31.02 Feels Like 31.02
Clear
Sunrise 7:30 am Sunset 5:09

1. PURPOSE & PHILOSOPHY

This policy has been adopted to enable the District to purchase, establish contracts, and

generally carryon its procurement functions; to ensure the fair and equitable treatment

of all persons who deal with the procurement system of the District; to foster broadbased

competition within the free enterprise system; and to properly account for the

expenditures of public monies.

 

2. AUTHORITY

 

The Director of Purchasing is delegated authority by the Sevier School District Board to

carry out the procurement functions of the District and to ensure such functions are in

accordance with established policies and written procedures. The Director may

delegate, in writing, purchasing authority to other District employees as necessary to

fulfill the purpose and philosophy of this policy. The Director is also given authority to

withdraw delegated authority.

 

3. SCOPE

 

3.1 This policy applies to all purchases made by the District or any of its

subdivisions; i.e. schools, departments, programs, etc. The policy applies

regardless of the source of the money to be expended, including, but not

restricted to:

3.1.1 tax money

3.1.2 state and federal grants

3.1.3 donations

3.1.4 all types of fees

3.1.5 revenue generated by programs, schools, departments, etc.

(However, where a donor is to donate the entire cost of a supply, service

or construction item, and has conditioned the donation on award to a

specific supplier, service provider, or contractor, this policy does not

apply.)

 

3.2 This policy shall apply to all purchases made through District approved

purchase orders, school generated purchase orders, expenditure requests

and District requisitions. This policy prohibits purchases by the District, its,

subdivisions and entities through other purchasing instruments, which

include revolving credit purchase instruments unless prior approval has been

granted.

 

3.3 This policy applies to all purchases of supplies, equipment, materials,

construction, real property, and services.

 

4. REQUISITION CREATION AND PURCHASE APPROVAL

 

4.1 All transactions that result in a commitment of District/School funds shall be

approved by the applicable District/school administrator prior to making any

purchasing arrangements.

4.1.1 Purchases of goods and services shall be executed by submitting a

requisition, which (after the appropriate administrative and program

approval) results in the creation of a District or school purchase order.

4.1.2 Refunds of tuition or other reimbursements to students, parents, and

employees shall be documented by receipts, registration/withdrawal

forms, sales slips, etc., which are submitted prior to the issuance of a

check.

4.1.3 Purchases of goods and services for custodial, maintenance of

buildings and grounds, and small instructional or office supplies may

be acquired through open purchase orders established at approved

vendors. Only approved positions within the District are authorized to

purchase goods or services through the open purchase order system.

Any misuse or violation of the open purchase order system shall result

in disciplinary action.

 

4.2 Exceptions to this policy shall apply to emergency procurements as identified

by the budget manager, provided a requisition is approved subsequent to the

purchase.

 

5. COMPETITIVE SOLICITATIONS

 

5.1 District policy defines small purchases as those purchases less than $5,000

except small purchases for construction or architect-engineer services shall be

less than $50,000. The State procurement policy further subdivides small

purchases into categories dependent upon the amount of the purchase.

Competitive pricing shall be obtained for all purchases. Purchase requirements

may not be divided into smaller units to avoid using the proper purchasing

procedure based on the dollar volume, nor are purchases to be made prior to

obtaining a purchase order number except for purchases made with a District

open purchase order according to section 4.1.3.

 

5.1.1 Purchases less than $999. For purchases less than $999 entities are

encouraged to seek the best possible sources of supply based on factors

such as price, prior vendor performance, and delivery; and to utilize the

warehouse and other contracts as established by the District Purchasing

Department or the State of Utah.

 

5.1.2 Purchases between $1,000 and $4,999. No fewer than three vendors

shall be contacted by the requesting entity for verbal, e-mail, or written

price quotes. Quotations shall include a complete description of the product

or service to be purchased, the quantity, the vendor name,

address, name of the person providing the quote, quote date, unit and

extended price, shipping charges if applicable, and delivery and payment

terms. When a vendor is selected, a brief comment should accompany

the documentation explaining the rationale for that vendor selection.

Documentation shall be retained by the purchasing entity and shall be

subject to Purchasing Department review/approval prior to any

commitment to a vendor and be subject to audit by the Districtʼs auditors.

