DJ-R1
LOCAL PURCHASING
I. The purpose of this regulation is to increase public confidence in purchasing practices by Culpeper County Public Schools, to maximize the purchasing value of public funds in procurement, and to provide safeguards for maintaining a procurement system of quality and integrity.
The procedures and guidelines detailed in this regulation are established by official action of the Culpeper County School Board, and any modification must be approved by the Board. This regulation is adopted by the Board consistent with that authority set forth in the Virginia Public Procurement Act in Title II, Chapter 7, of the Code of Virginia of 1950, as amended, and with Title 2.1, § 454.1, of the Code of Virginia of 1950, as amended.
II. Definitions
Purchasing Agent - A central office employee designated by the School Board to be responsible for centralized purchasing and administration of purchasing policies.
Using Departments - The central office, each Culpeper County Public School, the maintenance, transportation, food service, and special education departments, and all federal programs which receive funds approved by the School Board.
Professional Services - Work performed by an independent contractor within the scope of the practice of accounting, architecture, land surveying, landscape architecture, law, medicine, optometry, or professional engineering.
Non-Professional Services - Any services not specifically identified as professional services in the above definition, e.g. educational consultant services.
Responsive Bidder - A person who has submitted a bid which conforms in all material respects to the Invitation to Bid.
Responsible Bidder or Offeror - A person who has the capability, in all respects, to perform fully the contract requirements, the moral and business integrity and reliability which will assure good-faith performance, and who has been pre-qualified, if required.
III. Powers and Duties of the Purchasing Agent
Consistent with this regulation and with the approval of the superintendent, the purchasing agent shall:
A. Purchase or contract for all goods, services, insurance, and construction required by using departments, except as provided herein.
B. Ensure preparation and enforcement of standard specifications.
C. Ensure inspection of all deliveries of goods, services, or construction purchased through him/her to determine their conformance with the order or contract.
D. Act to procure for the school system the highest quality in goods, services, insurance, and construction at the least expense to the school system.
E. Endeavor to obtain as full and open competition as possible on all purchases.
F. Maintain a current file of sources of goods, services, insurance, and construction to be known as a "bidder list" to which list vendors may request to be included.
G. Perform such other functions and duties in keeping with good purchasing practices and such other duties as the superintendent may assign.
IV. Delegation of Authority
With the approval of the superintendent, the purchasing agent may delegate authority to purchase certain supplies, services, or construction items to other using departments, if such delegation is deemed necessary for the effective procurement of those items.
V. Rules and Regulations to Govern Purchases
Except as otherwise noted in this regulation, all supplies, materials, equipment, and services required by using departments shall be purchased, or contracted for, in accordance with the rules and regulations as follows:
A. Purchases of thirty thousand dollars ($30,000) or greater: All purchases estimated by the purchasing agent to be in the amount of $30,000 or greater shall be made in accordance with the following:
1. A written invitation to bid containing or making reference to the specifications and pre-qualification requisites shall be advertised in a newspaper having regular circulation in Culpeper County. In addition, bids may be solicited directly from potential contractors at the discretion of the purchasing agent or his/her designee.
2. Public notice of the Invitation to Bid shall provide a minimum of ten (10) days prior to the date set for receipt of bids.
3. All sealed bids submitted to the Board shall be clearly marked "Sealed Bid" on the front of the envelope.
4. Opening and announcement of all bids received by the Board shall be made at a meeting open to the public on a predetermined date and time as set forth in the Notice of Invitation to Bid.
5. Evaluation of bids shall be based upon the requirements set forth in the invitation and adherence to specifications.
6. Contracts shall be awarded to the lowest responsive and responsible bidder.
7. Competitive sealed bidding shall not be required for procurement of professional services. Professional services selection other than legal services shall be made using the method of Competitive Negotiation as set forth in Title II, § 37, of the Virginia Public Procurement Act of the Code of Virginia of 1950, as amended. Legal services may be procured without competition consistent with Title II, § 45, or may be procured through competitive negotiation as set forth in Title II, § 37, at the option of the Board.
B. Purchases of less than thirty thousand dollars ($30,000) but of three thousand dollars ($3,000) or greater. All purchases of supplies, materials, equipment, and services with the exception of professional services estimated by the purchasing agent to be within the above specified limits shall be made on the basis of open market bids. The purchasing agent or using department shall solicit bids by means of requesting potential contractors or suppliers to submit written price quotations. A minimum of three quotations shall be solicited in writing and a record kept on file for public inspection. The contract or purchase shall be awarded to the lowest responsive and responsible bidder. Procurement of professional services shall be made consistent with § V A 7 as stated above.
C. Purchases of less than three thousand dollars ($3,000) but of one thousand dollars ($1000) or greater. All purchases of supplies, materials, equipment, and services with the exception of professional services estimated by the purchasing agent to cost within these specified limits shall be made on the basis of open market bids as outlined in section (B) above, except that three price quotations need not be solicited in writing, but may be solicited by telephone. The purchasing agent or using departments shall document (use exhibit DJ-E1) the date, name of business, type of purchase or product, and the amount of each quotation as a matter of record available for public inspection. Procurement of professional services shall be made consistent with § V A 7 as stated above.
D. Purchases less than one thousand dollars ($1000). The purchasing agent or using department may make purchases costing less than $1000 without obtaining bids or price quotations if reasonable efforts are taken to assure that the prices are competitive.
E. All purchases must be accompanied by a Purchase Order (exhibit DJ-E2).
F. Only employees designated by the Superintendent or the Director of Finance can encumber the school division for purchases and services.
VI. Exceptions to Competitive Bidding
A. Legal services.
B. Purchases from the state penitentiary or state contracts from the state purchasing department warehouse.
C. Emergency purchases or contracts may be awarded without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contracts shall be included in the contract file.
An emergency shall be deemed to exist when a breakdown in essential service occurs (or shall occur) or under any circumstances when supplies or services are needed for immediate use in work which may vitally effect the health, safety, and welfare of the public or which may interrupt the operation of the business of the schools.
D. Upon determination in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. The writing shall document the basis for this determination.
VII. Awarding of Bids
All competitive bids shall be awarded on the basis of the lowest responsive and responsible bidder. Such award shall take into consideration such factors as:
A. Overall price
B. Quantity of items offered
C. Conformance with specifications set forth in the Invitation to Bid
D. Suitability to meet needs of using departments
E. Terms and time of delivery
F. Qualifications of potential contractors
G. Value analysis
H. Any other criteria appropriate to circumstances.
Culpeper County Public Schools shall have the right to reject any and all bids at its discretion. If two or more bids are received with the same unit or total prices, and bids shall otherwise be determined by the Board to be equal, the bid award shall be made on the following basis:
A. Award to vendor tying for bid which vendor is in closest geographic proximity to using department
B. Award to current or last supplier tying for bid
C. Award to vendor chosen by random selection with public witnesses
D. Reject all bids and make purchase on open market as long as price does not exceed low bid and providing Board shall take into consideration those factors set forth in VII above.
VIII. Code of Conduct. Neither the purchasing agent, nor any member of his/her office staff, shall be financially interested or have any personal beneficial interest, either directly or indirectly, in any contract or purchase commitment for any supplies, materials, equipment or contractual services used by or furnished to any department, board or agency of the school system. Nor shall such purchasing agent, or any member of his/her staff, accept or receive, directly or indirectly from any person, firm or corporation to which any contract or purchase may be awarded, by rebate, gifts or otherwise, any money or any thing of value whatsoever or any promise, obligation or contract for future reward or compensation.
Approved by the Superintendent: December 18, 2003
Superintendent’s Signature: _______________________________