Procurement

Purchasing and Procurement of Goods and Services 3-30

Business and Noninstructional Operations

1. Generally
   Purchases and procurement of goods and services from nongovernmental sources, whether consideration is monetary or nonmonetary, made by and for the School Board shall be initiated, processed and accomplished as mandated by the legal references to this Policy.
    
2. Procurement Officer
   The Director of Purchasing shall serve as the purchasing agent for the Division for everything except Capital Improvement Program (CIP) construction projects.

Legal Reference
Code of Virginia § 2.2-4300, et seq., as amended. Virginia Public Procurement Act.

Related Links
School Board Policy 3-32

Adopted by School Board: April 21, 1970
Amended by School Board: November 21, 1978
Amended by School Board: August 21, 1990
Amended by School Board: July 16, 1991
Amended by School Board: February 16, 1993
Amended by School Board: April 4, 2000
Amended by School Board: August 2, 2000
Amended by School Board: September 3, 2002
Amended by School Board: January 28, 2020

Purchasing: Cooperative Procurement 3-31

BUSINESS AND NONINSTRUCTIONAL OPERATIONS

1. Generally
   To conserve financial resources and staff time it is the desire of the School Board to join in cooperative procurement with other public bodies as authorized by law.
    
2. Staff Liaisons
   As designated by the Superintendent, the Director of Purchasing shall direct staff to serve as liaisons for the purposes of sponsoring, conducting and administering such cooperative procurement arrangements. All purchases from cooperative contracts must be approved by the Director of Purchasing.

Legal Reference
Code of Virginia § 2.2-4304, as amended. Cooperative procurement.

Adopted by School Board: February 16, 1993
Amended by School Board: September 3, 2002
Amended by School Board: September 16, 2014
Amended by School Board: January 28, 2020

Emergency/Small/Sole Source Purchases 3-32

BUSINESS AND NONINSTRUCTIONAL OPERATIONS

1. Emergency Purchases
   An emergency shall be deemed to exist when a breakdown in machinery or equipment and/or a threatened termination of essential services or a dangerous condition develops, or when any unforeseen circumstances arise causing curtailment or diminution of an essential service or where materials or services are needed to prevent loss of life or property.
   
   In case of emergency, a contract 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 contractor shall be submitted to the School Board and included in the contract file. Public notice will be made as required by law or regulation.
    
2. Small Purchases/Professional Service Contracts
   All purchases of goods, contractual services, insurance and capital improvements where the aggregate or sum of all phases is estimated to be less than $200,000 in value, shall not be subject to the requirements of the competitive sealed bidding procedures as described in School Board Policy 3-35 or competitive negotiation. However, when the aggregate or sum of all phases is estimated to be between $50,000 and $200,000, the purchasing authority will, when practicable, obtain three informal solicitations or proposals, document such solicitations or proposals, and document the basis for choosing the vendor/contractor. If no other vendor/contactor is practicably available to provide the goods or services or the purchasing authority is unable to obtain solicitations or proposals, the purchasing authority will document this information and proceed with the purchase.
   
   The following items, when purchased in dollar amounts below $200,000, shall be exempt from competition:
   1. Instructional Materials-as determined by the Director of Purchasing;
   2. Instructional Software and Digital Resources;
   3. Assessment Test; and
   4. Industry Standard Certifications.
       

   Single or term contracts for professional services shall not be subject to the requirement of competitive negotiation of School Board Policy 3-38 where the aggregate or the sum of all phases is not expected to exceed $80,000; however, the purchasing authority shall provide for competition wherever practicable. Professional services are exempt from these provisions.
    