Purchasing entities are encouraged to consult with and utilize the

services available from the District Purchasing Department.

 

5.1.3 Purchases between $5,000 and $9,999. The same policy applies as in

5.1.2 except that written or e-mail quotations are required. Written quotes

and award justification must be submitted to the Purchasing Department

for final approval and shall be retained by the Purchasing Department

and be subject to audit. Purchasing entities are encouraged to consult

with and utilize the services available from the District Purchasing

Department.

 

5.1.4 Purchases over $10,000 or for construction or architect-engineer

services over $50,000. All purchases anticipated to be in excess of

$10,000 or for construction or architect-engineer services over $50,000

should be formally bid by the Purchasing Department in accordance with

adopted bidding policies and procedures. Requesting entities shall

provide the Purchasing Department with complete descriptions,

specifications, and suggested sources for the goods/services requested.

Those purchases in excess of $20,000 or for construction over $50,000

shall be formally bid with public notice given in accordance with adopted

bidding policies and procedures. All of the solicitations and

advertisements to be bid shall be issued from the Purchasing

Department after receiving approved requisitions from the Business

Administrator. The Purchasing Department further shall coordinate the

receipt, opening, review, and awarding of all bids in accordance with the

policy.

 

5.1.5 Purchases are authorized after budgetary approval using a vendor and

price established by a state awarded procurement contract without going

through the competitive solicitation process.

 

6. USE OF COMPETITIVE SEALED PROPOSALS IN LIEU OF BIDS

 

6.1 When the purchasing agent determines in writing that the use of competitive

sealed bidding is either not practicable or not advantageous to the District, a

contract may be entered into by competitive sealed proposals. Competitive

sealed proposals are most appropriately used for professional service-type

contracts, consultants, or other service providers.

 

6.2 Proposals shall be solicited through a request for proposals. Public notice of

the request for proposals shall be given at least ten (10) days prior to the

advertised date of the opening of the proposals.

 

6.3 Proposals shall be opened so as to avoid disclosure of contents to competing

offerors during the process of negotiation. A register of proposals shall be

prepared and shall be open for public inspection after the contract is awarded.

 

6.4 The request for proposals shall state the relative importance of price and other

evaluating factors.

 

6.5 As provided in the request for proposals, discussions may be conducted with

responsible offerors who submit proposals for the purpose of assuring full

understanding of, and responsiveness to, solicitation requirements, if any

questions arise. Offerors shall be accorded fair and equal treatment with

respect to any opportunity for discussion and revision of proposals, and

revisions may be permitted after submissions, but prior to any disclosure of

information submitted by competing offerors in any format, and before the

contract is awarded for the purpose of obtaining best and final offers. In

conducting discussions, there shall be no disclosure of any information derived

from proposals submitted by competing offerors. It is the responsibility of the

offeror to ensure their proposal is accurate and complete.

 

6.6 Award shall be made to the responsible offeror whose proposal is determined

in writing to be the most advantageous to the District, taking into consideration

price and the evaluation factors set forth in the request for proposals. No

other factors or criteria shall be used in the evaluation. The contract file shall

contain the basis on which the award is made.

 

7. ARCHITECT-ENGINEER SERVICES

 

7.1 It is the policy of the District to publicly announce all requirements for architectengineer

services and to negotiate contracts for architect-engineer services on

the basis of demonstrated competence and qualification for the type of services

required, and at fair and reasonable prices. Architect-engineer services shall

be procured as provided in this part except as authorized by Sections 63G-6-

409 through 63G-6-411. This part does not affect the authority of, and does not

apply to procedures undertaken by the District to obtain the services of

architects or engineers in the capacity of employees of such unit.

 

7.2 In the procurement of architect-engineer services, the District Business

Administrator shall encourage firms engaged in the lawful practice of their

profession to submit periodically a statement of qualifications and performance

data. A selection committee for architect-engineer services shall be

established in accordance with rules and regulations promulgated by the policy

board. Selection committees shall evaluate current statements of qualifications

and performance data on file with the state, together with those that may be

submitted by other firms in response to the announcement of the proposed

contract. Selection committees shall consider no less than three firms and then

shall select there from, based upon criteria established and published by the

selection committees, no less than three of the firms considered to be the most

highly qualified to provide the services required. The District, upon a

recommendation from the selection committee, may award a multi-year

contract for professional services from an architect-engineer. The contract can

be for a period of three years with an option by the District to renew for an

additional two years.

