The following sets forth the procedures for the procurement of goods and services by the District:
I. Definitions
Purchase Contract: a contract involving the acquisition of commodities, materials, supplies or equipment
Public Work Contract: a contract involving services, labor or construction
Equipment: a movable or fixed unit of furniture or furnishings, an instrument, a machine, an apparatus, or a set of articles which meets all of the following conditions:
- It retains its original shape and appearance with use.
- It is non-expendable, that is, if the article is damaged or some of its parts are lost or worn out, it is usually more feasible to repair it rather than replace it with an entirely new unit.
- It does not lose its identity through incorporation into a different or more complex unit or substance.
- It represents an investment of money which makes it feasible and advisable to capitalize the item. In order for an item to be defined as equipment, it must cost at least $2,500.00.
II. General Municipal Law
The General Municipal Law requires that purchase contracts for materials, equipment and supplies involving an estimated annual expenditure exceeding $20,000 and public work contracts involving an expenditure of more than $35,000 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.
III. Competitive Bidding Required
A. Method of Determining Whether Procurement is Subject to Competitive Bidding
- The District will first determine if the proposed procurement is a purchase contract or a contract for public work.
- If the procurement is either a purchase contract or a contract for public work, the District will then determine whether the amount of the annual procurement is above the applicable monetary threshold as set forth above.
- The District will also determine whether any exceptions to the competitive bidding requirements (as set forth below) exist.
B. Contract Combining Professional Services and Purchase
In the event that a contract combines the provision of professional services and a purchase, the District, in determining the appropriate monetary threshold criteria to apply to the contract, will determine whether the professional service or the purchase is the predominant part of the transaction.
C. Opening and Recording Bids; Awarding Contracts
The Purchasing Agent will be authorized to open and record bids. Contracts will be awarded by the Board of Education to the lowest responsible bidder or a purchase contract bid of best value (as recommended by the Purchasing Agent), who has furnished the required security after responding to an advertisement for sealed bids.
In order to be considered a responsible bidder, entities must certify that they are not on the list created and maintained by the State Office of General Services cataloguing significant investment in the Iranian energy sector. Such statement may be submitted electronically pursuant to General Municipal Law § 103 (1).
Entities that cannot make this certification may only be awarded the bid if:
- The entity’s investment activities in Iran were made before April 12, 2012; the investment activities in Iran have not been expanded or renewed after that date; and the entity has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or
- The District makes a determination, in writing, that the goods or services are necessary for the District to perform its functions and that, absent such an exemption, the District would be unable to obtain the goods or services for which the contract is offered.
D. Documentation of Competitive Bids
The District will maintain proper written documentation which will set forth the method in which it determined whether the procurement is a purchase or a public work contract.
E. Purchase of Instructional Materials
In accordance with Education Law the district shall give a preference in the purchase of instructional materials to vendors who agree to provide materials in alternative formats (i.e., any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as a accommodation for a disabled student enrolled in the district, including but not limited to Braille, large print, open and closed captioned, audio or an electronic file in an approved format.)
The District will establish and follow a plan to ensure that every student with a disability who needs his or her instructional materials in an alternative format will receive those materials at the same time that they are available to non-disabled students.
F. Leases of Personal Property
In addition to the above-mentioned competitive bidding requirements, section 1725 of the Education Law requires that the District will be subject to competitive bidding requirements for purchase contracts when it enters into a lease of personal property.
Documentation: The District will maintain written documentation such as quotes, cost-benefit analysis of leasing versus purchasing, etc.
Any legal issues regarding the applicability of competitive bidding requirements will be presented to the school attorney for review.
IV. Exceptions to Competitive Bidding Requirements
The District will not be subject to competitive bidding requirements when the Board of Education, in its discretion, determines that it is in the best interest of the District not to be so bound when one of the following situations exists:
- emergency situations where:
- the situation arises out of an accident or unforeseen occurrence or condition;
- a District building, property, or the life, health, or safety of an individual on District property is affected; or
- the situation requires immediate action which cannot await competitive bidding.
However, when the Board passes a resolution that an emergency situation exists, the District will make purchases at the lowest possible costs, seeking competition by informal solicitation of quotes or otherwise, to the extent practicable under the circumstances.
Documentation: The District will maintain records of verbal (or written) quotes as appropriate;
- when the District purchases surplus or second-hand supplies, materials or equipment from the federal or state governments or from any other political subdivision or public benefit corporation within the state.
Documentation: The District will maintain market price comparisons (verbal or written quotes) and the name of the government entity;
- when the Board separately purchases eggs, livestock, fish and dairy products (other than milk), juice, grains and species of fresh fruits and vegetables directly from producers or growers. The amount expended in any fiscal year by the District may not exceed an amount equal to fifteen cents multiplied by the number of days in the school year multiplied by the total enrollment of the District.
Documentation: The District will maintain documentation consistent with sections 114.3 of the Regulations of the Commissioner of Education;
- when the Board separately purchases milk directly from licensed milk processors employing less than forty (40) people. The amount expended in any fiscal year by the district may not exceed an amount equal to twenty-five cents multiplied by the number of days in the school year multiplied by the total enrollment of the District or exceed the current market price.
Documentation: The District will maintain documentation consistent with section 114.4 of the Regulations of the Commissioner of Education; or
- when there is only one possible source from which to procure goods or services required in the public interest.