3. Sole/Single Source Purchases

   1. When only one known source exists or can be practicably identified or only one single supplier can fulfill the requirements for a purchase or the provision of services, the purchasing authority may purchase or enter into a contract without using competitive processes if the following procedures are followed. Acceptable reasons for sole/single source purchases:
      1. Only one known source exists for the supplies or services as determined by documented research;
      2. No other reasonable alternative source exists or can reasonably be identified that meets the purchasing authority's requirements;
      3. Only one source meets the business needs of the purchasing authority (e.g. compatibility; unique or special features or services);
      4. Procurement of public utility services;
      5. Compatibility (such as purchasing authority requires specific piece of equipment to be compatible with existing equipment);
      6. Limited or proprietary systems, services (i.e. additional licenses, updates, specialized replacement parts, etc.)
      7. A unique professional expert is required;
      8. Sales territories or product availability within limited geographic boundaries;
      9. Unique or proprietary services owned or licensed by a person or corporation (motivational speakers, comedians, artists, musicians, singers, actors, etc.); and
      10. Other reasons consistent with applicable law and regulation and as approved by the Director of Purchasing.
   2. What does not constitute acceptable reasons for sole/single source purchases
      1. Purchasing authority's preference for a brand name product or service or preference for particular vendor/contractor;
      2. The "uniqueness" alone of a good or service without justification of the reasons no other good or service will meet the requirements and without written agreement of the Director of Purchasing that no other good or service can meet the requirements; and
      3. Failure of the purchasing authority to follow purchasing procedures or plan adequate time to complete competitive procurement procedures or contract approval process.
   3. Sole/single source procedure
      1. Purchasing authority must provide written justification to support the sole/single source request. Such request must include the following:
         1. A description of the unique features or reasons that justify not following competitive negotiation procedures;
         2. Documented research supporting the determination that the vendor/contractor is the only known source or only practicably identifiable source;
         3. Documented compatibility, licensing or related issues; and
         4. Other supporting evidence.
   4. Approval of sole/single source determination
      1. The purchasing authority will submit the written justification and supporting documentation to the Director of Purchasing for approval prior to purchasing goods or services;
      2. The Director of Purchasing or designee will review the supporting documentation and approve the written justification, reject the written justification or request further supporting information for consideration before rendering a decision;
      3. Public notice of the sole/single source determination will be made in accordance with applicable law or regulation; and
      4. The purchasing authority will not be authorized to proceed with the purchase or contract for services or goods without approval from the Director of Purchasing.

Editor's Note
See also the School Division's "Purchasing Services Handbook."

Legal Reference
Code of Virginia §2.2-3100, et seq., as amended. State and Local Government Conflict of Interests Act.

Code of Virginia § 2.2-4300, et seq., as amended. Virginia Public Procurement Act.

Code of Virginia §2.2-4370, as amended. Disclosure of subsequent employment.

Related Links

School Board Policy 3-35
School Board Policy 3-38
School Board Policy 3-89

Adopted by School Board: February 16, 1993
Amended by School Board: October 19, 1999
Amended by School Board: August 2, 2000
Amended by School Board: September 3, 2002
Amended by School Board: December 20, 2011
Amended by School Board: September 16, 2014
Amended by School Board: February 13, 2018
Amended by School Board: September 9, 2020
Amended by School Board: April 13, 2021

BUSINESS AND NONINSTRUCTIONAL OPERATIONS

1. Requisitions
   1. In order to facilitate the process of securing required materials and services all requests (requisitions) over $10,000 must be submitted on the appropriate requisition form.
   2. It is the responsibility of the originator of a request to see that each item on a requisition is complete as to specifications.
   3. All requisitions within schools must be approved by the building principal. The signature of the principal denotes review of and recommendation to purchase the items listed. All purchases may be subject to approval by the central office. This includes allotment funds made to schools.
2. Purchase Orders
   1. Purchase orders are to be signed by the appropriate administrator.
   2. When a purchase order which has been issued is later canceled, such cancellation shall be in accordance with law and the vendor shall be promptly notified of the cancellation.
3. Purchase Orders issued for goods or services to be used the following fiscal year
   The Superintendent or designee may issue a purchase order in one fiscal year for goods or services to be paid for with funds appropriated for the ensuing fiscal year, providing the following conditions are met:
   1. Issuance of the purchase order is necessary for the goods or services to be received in a timely manner for the proper operation of the School Division;
   2. The goods and services are not to be delivered and paid for until on or after July 1;
   3. The purchase order must clearly state that the vendor is not to deliver and invoice such goods until on or after July 1;

Legal Reference
Code of Virginia § 22.1-91, as amended. Limitation on expenditures; penalty

Code of Virginia § 15.2-2506, as amended. Publication and notice; public hearing; adjournment; moneys not to be paid out until appropriated.

