Purchasing
The District's purchasing activities are the responsibility 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. The District will purchase recycled products when appropriate.
Competitive Bids and Quotations
As required by law, the Superintendent or designee 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.
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 or designee may authorize purchases within the approved budget without bidding if required by emergencies and are legally permitted.
The Superintendent or designee is authorized to enter into cooperative bidding for various needs of the School District.
The Board shall annually review purchasing policies and procedures. The school business official shall be responsible for conducting an annual review of the purchasing policy and for an evaluation of the internal control structure established to ensure compliance with the purchasing policy.
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:
- Assure the prudent and economical use of public moneys in the best interest of the taxpayer;
- Facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances; and
- Guard against favoritism, improvidence, extravagance, fraud and corruption.
These procedures shall contain, at a minimum, provisions which:
- 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;
- With certain exceptions, 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 Section 104-b of General Municipal Law;
- Set forth when each method of procurement will be utilized;
- Require adequate documentation of actions taken with each method of procurement;
- Require justification and documentation of any contract awarded to other than the lowest responsible dollar offer, stating the reasons; and
- 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.
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.
District Plan
The District will ensure that all instructional materials used in the schools of the District are available in a usable alternative format for each student with a disability, including students requiring Section 504 Accommodation Plans, in accordance with his or her educational needs and course selection, at the same time as such instructional materials are available to non-disabled students.
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.
Apparel and Sports Equipment Purchases
Competitive Bidding Purchases
The Board of Education will only accept bids from "responsible bidders." A determination that a bidder on a contract for the purchase of apparel or sports equipment, is not a "responsible bidder" shall be based upon either or both of the following considerations:
a) The labor standards applicable to the manufacture of the apparel, or sports equipment, including but not limited to employee compensation, working conditions, employee rights to form unions, and the use of child labor;
-or-
b) The bidder's failure to provide information sufficient for the Board of Education to determine the labor standards applicable to the manufacture of the apparel or sports equipment.
Non-Competitive Bidding Purchases
The Board's internal policies and procedures governing procurement of apparel and sports equipment, where such procurement is not required to be made pursuant to competitive bidding requirements, shall prohibit the purchase of apparel or sports equipment, from any vendor based upon either or both of the following considerations:
- The labor standards applicable to the manufacture of the apparel and sports equipment, including but not limited to employee compensation, working conditions, employee rights to form unions, and the use of child labor; or
- The bidder's failure to provide information sufficient for the Board of Education to determine the labor standards applicable to the manufacture of the apparel or sports equipment.
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.
Construction Contracts
The bidding of all construction contracts, except in an emergency, will be in accordance with the provision of General Municipal Law Sections 103 and 105 and shall be awarded by public vote of the Board of Education. In the case of emergency performance contracts, New York State Energy Law Article 9 will apply. School District administration is authorized to take appropriate steps during emergency conditions to assure the health and safety of building users and the protection of District assets to the extent necessary including the awarding of contracts, provided the Board of Education is advised in a timely manner during and after such emergency.
The Board of Education shall approve all change orders exceeding $50,000 on all construction contracts resulting from the bidding process. Whenever possible, these change orders shall be approved in advance of actual work. Where the interests of the School District so dictate, the administration is authorized to proceed with the change order work pending approval by the Board of Education after the fact.