) With certain exceptions (purchases pursuant to General Municipal Law, Section 186; State Finance Law, Sections 175-a and 175-b; State Correction Law, Section 184; or those circumstances or types of procurements set forth in (f) of this section), provide that alternative proposals or quotations for goods and services shall be secured by use of written request for proposals, written quotations, verbal quotations or any other method of procurement which furthers the purposes of Section 104-b of General Municipal Law;
c) Set forth when each method of procurement will be utilized;
d) Require adequate documentation of actions taken with each method of procurement;
e) Require justification and documentation of any contract awarded to other than the lowest responsible dollar offer, stating the reasons; and
f) Set forth any circumstances when, or the types of procurement for which, the solicitation of alternative proposals or quotations will not be in the best interest of the District.
Any unintentional failure to fully comply with these provisions shall not be grounds to void action taken or give rise to a cause of action against the District or any District employee.
The Board of Education shall solicit comments concerning the District's policies and procedures from those employees involved in the procurement process. All policies and procedures regarding the procurement of goods and services shall be reviewed annually by the Board.
Alternative Formats
for Instructional Materials
Preference in the purchase of instructional materials will be given to vendors who agree to provide materials in a usable alternative format (i.e., any medium or format, other than a traditional print textbook, for presentation of instructional materials that is needed as an accommodation for each student with a disability, including students requiring Section 504 Accommodation Plans, enrolled in the School District). 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.
(Continued)
Attachment #2 2006 5410
3
Non-Instructional/Business
Operations
SUBJECT: PURCHASING (Cont'd.)
District Plan
The
District has developed a plan to ensure that all instructional materials to be
used in the schools of the District are available in a usable alternative
format for each student with a disability, including students requiring Section
504 Accommodation Plans, in accordance with his/her educational needs and
course selection, at the same time as such instructional materials are
available to non-disabled students. The
District Plan shall include those provisions mandated by Education Law and
Commissioner's Regulations.
Apparel
and Sports Equipment Purchases
Competitive Bidding Purchases
The
Board of Education will only accept bids from "responsible bidders." A determination that a bidder on a contract
for the purchase of apparel or 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 compensation, working conditions, employee 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.
Non-Competitive Bidding Purchases
The Board's 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, from any vendor 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 compensation, working conditions, employee 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.
(Continued)
Attachment #2 2006 5410
4
Non-Instructional/Business
Operations
SUBJECT: PURCHASING (Cont'd.)
Contracts for Goods
and Services
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.
No
Board member or employee of the School District shall have an interest in any
contract entered into by the Board or the
Upon the adoption of a resolution by a vote of at least three-fifths of all Board members stating that for reasons of efficiency or economy there is need for standardization, purchase contracts for a particular type or kind of equipment, materials or supplies of more than ten thousand dollars may be awarded by the Board to the lowest responsible bidder furnishing the required security after advertisement for sealed bids in the manner provided in law.
Cooperative Purchasing
The Ravena-Coeymans-Selkirk Central School District Board of Education recognizes its responsibility to the public to secure quality goods and services needed for the operation of the district at the lowest responsible price.
One way in which this goal can be achieved is through participation with the Board of Cooperative Educational Services, with other school districts, or with other branches of municipal government in the cooperative purchase of goods and/or services. Participation in such ventures will require approval by the Board of Education.
Education Law Sections 305(14), 1604, 1709, 1950,
2503,
2554 and 3602
General Municipal Law Articles 5-A and 18
8
Sections 170.2, 200.2(b)(10), 200.2(c)(2) and 200.2(i)
Adopted: 3/6/06