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Article 55 - Purchasing
| Section 55.1 | Purpose |
| Section 55.2 | Definitions |
| Section 55.3 | Purchasing Agent; Duties |
| Section 55.4 | Procurement Guidelines |
| Section 55.5 | Exceptions |
Article 55
PURCHASING
Adopted 7/02/02
It is incumbent upon government to procure materials, goods and services in a manner which will result in the most prudent and economical use of public monies in the best interests of the taxpayers. To accomplish that goal, goods and services of the maximum quality must be acquired at the lowest possible cost under the circumstances, and measures must be in place to prevent favoritism, improvidence, extravagance, fraud and corruption.
The following terms shall apply to all purchases governed by this policy:
(A) "Competitive Bid" shall mean a formal written statement by a potential vendor, submitted in response to a solicitation for such bids, setting forth the vendor's terms under which it will furnish materials, goods and/or services.
(B) "Purchase Order" shall mean a written form to be used by the District Purchasing Agent for placing orders with vendors approved by the Purchasing Agent for materials, goods and/or services requisitioned by District personnel.
(C) "Proposal" shall mean a written statement by a potential provider of goods and/or services, submitted in response to a request for proposals, setting forth the terms under which such provider will furnish materials, goods and/or services.
(D) "Quotation" shall mean an informal offer (usually written) by a potential vendor setting forth the terms under which the vendor shall furnish materials, goods and/or services, and setting forth the following minimum information.
(1) complete description of the item or services to be furnished,
(2) a complete description of the cost, including but not limited to unit price, hourly rate and other similar information, as applicable,
(3) special conditions or charges/credits (i.e., delivery, installation, trade-ins, discounts, shipping fees, etc.), and
(4) total cost.
(E) "Request for Proposals" shall mean a formal written invitation to potential providers of materials, goods and/or services, the procurement of which is/are not subject to competitive bidding requirements.
(F) “Requisition” shall mean a request by a District employee to the Purchasing Agent for the procurement of materials, goods and/or services.
(G) "Solicit Bids" shall mean a formal written invitation together with specifications issued to potential vendors of materials, goods and/or services, the procurement of which is/are subject to competitive bidding requirements.
(H) "Specifications" shall mean written provisions stating the terms and conditions under which materials, goods and/or services shall be purchased, furnished or provided, and under which contracts shall be awarded, and which will form an integral part of each contract awarded.
(I) "Vendor" shall mean a supplier of materials, goods or services.
Section 55.3 Purchasing Agent; Duties
The District Purchasing Agent shall be responsible for the administration of this policy, and in so doing shall:
(A) Develop and administer a centralized and standardized purchasing system;
(B) Procure materials, equipment, supplies, goods and services, as required, at the best possible prices from responsible vendors and suppliers-,
(C) Maintain appropriate supporting documentation and records;
(D) Place all required public advertising;
(E) Prepare and issue all competitive bidding documents, including specifications, and requests for proposals:
(F) Conduct all bid and proposal openings;
(G) Secure and document the recommendations from the appropriate official for awarding contracts;
(H) Award contracts within the annual appropriations authorized by the Board of Education;
(I) Develop and maintain lists of potential vendors, with such lists to be used in the development of a mailing list for distribution of bid solicitations, requests for proposals and solicitation of quotations;
(J) Approve all purchase orders after first determining that unencumbered balances of budgetary appropriations are adequate to cover such obligations;
(K) Determine the costs to procure materials and/or goods through available contracts of the New York State Office of General Services, Division of Purchasing (state contracts), of available cooperative BOCES contracts, and/or under a contract procured by either Essex or Franklin County, and make purchases through such state, BOCES or county contract whenever such purchases are in the best interests of the District;
(L) lnsure that all purchases and procurements of materials, goods and/or services are accomplished in accordance with this policy and with all applicable state and local laws and regulations.
