The Board recognizes the importance of a sound fiscal management program and expects district
staff to maximize the resources available for the district's educational program and to be good
stewards of public funds by exercising fair, competitive purchasing practices. The district will
respect its financial obligations and will also require that providers meet their obligations to provide
quality products and services in a timely manner to the district.
All funds deposited with the district, regardless of source, are considered district funds and are
subject to this policy. No contract will be entered into or bill paid without the proper documentation
and without an affirmative vote from a majority of the whole Board. Purchases that may exceed
$25,000 must have prior Board approval unless this policy's emergency provisions are applicable.
The Board encourages district staff to purchase products manufactured, assembled or produced in
the United States.
If "time is of the essence" in saving the district money on merchandise that is specially priced for a
limited time or is limited in quantity (other than those items required by statute), the requirement to
take bids or quotes may be waived if requested by the superintendent, or any assistant superintendent
in his/her absence, and approved by the highest ranking Board officer available at the time of the
request. Any approved waiver shall be communicated to the remaining Board members as soon as
reasonably possible. The communication shall be in writing and contain the product purchased,
price, the reason for waiver of the bid or quote requirement, which administrator made the request
for waiver and which Board officer approved the request for waiver.
Purchasing Supervision
The chief financial officer will serve as the district's purchasing officer or will designate a purchasing
officer. The purchasing officer will supervise district purchases of products and services and may
authorize purchases on behalf of the district that comply with the Board-adopted budget and this
policy. The superintendent, in consultation with the purchasing officer, shall develop procedures
to implement this policy in a manner that will meet the district's needs while protecting the district's
resources. These procedures will comply with all applicable laws and will centralize and provide
oversight of all purchasing decisions.
Competitive Purchasing
District staff will research all purchases and compare prices prior to making decisions regarding the
expenditure of district funds, unless a purchase is covered by an exception pursuant to this policy.
Employees are expected to contact multiple providers before making a decision regarding purchases
under $15,000. Purchases of $15,000 or more will be based on competitive quotations or prices, and
sealed bids will be required for construction or major repairs that may exceed $15,000. A
competitive bidding procedure will also be used for contracts of insurance in accordance with state
law.
The district will select the lowest or best bid. The district reserves the right to waive minor technical
defects in a bid, reject any and all bids, reject any part of a bid, advertise for new bids, or make the
purchase on the open market if the product or service can be obtained at a better price.
Bids, unless otherwise specified, shall be submitted in sealed envelopes addressed to the Office of
the Board of Education and clearly designated as "sealed bid" on the outside of the envelope. Bids
shall be opened publicly at the time specified. The district will not accept bids submitted by
employees, Board members, officers or their agents.
When the purchasing officer determines that the purchase requires competitive negotiations, products
or services may be purchased by competitive proposals. Likewise, the superintendent, in
consultation with the purchasing officer, is directed to create procedures that allow the district to
benefit from cooperative purchasing and address unusual situations such as purchasing when there
is a single feasible source for the purchase. The superintendent is also directed to create a process
whereby authorized providers are selected for frequent purchases, while still monitoring the
competitiveness of these providers.
Emergency Situations
Unless otherwise required by law, the superintendent may waive the requirement for competitive
bids or proposals when he or she has determined that there exists a threat to life, property, public
health or public safety or when immediate expenditure is necessary in order to protect against further
loss of or damage to property, or to prevent or minimize a serious disruption in services. Emergency
purchases shall be made with as much competition as is practical under the circumstances and will
only be utilized for purchases that are necessary to alleviate the emergency.
Debarred or Suspended Providers
The district will not do business with providers who have been suspended or debarred on a state or
federal level unless the superintendent authorizes the transaction and provides the Board with written
justification. District employees are directed to verify that selected providers are in good standing
before making a purchasing decision.
Confidentiality
Sealed bids and related documents will be kept confidential until bids are opened. District staff will
not disclose offers, bids or price quotations to competitors except as necessary to conduct
negotiations beneficial to the district or as required by law. All contract negotiations and related
documents are considered closed until a contract is executed or all proposals are rejected.
