2000 4310

Non-Instructional/Business

Operations

WFL

SUBJECT: PURCHASING PRINCIPLES

The Board of Education views purchasing as serving the educational program by providing necessary supplies, equipment and related services. Purchasing will be centralized in the business office under the general supervision of the Purchasing Agent designated by the Board of Education.

It is the goal of the Board to purchase competitively, without prejudice or favoritism, and to seek the maximum educational value for every dollar expended. Competitive bids or quotations shall be solicited in connection with purchases pursuant to law. The General Municipal Law requires that purchase contracts for materials, equipment and supplies involving an estimated annual expenditure exceeding $10,000 and public work contracts involving an expenditure of more than $20,000 will be awarded only after responsible bids have been received in response to a public advertisement soliciting formal bids. Similar procurements to be made in a fiscal year will be grouped together for the purpose of determining whether a particular item must be bid.

Goods and services which are not required by law to be procured by the district through competitive bidding will be procured in a manner so as to ensure the prudent and economical use of public monies, in the best interests of the taxpayers, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption.

Alternative proposals or quotations will be secured by requests for proposals, written or verbal quotations or any other appropriate method of procurement, except for procurements:

1. under a county contract;
2. under a State contract;
3. of articles manufactured in State correctional institutions; or
4. from agencies for the blind and severely disabled.

The District’s purchasing activity will strive to meet the following objectives:

1. To effectively supply all administrative units in the school system with needed materials, supplies, and contracted services;
2. To obtain materials, supplies and contracted services at the lowest prices possible consistent with the quality and standards needed as determined by the Purchasing Agent in cooperation with the requisitioning authority. The educational welfare of the students is the foremost consideration in making any purchase;
3. To ensure that all purchases fall within the framework of budgetary limitations and that they are consistent with the educational goals and programs of the District;
4. To maintain an appropriate and comprehensive accounting and reporting system to record and document all purchasing transactions; and
5. To ensure, through the use of proper internal controls, that loss and/or diversion of District property is prevented.

Opportunities shall be provided to all responsible suppliers to do business with the School District. Suppliers who place of business is situated within the District may be given preferential consideration only when bids or quotations on an item or service are identical as to price, quality and other factors. Purchases will be made through available cooperative BOCES bids, State contracts of the Office of General Services or county contracts whenever such purchases from correctional institutions and severely disabled persons through charitable or non-profit-making agencies, as provided by law.

The District will provide justification and documentation of any contract awarded to an offeror other than the lowest responsible dollar offeror, setting forth the reasons why such award is in the best interests of the District and otherwise furthers the purposes of section 104-b of the General Municipal Law.

The Purchasing Agent will not be required to secure alternative proposals or quotations for:

1. Emergencies where time is a crucial factor;
2. Procurements for which there is no possibility of competition (sole source items);
3. Procurements of professional services, which, because of the confidential nature of the services, do not lend themselves to procurement through solicitation; or
4. Very small procurements when solicitations of competition would not be cost-effective.

The Superintendent of Schools, with the assistance of the Purchasing Agent, shall be responsible for the establishment and implementation of the procedures and standard forms for use in all purchasing and related activities in the District. Such procedures shall comply with all applicable laws and regulations of the State and the Commissioner of Education.

No Board member, officer or employee of the School District shall have an interest in any contract entered into by the Board or the District, as provided in Article 18 of the General Municipal Law.

Comments will be solicited from those administrators involved in the procurement process before enactment of the District’s policies regarding purchasing and from time to time thereafter. The policies must then be adopted by Board resolution. All District policies regarding the procurement processes will be reviewed by the Board at least annually.

The unintentional failure to fully comply with the provisions of Section 104-b of the General Municipal Law or the District’s policies regarding procurement will not be grounds to void action taken or give rise to a cause of action against the District or any officer or employee of the District.

General Municipal Law Section 104b and

Article 18

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2000 4311

Non-Instructional/Business

Operations

WFL/EB

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:

1. Assure the prudent and economical use of public moneys in the best interest of the taxpayers;
2. Facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances; and
3. Guard against favoritism, improvidence, extravagance, fraud and corruption.