Related Links
School Board Policy 3-34
School Board Policy 3-36

Adopted by School Board: February 16, 1993
Amended by School Board: August 3, 1999
Amended by School Board: September 16, 2014
Amended by School Board: August 25, 2020

BUSINESS AND NONINSTRUCTIONAL OPERATIONS

1. Generally
   Competitive sealed bidding procedures and the awarding of contracts shall be accomplished as mandated in the legal references to this Policy and Policy 3-30. Best value concepts may be considered when procuring goods and nonprofessional services as long as the criteria, factors, and basis for consideration of best value and the process for the consideration of best value shall be as stated in the Invitation to Bid. Best value concepts may not be used when procuring construction or professional services.
2. Bids
   1. Every item in the budget which lends itself to bidding in order to obtain a better purchase arrangement should be put out for competitive bidding.
   2. Most items shall be purchased in response to specifications.
   3. Specifications shall be designed to ensure the quality of the product desired and free competition so as to permit the lowest possible purchase price.
   4. No bid shall be accepted which does not conform to the specifications furnished.
   5. All bids required by the School Board shall be opened in the presence of the Director of Purchasing or a designee.
3. Awards
   1. Awards normally will be made to the lowest responsible bidder meeting the specifications if service and quality are considered to be equal to that offered by other bidders. When the term and condition of multiple awards are so provided in the Invitation to Bid, awards may be made to more than one bidder.
   2. The right is reserved, however, to make the award to other than the low bidder when it is in the best interest of the School Division.
   3. The right is reserved to waive any and all formalities and to reject any and all bids.
   4. The Director of Purchasing may award contracts to bidders on budgeted items based upon the following criteria: lowest bid meeting specifications, quality, reliability of bidder, service, delivery time, past experience and recommendations of the purchaser.
   5. On all items requiring bids by the School Board, by law or by regulations of the Virginia Board of Education, the School Board or its agent, as authorized pursuant to the terms of the Virginia Public Procurement Act, shall make the final decision after careful examination of the above criteria and the recommendations of the Superintendent or designee.

Legal Reference
Code of Virginia § 2.2-4300, as amended. Virginia Public Procurement Act.

Related Links
School Board Policy 3-30

Adopted by School Board: February 16, 1993
Amended by School Board: August 2, 2000
Amended by School Board: September 3, 2002
Amended by School Board: January 28, 2020

BUSINESS AND NONINSTRUCTIONAL OPERATIONS

1. Lowest Responsible Bidder
   In determining the "lowest responsible bidder," in addition to price, the purchasing authority shall consider:
   1. The ability, capacity and skill of the bidder to perform the contract or provide the service required;
   2. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
   3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
   4. The quality of performance of previous contracts or services;
   5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
   6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
   7. The quality, availability and adaptability of the goods, or services to the particular use required;
   8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
   9. The number and scope of conditions attached to the bid.
2. Negotiation with Lowest Responsible Responsive Bidder if Bids Exceed Available Funding

   Unless all bids are canceled or rejected, the school board reserves the right granted by § 2.2-4318 of the Code of Virginia, to negotiate with the lowest responsible, responsive bidder to obtain a contract price within the funds available to the school board whenever the low bid submitted by a responsible, responsive bidder exceeds the school board's available funds. For the purpose of determining when such negotiations may take place, the term "available funds" shall mean those funds which are budgeted by the school board for this contract prior to the issuance of the written invitation to bid. Negotiations with the low bidder may include both modifications of the bid price and the work to be performed. Nothing herein shall prevent the school board from negotiating a price lower than the bid price, but higher than the funds available, as defined above, in the event that additional funds have become available. The school board shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that the school board wishes to negotiate a lower contract price. The times, places, and manner of negotiating shall be agreed to by the school board and the lowest, responsive, responsible bidder.

Legal Reference
Virginia Public Procurement Act § 2.2-4300, et seq.

Opinion of the Attorney General, March 21, 1985

Approved by Superintendent: August 14, 1993
Revised by Superintendent: September 4, 2002

BUSINESS AND NONINSTRUCTIONAL OPERATIONS

Vendors/Contractors/Sales Representatives

1. Vendors and Contractors

   No favoritism shall be extended to any vendor. Each purchase shall be made on the basis of quality, price and delivery and other considerations as set forth in applicable law, policy or regulation. Past service shall be a factor if all other considerations are equal.

