WCSD Policy Manual

Book:
WCSD Policy Manual

Section:
6000 Fiscal Management

Title:
Purchasing Regulation

Number:
6700-R

Status:
Active

Legal:

Adopted:
09/20/1994

Last Revised:
08/28/2006

Last Reviewed:
01/25/2010
Policy Detail
The following sets forth the procedures for procurement of goods and services by the District.

Procedures for the Purchase of Commodities, Equipment, or Goods

DOLLAR LIMIT PROCEDURE

Proper written documentation is required when the quote is not awarded to the vendor giving the lowest price. Quotes will be awarded to the lowest responsible and responsive vendor, as determined by the Purchasing Agent.

Proper written documentation, acceptable to the Purchasing Department must be given if the required number of quotes cannot be accommodated.

Formal bidding under the monetary threshold at the discretion of the Purchasing Agent.

Procedures for Public Works Projects/Contracts

DOLLAR LIMIT PROCEDURE

Whenever other than the lowest quote is awarded, there must be written documentation of the reason for the award.

Under NO circumstances can a quote that exceeds the bid limit be awarded.

Exceptions to Policy

A public emergency is one which may affect "life, health, safety of children and where immediate action cannot await competitive bidding", e.g., fire, plumbing (see General Municipal Law 103, subdiv. 4). The Opinion Letter of the State Comptroller NO. 74-339 states that "the governing board or other appropriate body should adopt a resolution declaring that an emergency exists and setting forth the facts upon which the declaration is based. Public emergencies are also addressed in the Office of State Comptroller's Financial Management Guide, Subsec. 8.0020, p. 1, '85, #5, and in the Opinion Letter of the State Comptroller #25-414, '69.

Method of Determining Whether Procurement is Subject to Competitive Bidding:

1. The District will first determine if the proposed procurement is a purchase contract or a contract for public work.

2. If the procurement is either a purchase contract or a contract for public work, the District will then determine whether the amount of the annual procurement is above the applicable monetary threshold as set forth above.

3. The District will also determine whether any applicable exceptions to the competitive bidding requirements exist.

Contract Combining Professional Services and Purchase

In the event that a contract combines the provision of professional services and a purchase, the District, in dertermining the appropriate monetary threshold criteria to apply to the contract, will determine whether the professional service or the purchase is the predominant part of the transaction.

Documentation of Competitive Bids

The District will maintain proper written documentation which will set forth the method in which it determined whether the procurement is a purchase or public work contract.

Leases of Personal Property

In addition to the above mentioned competitive bidding requirements, Section 1725 of the Education Law requires that the District will be subject to competitive bidding requirements for purchase contracts when it enters into a lease of personal property. The District will maintain written documentation such as quotes, cost benefit analysis of leasing versus purchasing, etc. Any legal issues regarding the applicability of competitive bidding requirements will be presented to the school attorney for review.

Professional Service and Consultants

Section 104-b of the General Municipal Law states that goods and services not required to be procured by competitive bidding, such as professional services (legal, medical, property appraisals and insurance), must "be procured in a manner so as to assure the prudent and economical use of public moneys in the best interest of the taxpayer". To ensure this and to "guard against favoritism, improvidence, extravagance, fraud and corruption", the law requires school boards to adopt internal policies and procedures governing procurement of these goods and services that will "further these obligations" including:


The governing board shall review its procedure annually.

Unintentional failure to comply with the procedures do not void a contract or supply guards for an action versus the school district or an individual.

Whereas the intent of General Law 104-b also includes the hiring of consultants and professionals, the following policy shall apply:

Procedure

Requests for Proposals:

The District will contact a number of professionals and request that they submit written proposals. The RFP's may include negotiations on a fair and equal basis. The RFP's and evaluation of such proposals will consider price, plus other factors, such as:

(a) the special knowledge or expertise of the professional or consultant service;

(b) the quality of the service to be provided;

(c) the staffing of the service; and

(d) the suitability for the District's needs.

The District will first locate prospective, qualified firms by: (a) advertising in trade journals; (b) checking listings of professionals; (c) making inquiries of other districts or appropriate sources.

Any professional service (pursuant to 104-b of the General Municipal Law) shall be engaged at the discretion of the Superintendent or his/her designee, with the approval of the Board of Education.

The Board of Education is required to annually review these policies and procedures.

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