PCSSD - 7.5P Purchases and Procurement

7.5P Purchases and Procurement

Purchases shall be made in accordance with State laws and procurement procedures governing school purchases that are deemed to be in the best interest of the District and are the result of fair and open competition between qualified bidders and suppliers. No bids shall be taken for professional services.

The Director of Purchasing, under the supervision of the Chief Financial Officer, will be responsible for implementing centralized purchasing through procedures set forth in a Regulations and Procedures Manual approved by the Chief Financial Officer, Superintendent and the Board.

The Board’s authority for the purchase of materials, equipment, supplies and services is extended to the District administration through the detailed listing of such items compiled as part of the budget making process and approved by the Board through its adoption of the budget. The purchase of items and services on such lists requires no further Board approval except when must be put to bid by law or Board policy.

Definitions

Commodities” are all supplies, goods, material, equipment, computers, software, machinery, facilities, personal property, and services, other than personal and professional services, purchased on behalf of the District.

micro-purchases” are purchases with a value of less than three thousand five hundred dollars ($3,500) when purchased with Federal funds.

Professional services” are legal, financial advisory, architectural, engineering, construction management, and land surveying professional consultant services.

Specifications” means a technical description or other description of the physical and/or functional characteristics of a commodity.

Commodities

The superintendent shall develop procedures for the procurement of micro-purchases that provide for the distribution of purchases between eligible vendors to the extent possible.

Purchases of commodities with a purchase price of more than $25,000 require prior Board approval; however, if an emergency exists, the Superintendent may waive this requirement.

The district shall notify in writing all actual or prospective bidders, offerors, or contractors who make a written request to the district for notification of opportunities to bid. The notification shall be made in sufficient time to allow actual or prospective bidders, offerors, or contractors to submit a bid or other appropriate response. The board shall accept bids submitted electronically by email or fax for any and all district purchases, unless specified to be submitted by other means or methods, and except those bids which have been specified to have a designated date upon which the bids shall be opened. The superintendent shall be responsible for ensuring submitted bids, whether written, faxed, or emailed, are retained in accordance with policy

The district will not solicit bids or otherwise contract for a sum greater than twenty-five thousand dollars ($25,000) with vendors that are on the “excluded parties list” if the contract is to be paid from federal grant funds.

All purchases for a Federal program with an estimated purchase price between three thousand five hundred dollars ($3,500) and twenty thousand dollars ($20,000) and all purchases of commodities with an estimated purchase price that equals or exceeds twenty thousand dollars ($20,000) shall be procured by soliciting bids. Specifications shall be devised for all commodities to be bid that are specific enough to ensure uniformity of the bid and yet not so restrictive that it would prevent competitive bidding. The bid specifications shall not include the name or identity of any specific vendor. The Board reserves the right to reject all bids and to purchase the commodity by negotiating a contract. In such an instance, each responsible bidder who submitted a bid shall be notified and given a reasonable opportunity to negotiate.

Bids shall be awarded after careful examination of the details of the bid to determine the best overall value to the District. In instances where the low bid was not accepted, a statement of the reasons the low bid was not accepted shall be attached to the bid. Bidders submitting written bids shall be notified in writing of the bid award.

The following commodities may be purchased without soliciting bids provided that the purchasing official determines in writing that it is not practicable to use other than the required or designated commodity or service, and a copy of the written determination is attached to the purchase order:

  1. Commodities in instances of an unforeseen and unavoidable emergency;
  2. Commodities available only from the federal government;
  3. Utility services;
  4. Used equipment and machinery; and
  5. Commodities available only from a single source.

The District may purchase a new motor vehicle, other than a school bus, without soliciting bids if, at the time of the purchase, the:

  1. Purchase is from a motor vehicle dealer licensed in Arkansas;
  2. Purchase price of the motor vehicle does not exceed the fleet price awarded by the Office of State Procurement; and
  3. Motor vehicle to be purchased is the same make and model motor vehicle as the make and model the fleet price was awarded for by the Office of State Procurement.

Prospective bidders, offerors, or contractors may appeal to the district’s superintendent if they believe the district failed to follow district bidding and purchasing policy or state law.

Any award of a contract shall be subject to revocation for ten (10) working days from:

  • The initial awarding of the contract; or
  • If an appeal is received, resolution of the appeal.

The intent is to provide prospective bidders, offerors, or contractors the opportunity to appeal the bid award if they believe the facts warrant an appeal. Any appeal shall be in writing by certified mail and received by the district office, “attention to the superintendent” within seven (7) calendar days following the initial and revocable award of the contract.

If the district receives an appeal of a bid award, they shall notify, in writing, those prospective bidders, offerors, or contractors who have made a written request to the district for notification of opportunities to bid that an appeal has been submitted. The notification shall state:

  • that the contract award has been halted pending resolution of the appeal and could be revoked;
  • the reasons for the appeal;
  • that the recipient of the letter may respond to the protested issues identified in the appeal;
  • the date the decision on the appeal will be made and notification sent;
  • that if the appeal is upheld, the bidding process will be re-opened;
  • that if the bidding is re-opened, changes will be made to the request for bids as necessary to satisfy the reasons for upholding the appeal.

The sole authority to resolve any appeal made relating to this policy shall rest with the superintendent. The superintendent’s decision shall be final and conclusive. In the event the district upholds an appeal, the sole responsibility of the district to the aggrieved bidder(s) shall be the re-opening of the bidding process.

The District reserves the right to extend or renew a contract that was previously awarded under the process governed by this policy and law, provided the extension or renewal meet the following criteria:

  1. The equipment and services provided under the extended or renewed contract meets or exceeds the specifications of the original bid.
  2. The extended or renewed contract agreement complies with the state of Arkansas’s documentation requirements.
  3. The cost of the extended or renewed contract is the same or less than the original contract.
  4. The extension or renewal is approved by the local school board.

Professional Services

The District does not use a bidding process when procuring professional services. Instead, when the District needs to procure professional services, the District shall:

  1. Select three (3) qualified firms;
  2. Determine the most qualified firm by considering, at a minimum, the:
    • Specialized experience and technical competence of the firm with respect to the type of professional services required;
    • Capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project;
    • Past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules and deadlines; and
    • Firm's proximity to and familiarity with the area in which the project is located;
  3. Negotiate a contract for the project with the most qualified firm.

When negotiating a contract, the District and the selected firm shall jointly prepare a detailed, written description of the scope of the proposed services. If the District is unable to negotiate a satisfactory contract with the firm selected, negotiations with that firm shall be terminated and the District shall negotiate a contract with the next most qualified firm. In the event the District is unable to negotiate a contract with any of the original selected firms, the District shall reevaluate the necessary professional services, including the scope and reasonable fee requirements, and return to step one.

The District encourages firms who provide professional services to submit annual statements of qualifications and performance data to the District. The District shall request any additional information as needed for a particular public project.

 

Legal References:    

  • A.C.A. § 6-21-301, 303, 304, 305, 306, 307
  • A.C.A. § 6-24-101 et seq.
  • A.C.A. § 19-11-801 et seq.
  • 2 C.F.R. § 200.67
  • 2 C.F.R. § 200.319
  • 2 C.F.R. § 200.320
  • 2 C.F.R. § 200.324
  • 48 C.F.R. § 2.101

Adopted: 10/10/72

Revised:

  • 09/11/84
  • 08/12/97
  • 04/15/02
  • 03/11/03
  • 07/12/05
  • 05/13/14
  • 09/09/14
  • 07/14/15
  • 09/08/15

Last Revised:  11/14/17