Policy - DJ

POLICY: DJ

EFFECTIVE DATE: 5/1/19

CANCELS SHEET DATED: 12/2/87, 4/10/18

REVIEWED BY POLICY COMMITTEE: 4/3/19

BIDDING/PURCHASING REQUIREMENTS

The RSU #74 School Board expects all purchases made by the school unit to be consistent with applicable laws and sound business practices. The RSU #74 Superintendent (Herein after referred to as “Superintendent”) shall be responsible for developing and implementing administrative procedures for bidding and purchasing consistent with this policy.

This policy is intended solely as an internal guide to purchasing by the school unit. It does not afford any vendor any property or contractual rights against the school unit. No vendor shall have any enforceable rights against the school unit based upon this policy or alleged violations of this policy. No vendor shall have any rights against the school unit until such time as a written contract between the vendor and the school unit is executed by the vendor and an authorized representative of the school unit.

A.) Bidding Required by Law

Maine law requires the RSU #74 Board to competitively bid property and casualty insurance; school bus and transportation contracts in excess of $4,000; school building construction, alterations, and repairs over $100,000; and bond anticipation notes for state-subsidized school construction projects.

B.) Competitive Bidding of Other Purchases

Where bidding is not required by law, it shall be the policy of the school unit to competitively bid purchases of equipment, supplies, materials, or services over $10,000 provided that it is practical and cost-effective to specify the materials or services with sufficient particularity to allow meaningful comparison of bids.

If competitive bidding is not utilized, the Superintendent may seek Requests for Proposals (RFP) for purchases over $10,000. An RFP identifies the need the school unit intends to meet, but permits the vendor to propose the manner in which the work is to be performed and the materials to be used.

The Superintendent may forego the competitive bid or RFP process only when he/she determines that quality, expertise, time factors, or other important considerations outweigh the possible benefits of bidding or requesting proposals. In each such case, the RSU #74 Board shall be informed of the Superintendent’s decision and the reasons for it in advance of entering into a contract.

C.) Procedures for Bidding and Requesting Proposals

The method of notification that the school unit uses to solicit bids and proposals shall be reasonably designed to attract qualified vendors. Depending upon the circumstances, such notification may include public advertising and/or mailing of notices to potential vendors.

BID PROCEDURES

A.) The notification shall specify the deadline for submitting bids and the time and place of bid opening. Bid alternates shall be permitted at the direction of the Superintendent. The notice shall reserve the right of the school unit to reject any or all bids, and to waive technical or immaterial non-conformities in bids if in the best interest of the school unit, and to exercise judgment in evaluating bids.

B.) Written bids. Bids shall be in writing, sealed with outside envelope or wrapper plainly marked “Bid, not to be opened until (insert appropriate date),” and mailed or filed with the Superintendent of the unit.

C.) Time of opening. A school board member or employee of the school unit may not open a bid until the appointed time.

D.) Public opening. At the time and place stated in the public notice, and open to the public, all bids shall be opened by the Superintendent or, in the Superintendent’s absence or disability, by any School Board member designated for the purpose by the Chair of the School Board.

E.) Reading. If any citizens who are not School Board members or employees of the school unit, or if any representatives of the press are present bids shall at the time either be made available for examination by them or shall be read aloud in a manner to be heard plainly by those in attendance.

F.) In general, the School Board will award contracts to the lowest bidder which the Superintendent and School Board deem can satisfactorily fulfill the contract.

RFP PROCEDURES

A.) Proposals should be submitted in plain envelopes clearly marked “Proposal, not to be opened until (state time and date).” The RFP shall state the time and date that proposals shall be opened, and no proposals shall be opened before that time. Public opening is not required.

B.) Proposals are to be evaluated based on criteria appropriate for the project in question, and the contract will be awarded to the vendor whom the Superintendent and School Board deem best able to meet the requirements of the school unit.

PURCHASING

The Superintendent shall be deemed the purchasing agent for the District and shall have the authority to make awards for purchases, where budgetary appropriations exist, as follows:

A.) To award purchase order for supplies, equipment, construction, and services in amounts not to exceed $10,000 for a single item without prior approval of the Board.

B.) For all purchase order in excess of $10,000 for a single item the Superintendent shall obtain:

1.) Prior Board approval for the expenditure.

2.) Formal bids or at least two written quotations to justify the purchase order award.

C.) To award contracts for yearly machine rental in amounts not to exceed $10,000.

D.) To award contracts for maintenance and repair in an amount not to exceed $10,000.

E.) For items in excess of the limits listed in A, B, C, and D above, the Superintendent shall have the authority to purchase only as approved by specific Board action.

F.) In any case of emergency when immediate action is necessary.

RFP Procedures

A.) Proposals should be submitted in plain envelopes clearly marked “Proposal, not to be opened until (state time and date).” The RFP shall state the time and date that proposals shall be opened, and no proposals shall be opened before that time. Public opening is not required.

B.) Proposals are to be evaluated based on criteria appropriate for the project in question, and the contract will be awarded to the vendor whom the Superintendent and RSU #74 School Board deem best able to meet the requirements of the district.

Legal Reference: 5 MRSA § 1743-A (ALL)

20-A MRSA §§ 1001(14), 5401(13)(D); 5402 (ALL)

20-A MRSA § 1314 (MSAD)

ME.DOE Rules, Ch. 61 (Rules for School Construction Projects)

(ALL)