 

8. CANCELLATION AND REJECTION OF BIDS/PROPOSALS

 

An invitation for bids, a request for proposals, or other solicitation may be cancelled, or

any or all bids or proposals may be rejected, in whole or in part, as may be specified in

the solicitation, when it is in the best interests of the District in accordance with rules

and regulations. The reasons shall be made part of the contract file.

 

9. OTHER PURCHASES

 

The District Business Administrator shall authorize purchases made through any means

other than those described above. Anyone violating this policy shall be subject to

disciplinary action.

 

10. EXCEPTIONS TO SMALL PURCHASE AND BID PROCEDURES

 

Sole source procurement shall be used only if the goods or services are reasonably

available from a single supplier. Any request that the procurement be restricted to one

potential contractor or vendor shall be accompanied by an explanation as to why no

other will be suitable or acceptable to meet the need. In cases of reasonable doubt,

competition shall be solicited. The Purchasing Department shall make the determination

as to whether the procurement shall be made as a sole source.

 

11. EMERGENCY PROCUREMENTS

 

Emergency procurements using other than normal bid or price quotation procedures

may be made only by the Purchasing Department. Procurement shall be made

according to policy as near as possible and still assure that the required supplies,

services, or construction items are procured in time to meet the emergency. Given this

constraint, such competition as is practicable shall be obtained.

 

12. SPECIFICATION DEVELOPMENT

 

Specifications shall be drafted by the school, department, etc. or the appropriate

supervisor and submitted with the requisition. All specifications shall seek to promote

overall economy and best use for the purposes intended and to encourage competition.

Specifications should be drafted with the objective of clearly describing the requirements

for which the goods or services will be used by the District. Procedures for specification

are determined specifically by Title 63G Chapter 56 Part 3 of the State Procurement

Code.

 

13. PURCHASING FILES

 

13.1 Prospective Bidder File. The Purchasing Department shall maintain a list of

prospective vendors for the various categories of products and services

procured by the District. This list shall incorporate those who request to

receive bids as well as those added through the Purchasing Departmentʼs

effort to solicit all available sources. All schools or departments should refer

prospective vendors to the Purchasing Department for inclusion in the bidder

file.

 

13.2 Solicitation File. A file shall be maintained in the Purchasing Department of

all solicitations currently pending.

 

13.3 Completed Solicitation File. After the opening of bids, they become public

information except that the winning proposal(s) is/are public information for a

period of ninety (90) days following notice of intent to award. A file shall be

maintained retaining the solicitations, solicitation comparison sheets, other

submittals, and rationale in awarding.

 

14. CREDIT CARDS

 

14.1 Definition

As used herein, “credit cards” mean purchasing instruments provided by a

financial institution designated by the Superintendentʼs Office for the purpose

of making purchases of predetermined amounts and to secure travel

reservations, so that personnel efficiency and financial resources are

maximized. Credit card use is limited to the type of credit instrument, which is

fully due and payable each thirty (30) days. This policy prohibits use of

revolving credit instruments, which allow unpaid balances to be carried

forward as revolving credit balances upon which interest is calculated and

becomes due and payable in addition to the original purchase amount. Credit

cards shall be used for pre-approved travel expenses limited to airfare, hotel,

car rental, gas stations, eating establishments and other approved travel

expenses. They may also be used in a limited fashion with the cardholdersʼ

approval for approved online or phone orders of goods or services.

 

14.2 Purposes

 To maximize the use of educational funding while providing

necessary controls.

 To designate the District Business Administrator as the person,

responsible to oversee the establishment and operation of the

credit card programs within the District and schools.

 To designate the Principal in each school as the Credit Card

Administrator, who is responsible to oversee the establishment and

operation of the credit card programs within his or her school.

 To ensure federal, state, and District financial policies are observed

in relation to use of credit cards and credit instruments.

 To establish reasonable controls, limits, and procedures in regard

to credit card usage.