Documentation: The District will maintain written documentation of the unique benefits of the item or service purchased as compared to other items or services available in the marketplace; that no other item or service provides substantially equivalent or similar benefits; and that, considering the benefits received, the cost of the item or service is reasonable, when compared to conventional methods. In addition, the documentation will provide that there is no possibility of competition for the procurement of the goods.
- when the district purchases through the contracts of (or “piggybacks” onto) other governmental entities, as authorized by law, for certain goods and services permitted by law. Factors relevant to the decision to “piggyback” may include cost, staff time, delivery arrangements, quality of goods and services, and suitability of such goods and services to the district’s needs.
Documentation: The district will keep documentation indicating why “piggybacking” is in the best interests of the district, copies of the original contract, and that the originating contract was let in a manner consistent with applicable competitive bidding requirements.
V. Standardization
Upon the adoption of a resolution by a vote of 3/5ths of the Board stating that, for reasons
of efficiency or economy, there is a need for standardization, purchase contracts for a particular type or kind of equipment, material or supplies of more than $20,000 may be awarded to the lowest responsible bidder furnishing the required security after advertisement for sealed bids. The resolution must contain a full explanation of the reasons for its adoption.
VI. Quotes When Competitive Bidding Not Required
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. Alternative proposals or quotations will be secured by requests for proposals, written or verbal quotations or any other appropriate method of procurement, as set forth below.
A. Methods of Documentation
- Verbal Quotations: the telephone log or other record will set forth, at a minimum, the date, item or service desired, price quoted, name of vendor, name of vendor’s representative;
- Written Quotations: vendors will provide, at a minimum, the date, description of the item or details of service to be provided, price quoted, name of contact. The District will maintain documentation consistent with Exhibit 6700-E that will include bid advertisements, specifications and the awarding resolution. Alternatively, written or verbal quotation forms will serve as documentation if formal bidding is not required;
- Requests for Proposals: the district will contact a number of professionals (e.g., architects, engineers, accountants, lawyers, underwriters, fiscal consultants, etc.) and request that they submit written proposals. The RFPs may include negotiations on a fair and equal basis. The RFPs and evaluation of such proposals will consider price plus other factors such as:
- the special knowledge or expertise of the professional or consultant service;
- the quality of the service to be provided;
- the staffing of the service; and
- the suitability for the district’s needs.
The District will first locate prospective qualified firms by:
- advertising in trade journals;
- checking listings of professionals; or
- making inquiries of other districts or other appropriate sources.
The District will then prepare a well-planned RFP which will contain critical details of the engagement, including the methods which it will use in selecting the service.
B. Purchases/Public Work: Methods of Competition to be Used for Non-Bid Procurements; Documentation to be Maintained
The District will require the following methods of competition be used and sources of documentation maintained when soliciting non-bid procurements in the most cost-effective manner possible:
- Purchase Contracts up to and including $20,000
- Contracts up to and including $3,000: Verbal quote
- Contracts in excess of $3,000 up to and including $10,000: Written quotes
- Contracts in excess of $10,000 to $20,000: Written quotes
- Contracts in excess of $20,000 shall be awarded in accordance with General Municipal Law Section 103-b.
2. Public Work Contracts up to and including $35,000
- Contracts up to and including $3,000: Verbal quote
- Contracts in excess of $3,000 up to and including $10,000: Written quotes
- Contracts in excess of $10,000 up to and including $35,000: Written quotes
- Contracts in excess of $35,000 shall be awarded in accordance with General Municipal Law Section 103.
3. Emergencies: Verbal quotes, insofar as practicable under the exigent circumstances.
Documentation will include notations of verbal quotes.
- Insurance: RFP
Documentation will include written proposals.
- Professional Services: RFP
Documentation will include written proposals.
- Second Hand Equipment from Other Governments: Written quotes
Documentation will include market price comparisons (verbal or written quotes) and the name of the government.
- Certain Food and Milk Purchases: Written quotes
Documentation will be consistent with sections 114.3 and 114.4 of the Regulations of the Commissioner of Education.
- Sole Source: Written or verbal quotes
Documentation will include, among other things, the unique benefits of the patented item as compared to other items available in the marketplace; that no other item provides substantially equivalent or similar benefits; and that considering the benefits received, the cost of the item is reasonable, when compared to conventional methods. Notations of verbal quotes will be
maintained by the District. In addition, the District will document that there is no possibility of competition for the procurement of the goods.
VII. Quotes Not Required When Competitive Bidding Not Required
The District will not be required to secure alternative proposals or quotations for those procurements as permitted by state law:
- under a county contract;
- under a state contract;
- under a federal contract;
- under a contract of another political subdivision;
- of articles manufactured in state correctional institutions;
- from agencies for the blind and severely disabled; or
- 7. from BOCES
In addition, the District will not be required to secure such alternative proposals or quotations for:
- emergencies where time is a crucial factor;
- procurements for which there is no possibility of competition (sole source items);
- procurements of professional services, which, because of the confidential nature of the services, do not lend themselves to procurement through solicitation; or
- very small procurements when solicitations of competition would not be cost-effective.
VIII. Procurements from Other than the “Lowest Responsible Dollar Offeror”
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.
Adoption date: November 12, 2002
(replacing 6740-R, Purchasing Procedures Regulation, adopted 9/11/00)
Revised: February 13, 2006
Revised: February 25, 2008
Revised: May 10, 2010
Revised: August 30, 2010
Revised: December 10, 2012
Revised: November 10, 2014
Revised: May 11, 2015
Reviewed: August 28, 2017
Revised: April 9, 2018
Revised: October 23, 2023