1. 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;
2. With certain exceptions (purchases pursuant to General Municipal Law, Section 186; State Finance Law, Section 175-a and 175-b; State Correction Law, Section 184; or those circumstances or types of procurements set forth in (f) of this section), 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;
3. Set forth when each method of procurement will be utilized;
4. Require adequate documentation of actions taken with each method of procurement;
5. Require justification and documentation of any contract awarded to other than the lowest responsible dollar offer, stating the reasons; and
6. 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.

General Municipal Law, Sections 103(1)(5) and 104-b

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2000 4312

Non-Instructional/Business

Operations

WFL/EB

Bank credit cards will be assigned after approval by the Assistant Superintendent for Administration and the District Superintendent. The Assistant Superintendent for Administration can recommend to the District Superintendent that credit cards be revoked where there is consistent violation of this policy.

Upon information of employee separation from BOCES, the Assistant Superintendent for Administration will collect the credit card. The Assistant Superintendent for Administration will call the bank and cancel the credit card.

Telephone credit cards will be assigned after the approval of the Assistant Superintendent for Administration.

Upon information of employee separation from BOCES, the Assistant Superintendent for Administration will collect the credit card.

Gas credit cards will be assigned after the approval of the Assistant Superintendent for Administration. Upon information of employee separation from BOCES, the Assistant Superintendent for Administration will collect the credit card. BOCES will maintain the gas credit card for reassignment or cancel if not returned or lost.

Credit cards may only be used for the cardholder’s expenses associated with traveling or working off site and while conducting official BOCES business in accordance with BOCES policies and regulations. Credit cards are not transferable. Only the individual whose name appears on the card may use it and is authorized to sign the charge slips.

Signed receipts/charge slips indicating date, name of provider of the service, amount and reason for the expense shall be submitted to the Business Office with the monthly statement and direct payment claim form. An itemized bill should also be attached and if the charges are for more than one person, the quantity should be so indicated. Claims submitted without receipts will be returned and not paid. Should finance charges be incurred due to the lack of receipts, they will be the responsibility of the credit card holder. If any credit card is lost, stolen or misplaced, the BOCES Business Office and the credit card provider should be notified immediately.

Use tax exempt certificates in New York State and whenever possible out of State. No personal items are to be charged with the BOCES credit cards. Absolutely no alcohol or entertainment charges are to be on BOCES credit cards even if the BOCES is being reimbursed. All Business Credit Card expenses are to be approved by the user’s immediate supervisor.

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2000 4320

Non-Instructional/Business

Operations

WFL/EB

1. Competitive Bidding – Competitive bids shall be solicited in connection with all purchasing as required by Section 103 of the General Municipal Law. Contracts shall be awarded to the lowest responsible bidder complying with specifications and other stipulated bidding conditions.

1. Contracts for supplies, materials or services which are in an amount in excess of the amount specified in Section 103 of the General Municipal Law and all public works contracts involving an expenditure in excess of the amount specified in Section 103 of the General Municipal Law shall be awarded on the basis of public advertising and competitive bidding, consistent with the provisions of Section 103 of the General Municipal Law.
2. All contracts which require public advertising and competitive bidding shall be awarded by resolution of the cooperative board. Recommendations for such contracts shall be made to the cooperative board by the District Superintendent of Schools.
3. The clerk of the cooperative board or designee is authorized to open bids and record the same pursuant to law.

1. Purchase Exempt from Competitive Bidding – Any purchase of personal property which is not subject to competitive bidding shall be made in accordance with procedures established pursuant to Section 104-b of the General Municipal Law.

1. Goods and services must be purchased so as to facilitate the acquisition of goods and services of quality at the lowest cost under the circumstances and to guard against favoritism, improvidence, extravagance, fraud or corruption.
2. A purchasing agent shall be appointed by the cooperative board who shall be authorized to issue purchase orders without prior approval of the cooperative board where formal bidding procedures are not required by law, and when budget appropriations are adequate to cover such obligations.

(Refer also to Policy #4230 -- Acceptance of Gifts, Grants and Bequests to BOCES.)

Education Law Sections 207 and 1950(18)

8 New York Code of Rules and Regulations

(NYCRR) Section 170.3