 To establish disciplinary measures relative to the credit card

programs.

 

14.3 District Credit Card Administration

The credit card programs shall be administered under the direction of the

District Business Administrator, who is responsible for the following:

• To oversee the issuance, maintenance, and cancellation of credit

cards.

• To establish card spending and product limits based upon purchasing

requirements associated with the cardholderʼs employment

responsibilities.

• To create an agreement, which shall be signed by each cardholder.

The agreement shall set forth the terms and conditions under which

the cardholder will receive and maintain use of the credit card(s).

• To receive monthly reports from the card provider, which enumerate

the purchasing activity of each cardholder and to ensure each

cardholder reconciles all charges with receipts and documentation.

• To detect unauthorized card use and take appropriate corrective

action. When warranted, the Business Administrator is authorized to

seek reimbursement for unauthorized card use by wage withholding,

wage garnishment, or civil litigation.

 

14.4 School Credit Card Administration

The School Credit Card Administrator is responsible for the following:

• To oversee the implementation and operation of the credit card(s)

within their school, to include budget allocation and approval of

purchasing requests.

• To oversee the issuance, maintenance, and cancellation of credit

cards issued to employees within their school.

• To recommend cancelation of any travel cards of persons making

unauthorized purchases.

• To review the purchasing activity each month of all cardholder(s) at

their location.

• To allocate all purchases at their location to the appropriate financial

accounts.

 

14.5 Cardholders are responsible for the following:

• To submit an application to the School Credit Card Administrator and

receive notification of approval by the District Business Administrator

before cards will be requested from the card provider.

• To sign purchasing and travel cardholder agreements between

themselves and the District prior to having a card(s) issued to them.

These agreements shall set forth the terms and conditions under which

the cardholder will be issued and maintain use of their card(s).

• To be confined to the product and expenditure limits associated with

the individual credit card provided to the cardholder and the terms of

the cardholder agreement.

• To receive approval for all purchases from their School/Department

Purchasing Card Administrator or designee before executing credit

card transactions.

• To provide to their School/Department Purchasing/Credit Card

Administrator, copies of all purchase documents within five (5) working

days following the purchase. Failure to do this shall constitute

unauthorized use.

• To be personally responsible for unauthorized charges made with the

credit card. If unauthorized expenditures are excessive, flagrant or

unresolved, the District shall cancel the employeeʼs credit card(s),

withhold wages for full reimbursement of unauthorized charges and

associated costs, and administer disciplinary action up to and including

termination for cause.

• To acknowledge that using the credit cards for personal items or cash

advances is strictly prohibited.

 

15. OPEN PURCHASE ORDERS/CHARGE ACCOUNTS

 

15.1 Definition

As used herein, “open purchase orders” means blank purchase orders

delivered to approved vendors monthly for the purpose of purchasing

maintenance supplies, custodial repair supplies, and minor educational

supplies. These open purchase orders constitute a charge account with

each specific vendor where the District has an approved revolving credit

account, which must be paid monthly. Only approved employees are

allowed to procure products, goods, or services using this purchasing

instrument of the District.

 

15.2 Purpose

 To maximize the use of educational funding while providing

necessary controls.

 To designate the District Business Administrator as, responsible to

oversee the establishment and operation of the open purchase order

program within the District.

 To ensure federal, state and District financial policies are observed in

relation to use of open purchase order and credit instruments.

 To establish reasonable controls, limits and procedures in regard to

open purchase order usage.

 To establish disciplinary measures relative to the open purchase

order program.

 

15.3 District Open Purchase Order Administration

The open purchase order program shall be administered under the direction

of the District Business Administrator, who is responsible for the following:

• To oversee the issuance, maintenance, and cancellation of open

purchase orders to approved vendors.

• To establish open purchase order spending and product limits for

employees based upon purchasing requirements associated with the

employeeʼs employment responsibilities.

• To receive and review monthly reports from the open purchase order

vendors, which enumerate the purchasing activity of each open

purchase order and to ensure that the accounts payable clerk

reconciles all charges validating signatures and appropriate

documentation supporting the purchases.