Credit and Purchasing Cards
Authorized district employees and Board members may use credit cards or purchasing cards issued
to the district to make purchases for the district or to pay for reasonable travel expenses incurred
when performing job duties. Employees and Board members will not use these cards to circumvent
the bidding and purchasing requirements established by law and Board policy. All purchases made
using district cards must be attributed to the appropriate budget code and must conform to the Board-adopted budget.
The district will use purchasing cards instead of credit cards to the extent feasible. Unless otherwise
authorized by the Board, only the superintendent and the purchasing officer will have access to a
district credit card, and the Board will set the amounts that may be charged to those cards.
The superintendent, in consultation with the purchasing officer, will annually review and revise the
list of persons receiving district cards and the limitations on those cards. The annual review will
ensure that only the employees who appropriately utilize the cards have access to them, and that the
limitations on the cards do not exceed the amounts of the projected expenditures to be made with
the cards.
The Board may authorize the issuance of purchasing cards to Board members in the same manner
that they are issued to employees. Board members who choose to use a district purchasing card are
subject to the same policies and procedures as district employees. The superintendent is directed to
notify the Board president if any Board member fails to follow district policies and procedures
regarding purchasing card usage, and the Board member's usage may be temporarily suspended by
the Board president until the issue is presented to the full Board. If the Board member in question
is the president, or if the president is not available, the vice president will act as president in the
matter.
Any employee or Board member using a district card shall sign a card usage agreement and will
receive training on applicable procedures for card use. District employees and Board members
issued a card must provide documentation, such as receipts and applicable budget codes, justifying
expenditures. The purchasing officer will examine all documentation prior to payment and will
notify the superintendent or designee immediately if any purchase was made in violation of law or
district policies or procedures.
All employees and Board members issued a district card must take all reasonable measures to protect
the cards against damage, loss, theft or misuse. Any damage, loss, theft or misuse of the card must
be reported to the superintendent immediately. No person may use the card other than the authorized
employee or Board member to whom the card was issued. District employees and Board members
will surrender all cards upon completion of their employment or term with the district or upon
demand by the district.
Prohibited Activity and Reporting Requirements
The district expects all staff members to comply with the letter and intent of all district policies and
procedures regarding purchasing. Under no circumstances may employees use district funds to make
unauthorized or personal purchases. Staff members may not artificially divide purchases to avoid
bidding requirements or design bid specifications to favor a particular provider.
All district employees must report suspected fraud, theft or misuse of district funds to the
superintendent or purchasing officer immediately. District employees may be disciplined or
terminated from employment for failing to follow Board policy or district procedures and for any
misuse of district resources, including district cards.
The superintendent or purchasing officer will contact law enforcement and file a report or sign a
complaint on behalf of the district in situations where a crime may have occurred.
* * * * * * *
Note: The reader is encouraged to check the index located at the beginning of this section
for other pertinent policies and to review administrative procedures and/or forms for
related information.
|
Adopted: 10/14/1993
Revised: 0/09/1997; 10/14/2004; 09/14/2006; 03/08/2007; 08/12/2010
Cross Refs: ADF, District Wellness Program
BBFA, Board Member Conflict of Interest and Financial Disclosure
FEB, Selection of Architectural/Engineering and/or Land Surveying Services
FEC, Selection of Construction Management Services
FEF, Construction Contracts Bidding and Awards
GBCA, Staff Conflict of Interest
Legal Refs: §§ 8.285 - .291, .675 - .687, 34.073 - .080, .350 - .359, .375, 162.301, 170.041,
171.181, 177.082 - .086, 285.530, 292.675, 393.310, 432.070 - .080, RSMo.
5 C.S.R. 30-4.030, 680.010
7 C.F.R. §§ 210.16, .21, 220.16
47 C.F.R. § 54.503
Mercantile Bank of Illinois v. School Dist. of Osceola, 834 S.W.2d 737 (1992)
St. Charles School District, St. Charles, Missouri
Top of Page
|
