DJ - District Purchasing
Policy DJ
The function of district purchasing is to serve the educational program by providing the necessary goods, services and public improvements. The Board declares its intention to purchase competitively without prejudice and to seek maximum educational value for every dollar expended. Items commonly used by cost centers will be standardized whenever consistent with the educational goals and in the interest of efficiency or economy.
The Chief Financial Officer is appointed by the superintendent to serve as purchasing agent. He/she will be responsible for developing and administering the district’s purchasing program.
No obligation may be incurred by any officer or employee of the district unless that expenditure has been authorized in the budget or by Board action and/or Board policy. In all cases calling for the expenditure of district money, except payroll, a requisition and purchase order system must be used.
No purchase, with the exception of a petty cash or credit card purchases, will be authorized unless covered by an approved purchase order. No bills will be approved for payment unless purchases were made on approved orders.
The superintendent or designee is authorized to enter into and approve payment on contracts obligating district funds not to exceed $150,000 for products, materials, supplies, capital outlay and services that are within current budget appropriations. The superintendent or designee is authorized to obligate district funds without specific Board approval when the expenditures are routine and customary, including, but not limited to, payroll and utilities. The Board shall approve all contracts that are collective bargaining agreements or service contracts that include the provision of labor performed by district employees, such as custodial, food service and transportation services.
The Chief Financial Officer or designee will review bills due and payable for the purchase of supplies and services to determine if they are within budget amounts. After appropriate administrative review, the chief financial officer will direct payment of the just claims against the district. The Chief Financial Officer is responsible for the accuracy of all bills and vouchers.
No Board member, officer, employee or agent of this district shall use or attempt to use their official position to obtain financial gain or for avoidance of financial detriment for himself/herself, a relative or member of household or for any business with which the Board member, officer, employee, agent or a relative is associated.
Acceptance of any gratuities, financial or otherwise, from any supplier of materials or services to the district by any Board member, officer or employee of the district is prohibited.
The superintendent shall develop administrative regulations necessary to implement this policy. Additional specific purchasing procedures are delineated in the district’s Purchasing Manual which is updated periodically.
END OF POLICY
ORS 244.040
ORS Chapters 279, 279A, 279B, 279C
ORS 294.311
ORS 328.441 to -328.470
ORS 332.075
OAR 125-055-0040
BBA - Board Powers and Duties
BBFA - Board Member Ethics and Conflicts of Interest
DJC - Bidding Requirements
DJFA - Procurement Cards
EH - Electronic Data Management
DJ-AR
- Business Services will provide regulations and instructions to cost centers that will highlight the procedures for procurements, budget transfers, financial activity reports, staff reimbursements, payroll, business forms, accounts receivable and chart of accounts. Updates will be provided as required to meet the ever-changing school business environment.
- Business processes are designed to aid cost centers to operate in an efficient and effective manner. Consideration is given to both fiscal responsibility and staff resource needs.
- Procurements will generally consist of goods and services necessary for district operations and programs.
- Procurements are authorized only when the following conditions are met:
a. Obtain pre-approval by the appropriate person with cost center budget
authority;
b. Confirm adequate budget is available;
c. Comply with all District purchasing policies and regulations;
d. Create an encumbrance; and
e. Procurement work/delivery does not commence until a public contract is
fully executed.
5. A check request can be used for payment of: membership dues, subscriptions,
registrations, municipal/legal fees and District charge accounts. A check request may
also be appropriate for some emergency situations or when a vendor does not accept
purchase orders.
a. All procurement contracts that are reasonably estimated to exceed $150,000
(including any with the potential for amendments or change orders that may
cause the total amount to exceed this amount) shall be presented to the Board
for approval:
- Business Services maintains the public contracts School Board consent agenda. Business Services shall issue a monthly communication to all Administrators seeking information for any contracts to be included on the consent agenda.
- Contracts presented to the Board for approval shall additionally include a staff report to be provided with the public contracts consent agenda. The responsible Department shall prepare the staff report content and shall submit staff report(s) along with contract information required in 7.a.1. to Business Services.
a. The Superintendent has designated the following positions authorized to
electronically approve and/or sign contracts that obligate the District that are
awarded as a result of any public procurement type. These contracts include,
but are not limited to: purchase orders, construction contracts, trade service
contracts, and personal services contracts; but not emergency contracts, see
paragraph 10.