• To detect unauthorized open purchase order use and take appropriate

corrective action. When warranted, the Business Administrator is

authorized to seek reimbursement for unauthorized open purchase

order us by wage withholding, wage garnishment, or civil litigation.

 

15.4 Approved employees are responsible for the following:

• To be confined to the products and expenditure limits associated with

the individual and their employment responsibilities. No purchase of

equipment is authorized at any time, except in the case of an

emergency.

• To provide to the accounts payable clerk or designee, copies of all

purchase documents within five (5) working days following the

purchase. Failure to do this shall constitute unauthorized use.

• To be personally responsible for unauthorized charges made with the

open purchase order system. If unauthorized expenditures are

excessive, flagrant, or unresolved, the District shall cancel the

employeeʼs access to usage of open purchase orders, withhold wages

for full reimbursement of unauthorized charges and associated costs,

and administer disciplinary action up to and including termination for

cause.

• To acknowledge that using the open purchase order for personal items

is strictly prohibited.

 

16. DISPOSITION OF SURPLUS PROPERTY

 

Refer all questions regarding surplus property to the Maintenance Department. District

property will not be sold to employees except through an auction or other public sale.

 

17. ILLEGAL ACTIVITIES

 

17.1 Employees

17.1.1 Any person acting as a procurement officer for the Sevier School

District, or who in any official capacity participates in the procurement of

supplies, services, construction, real property, or insurance for any such

political unit is guilty of a felony if the person asks, receives, or offers to

receive any emolument, gratuity, contribution, loan, or reward, or any

promise thereof, either for the person's own use or the use or benefit of

any other person or organization from any person interested in the sale

of such supplies, construction, real property, or insurance.

17.1.2 Any person using their employment position or influence at the Sevier

School District for the purpose of obtaining goods or services for

personal benefit or the personal benefit of others shall be subject to

disciplinary action up to and including dismissal and possible criminal

charges. Such activities shall include, but are not limited to:

[a] Purchases at discounted rates not available to the general public; or

[b] Acceptance of goods and services at no or reduced cost; or

[c] Purchases with the intent of avoiding sales taxes.

17.1.3 It is permissible to obtain goods and services for personal use at

discounted rates where suppliers typically offer educational discounts to

all employees of the District. Such discounts are characterized by being

made available to all employees regardless of position or influence.

Employees are responsible for the payment of sales tax and purchase

arrangements and shall not be made through the use of District or

School purchase orders or purchasing/travel cards.

 

17.2 Vendors

A person who is interested in any way in the sale of any supplies, services,

construction, real property, or insurance to the Sevier School District is

guilty of a felony if the person gives or offers to give any emolument,

gratuity, contribution, loan, or reward, or any promise thereof to any person

acting as a procurement officer, or who in any official capacity participates

in the procurement of such supplies, services, construction, real property, or

insurance, whether it is given for his own use or for the use or benefit of any

person or organization.

 

REFERENCES

Utah Code Annotated Title 63G, Chapter 6 Utah Procurement Code - State law

establishes procurement policy for all agencies of Utah State government and the

Rules, Regulations promulgated by the Sevier School District Board of Education are as

directed by the statute and are complementary to the provisions therein. The complete

text of the Utah Code, Title 63, Chapter 56 is incorporated by reference into this policy.

These documents are available at the Purchasing Department.

 

Utah Code Ann §§53A-20-101 (1)(7), 103 and 105 -

Except as set forth in this policy, an officer or employee of a school District may not

make a purchase or incur indebtedness on behalf of the District without the approval of

the Board. A licensed architect must prepare plans for construction or alteration of any

school if the total estimated accumulated costs exceed $80,000. It shall be the policy to

publicly announce all requirements for architect/engineering services and to negotiate

contracts on the basis of demonstrated competence, qualification, and reasonable price.

 

Utah Administrative Code R23-1-20 - Procurement for Construction - Small purchases

$100,000.00 or less.

 

Utah Administrative Code R33-5-530 - Construction & Architect-Engineer Selection –

Small purchases $50,000.00 or less.

 

Sevier School District complies with the principle that minority and women business

enterprises must be given a fair opportunity to compete for all procurement administered

by the Sevier School District.

 

Approved: 08/08/12

Revised: 09/11/13