Section 55.4 Procurement Guidelines
The procurement, acquisition and purchase of all materials, goods and services shall be in conformance with the following guidelines:
(A) Competitive bidding shall be utilized whenever required by law, or (notwithstanding any other provision of this policy) whenever it is determined by the Purchasing Agent to be in the best interests of the District that competitive bidding be utilized even when such bidding is not legally required.
(B) A request for proposals will be utilized whenever the District seeks to obtain professional services, when competitive bidding is not required, or (notwithstanding any other provision of this policy) whenever the Purchasing Agent determines it to be in the best interests of the District that a request for proposal be issued.
(C) Whenever the estimated annual purchase/acquisition cost of a particular class of materials, goods and/or services is $1,000 or less, the purchase/acquisition shall be accomplished based upon reliable market information such as catalogs, vendor price listings or quotations, but the Purchasing Agent shall not be required to obtain quotations.
(D) Whenever the estimated annual purchase/acquisition cost of a particular class of materials and/or goods (including but not limited to equipment rental) exceeds $1,000 but does not exceed $10,000, the Purchasing Agent shall obtain a quotation from at least 3 separate vendors, and shall award the contracts to the vendor whose quotation contains the lowest possible cost.
(E) Whenever the estimated annual purchase/acquisition cost of a particular class of services and/or public work exceeds $1,000 but does not exceed $20,000, the Purchasing Agent shall obtain a quotation from at least 3 separate vendors, and shall award the contracts to the vendor whose quotation contains the lowest possible cost.
(F) If the lowest quotation, bid or proposal is rejected, the Purchasing Agent and/or other official involved in the contract award, shall prepare a memorandum stating in detail the reasons for rejection, and such memorandum shall be filed with any contracts or purchase orders issued in connection with the procurement and a copy shall be furnished to the Board of Education.
(G) Instances of non-compliance with this policy, as identified by the Purchasing Agent, Business Manager, Treasurer or Superintendent, shall be reported to the District Board of Education.
(H) Supplies used within the District shall be uniform whenever consistent with operational needs and in the interests of efficiency and economy.
(I) No official or employee shall be interested financially in any contract entered into by the District.
(J) All purchase orders shall be signed by the Purchasing Agent, and shall contain the budget account number and current unencumbered account balance from which payment shall be made.
This policy, and the guidelines set forth in Section 4 hereof, shall not apply in the
following situations:
(A) In the case of a public emergency arising out of an accident or other unforeseen occurrence or condition, whereby circumstances affecting public buildings, public property, or the life, health or safety or property of the inhabitants of the District, or in the case where other circumstances exist which require immediate action and which cannot await solicitation of bids, requests for proposals, or solicitation of quotations, the purchase/ procurement of materials, goods and/or services may be authorized by the Board of Education.
(B) In cases where a reasonably exhaustive and documented search discloses that a particular class of materials, goods or services is available only from a single vendor, or in cases where there is common knowledge of the existence of a monopolistic situation for a particular class of materials, goods or services being sought by the District, the purchase/procurement from a single identified vendor shall be allowed upon approval by the Board of Education.
(C) In order to reduce unnecessary paperwork, expenditures for the purchase/ acquisition of the following items shall be allowed without purchase orders or other compliance with this policy, except to the extent otherwise required by law:
(1) reimbursable employee expenses, including but not limited to travel and meal allowances;
(2) reimbursement of petty cash funds,
(3) utility bills;
(4) book, periodical and other subscription renewals, provided that the subscriptions are approved in the budget and a copy of the subscription or its renewal are attached to the voucher;
(5) publication and printing of legal notices;
(6) service contracts for equipment, cleaning or for fire alarm systems;
(7) postage;
(8) medical examinations and student/employee medical expenses/fees;
(9) interdepartmental charges; and
(10) intergovernmental charges, including but not limited to permit fees;
(11) membership dues
(12) notary public licenses and renewals thereof when such license is either required for performance of District duties or determined to be necessary by the Superintendent
(13) training expenses and speaker fees/expenses.