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. The General Municipal Law requires that purchase contracts for materials, equipment and supplies involving an estimated annual expenditure exceeding $10,000 and public work contracts involving an expenditure of more than $35,000 will be awarded only after responsible bids have been received in response to a public advertisement soliciting formal bids.
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 School District.
Request for Proposal Process for the Independent Auditor
In accordance with law, no audit engagement shall be for a term longer than five (5) consecutive years. The District may, however, permit an independent auditor engaged under an existing contract for such services to submit a proposal for such services in response to a request for competitive proposals or be awarded a contract to provide such services under a request for proposal process.
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.
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, Article 5-A; State Finance Law, Section 162; 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 General Municipal Law Section 104-b;
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;
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; and
g) Identify the individual or individuals responsible for purchasing and their respective titles. Such information shall be updated biennially.
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.
As required by federal law and New York State Regulations, the District has adopted the National Instructional Materials Accessibility Standard (NIMAS) to ensure that curriculum materials are available in a usable alternative format for students with disabilities. Each school district has the option of participating in the National Instructional Materials Access Center (NIMAC). Whether a district does or does not participate in NIMAC, the district will be responsible to ensure that each student who requires instructional materials in an alternate format will receive it in a timely manner and in a format that meets NIMAS standards. The New York State Education Department (NYSED) recommends that school districts choose to participate in NIMAC, because this national effort to centralize the distribution of instructional materials in alternate formats will help guarantee timely provision of such materials to students.
For school districts, Boards of Cooperative Educational Services (BOCES), State-operated schools, State-supported schools and approved private schools that choose to participate in NIMAC, contracts with publishers executed on and after December 3, 2006 for textbooks and other printed core materials must include a provision that requires the publisher to produce NIMAS files and send them to the NIMAC (this will not add any cost to the contract).
For more information regarding NIMAC including model contract language, Steps for Coordinating with NIMAC and an IDEA Part B Assurances Application, see website: http://www.vesid.nysed.gov/specialed/publications/persprep/NIMAS.pdf
Environmentally Sensitive Cleaning and Maintenance Products
In accordance with Commissioner's Regulations, State Finance Law and Education Law, effective with the 2006-2007 school year, the District shall follow guidelines, specifications and sample lists when purchasing cleaning and maintenance products for use in its facilities. Such facilities include any building or facility used for instructional purposes and the surrounding grounds or other sites used for playgrounds, athletics or other instruction.
Environmentally sensitive cleaning and maintenance products are those which minimize adverse impacts on health and the environment. Such products reduce as much as possible exposures of children and school staff to potentially harmful chemicals and substances used in the cleaning and maintenance of school facilities. The District shall identify and procure environmentally sensitive cleaning and maintenance products which are available in the form, function and utility generally used. Coordinated procurement of such products as specified by the Office of General Services (OGS) may be done through central state purchasing contracts to ensure that the District can procure these products on a competitive basis.
The District shall notify their personnel of the availability of such guidelines, specifications and sample product lists.
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 School District.
Upon the adoption of a resolution by a vote of at least three-fifths (3/5) 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.
The Board of Education endorses the concept of cooperative purchasing when such method is in the best interest of the School District. The Purchasing Agent designated by the Board of Education is authorized to explore the possible participation by the School District in cooperative purchasing ventures with other school districts and municipalities. All proposals and contracts for cooperative purchasing ventures shall be submitted to the Board for consideration and approval.
Whenever it is feasible and in the best interests of the District, purchases of materials, supplies or equipment (except printed material), in excess of five hundred dollars ($500), shall be made through New York State and County Government contracts. The District will adhere to the requirements of the State Finance Law in the purchase of any suitable products or services as determined by the Commissioner of General Services which are manufactured, assembled, produced or provided by the blind or other severely handicapped persons from approved, qualified charitable or nonprofit-making agencies. The District must purchase any suitable products which are manufactured or prepared by prisoners in the state correctional institutions and penitentiaries, pursuant to Correction Law Section 184. The Purchasing Agent will keep a file on all current state contracts.
In all procurement activities, agents of the Board shall:
a) Consider first the interests of the School District and the betterment of its educational program.
b) Endeavor to obtain the greatest value for every tax dollar expended.
c) Give all responsible bidders equal consideration and assurance of unbiased judgment in determining whether their product meets specifications and the educational needs of the School District.
d) Discourage the offer and decline of gifts which in any way may influence the purchase of school supplies and equipment.
e) Refrain from soliciting funds or materials from vendors, however worthy the purpose.
f) Accord a prompt and courteous reception, insofar as conditions permit, to all vendors who call on legitimate business purposes.
g) In the case of school business, vendors shall receive permission from the Superintendent before soliciting any school employee in any building.
20 United States Code (USC) Section 1474(e)(3)(B)
Education Law Sections 305(14), 409-i, 701, 1604, 1709, 1950, 2503, 2554 and 3602
Correction Law Sections 184 and 186
General Municipal Law Articles 5-A and 18 and Section 119-0
State Finance Law Sections 162 and 163-b
8 New York Code of Rules and Regulations (NYCRR) Sections 155, 170.2, 200.2(b)(10), 200.2(c)(2) and
Adoption Date April 12, 2010