b. The following table indicates the positions and amount
8. Contract Amendments and Change Orders
An amendment or change order is a written agreement changing or extending the terms and/or conditions of an existing contract by introducing, canceling or changing details, changing, decreasing or increasing the work, but leaving the scope of the contract intact. The District shall report to the Board when amendments or change orders exceed a cumulative amount of 25% over the original contract price of any District formal procurement. These reports will be submitted to the Board after financial close-out of the contract. A contract that has not received Board approval is required to be presented to the Board for approval prior to execution of a change order that will cause the total aggregate contract amount to exceed $150,000. The Superintendent has designated the following positions authorized to electronically approve and/or sign contract amendments or change orders of any existing contract. Division 47 Procurements (Goods/General Services. Includes Trade Service <$50k)
Contract Amendments for OAR Division 47 (ORS 279B) procurements – goods and services: Intermediate Procurement Amendment (OAR 137-047-0270)
a. The District positions listed in the Division 47 table above may amend a contract awarded as an DIVISION 48 Procurements (AE and Related Services)
Contract Amendments for OAR Division 48 (ORS 279C) Procurements for Architects, Engineers and related Services:
The District may amend a contract for the services of architects, engineers and related services pursuant to OAR Division 48. The District may amend any contract if the District, in its sole discretion, determines that the amendment is within the scope of the solicitation document and that the amendment would not materially impact the field of competition for the architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services described in the final form of the original procurement document. In making this determination, the District shall consider potential alternative methods of procuring the services contemplated under the proposed amendment. An amendment would not materially impact the field of competition for the services described in the solicitation document, if the contracting agency reasonably believes that the number of proposers would not significantly increase if the procurement document were re-issued to include the additional services. DIVISION 49 (Construction/Public Improvement Includes Trade Service >$50k)
Contract Amendment and Change Orders for OAR Division 49 (ORS 279C) procurements – public improvements
a. Price increases for public improvement contracts may be increased above the original amount of
award by District issuance of a change to the work or amendment, pursuant to OAR 137-049-0910, within the following limitations.
b. Contract amendments for Construction Manager / General Contractor contracts:
1. Amendments for work prior to the contractual establishment of the Guaranteed Maximum
Price (GMP) which cost over $150,000 will be submitted to the Board for approval following the procedures in paragraph 7. Amendments under $150,000 may be approved by positions listed in the Division 49 table above. 2. Amendments after establishing the GMP that are within the GMP cost may be approved by
positions listed in the Division 49 table above. 9. Emergency Public Contracting
a. “Emergency” means circumstances that:
1. Could not have been reasonably foreseen; b. Emergency Declaration: The Superintendent’s designee may declare that emergency
circumstances exist that requires prompt execution of a public contract. 1. The declaration shall be made in writing in a memorandum to the Superintendent describing
the circumstances in this paragraph 10.a. 2. A copy shall be issued to the Purchasing Manager.
3. The emergency declaration memorandum, public contract and associated documentation
shall be kept on file as a public record. 4. Report to Board all emergency contracts that exceed $150,000 at the earliest opportunity.
c. Designees authorized to make an emergency declaration:
1. Any Executive Administrator or above
2. Any Central Office Administrator, or Administrator for Maintenance Services, or the
Administrator for Facilities Development d. Contract authority for an emergency declaration:
1. Any Executive Administrator or above – No limit
2. Purchasing Manager – up to $1,000,000
3. Any Central Office Administrator, or the Administrator for Maintenance Services, or the
Administrator for Facilities Development - up to $150,000. e. Emergency Procurement: The procurement of goods and services in response to the Emergency
Declaration shall be in accordance with ORS 279B.080, the Attorney General’s model rules OAR 137-047-028 and 137-049-0150. 10. Protest Resolution regarding solicitations.
a. Except where specifically required by the Attorney General model rules, the Purchasing
Manager shall have the authority to resolve protests submitted by persons for: 1. Exemptions and special procurements;
2. Solicitation process and documents; or
3. Notice of intent to award a contract.
b. An adversely affected or aggrieved person must exhaust all avenues of administrative review and
relief before seeking judicial review of the Districts protest decision. 11. District Representative responsibilities as a contract manager:
a. Designate a district representative/contract manager for each public contract.
b. Ensure all contract communications between the consultant/contractor/vendor and District channel
through this person. c. Comply with paragraph 4 of this administrative regulation. (Ensure contract cost is properly
encumbered prior to executing contract). d. All contract actions (awards, amendments, etc.) must be reviewed and approved by at least one
position level above the district representative (with appropriate contract authority) regardless of contract value. e. Prior to award of construction contracts, perform a proactive test to ensure that the offer deemed
"most advantageous to the District" meets the responsibility standard in ORS 279C.375. 12. Additional procedures, including forms, for goods, services and public improvement
are delineated in the Purchasing Manual located on the Beaverton school District staff intranet. |
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