   The School Board believes in patronizing local businesses; therefore, in the purchasing process, when proposals are equal, the contract or purchase order should be awarded to the firm whose location is within the boundaries of this School Division.

2. Sales Representatives
   The School Board recognizes the value of the staff being informed of the latest commercial materials available to assist in their teaching and welcomes competent representatives of such publishers and manufacturers. However, the School Board does not want classroom teachers distracted, nor undue administrative time taken from previously assigned duties.

   It shall be the responsibility of the Superintendent or designees to develop such regulations as will protect the staff from outside pressures yet take advantage of the knowledge brought into the School Division by sales representatives.

3. Vendor Debarment
   Vendors or contractors, on the basis of documented unsatisfactory performance, may be debarred from contracting for particular types of supplies, services, and construction, permanently or for a specified period of time. The vendor will be notified in writing of the particulars of the debarment.

Legal Reference
Code of Virginia, as amended. § 2.2-4321. Debarment.

Adopted by School Board: July 21, 1987
Amended by School Board: February 16, 1993
Amended by School Board: September 3, 2002
Amended by School Board: January 11, 2022

BUSINESS AND NONINSTRUCTIONAL OPERATIONS

Competitive Negotiations/Awards: Procurement of Professional Architectural and Engineering Services

1. Generally

   It shall be the policy of the School Board to announce projects, select consultants and negotiate agreements for architectural and engineering services on the basis of demonstrated competence and qualification for services required and at fair and reasonable fees in conformity with the Virginia Public Procurement Act.

2. Definition
   Architectural or engineering services are those professional consulting services associated with research, development, design and construction, alteration, or repair of real property, as well as incidental services that members of these professions and those in their employ may logically or justifiably perform including, but not limited to, studies, investigations, surveys, evaluations, consultations, planning, programming, conceptual designs, plans and specifications, cost estimates, inspections, and other related services.

3. Announcement of projects
   The School Board may announce projects which require architectural or engineering services to qualified firms by publicizing descriptions periodically in applicable media resources or other appropriate means. Factors to be considered for selection purposes shall be communicated in the project announcement.

4. Administrative Review: Expressions of Interest
   A review shall be conducted by staff designated by the Executive Director of Facilities Services of all firms responding to determine those firms best qualified for the services desired. A minimum of three firms shall be selected for interview from among those responding or on file.

5. Composition of Interview Committee
   The interview, for selection purposes, shall be performed by school staff employees to include five (5) individuals. The staff employees shall consist of the Superintendent's designee who will not be a member of the Office of Facilities Services, the Executive Director of Facilities Services , the Staff Architect and two individuals designated by the Executive Director of Facilities Services.

6. Factors to be considered.
   Factors to be considered for selection purposes are as follows:

   1. The expressed desire of the firm to perform the services.

   2. Professional qualifications of the staff or design team to be assigned to this project.

   3. The extent of specialized experience of the firm in the type of work required.

   4. The capacity of the firm to accomplish the work in the required time.

   5. The degree of familiarity of the firm and the particular project requirements.

   6. Past performance of the firm on similar projects in general and school board projects in particular.

   7. Experience and qualification of any consultants to be used by the architect and engineer.

   8. Current work volume that will affect the ability to complete the work in the required time frame.

   9. Evidence of cost control effectiveness.

   10. Familiarity with sustainability practices.

7. Negotiations
   Negotiations of the agreement shall be initiated with the number-one ranked firm only, and shall be conducted by the Superintendent or designee and support staff, when appropriate. Should satisfactory terms fail to be reached, negotiations with that firm shall be terminated and initiated with a second, then subsequent ranked firms, until a satisfactory agreement is reached.

   Negotiations shall be based on a definitive scope of work and period of performance with attendant manpower, material, and service estimates. Established fee schedules or curves shall be used for comparative purposes only, and not as a basis of justification of any proposed fee.

8. Award
   After an agreement has been negotiated, and upon approval of the Superintendent or designee, the selected firm shall be recommended to the School Board for final approval. Architectural and engineering agreements shall be executed by the Superintendent or designee.

9. Performance Evaluation
   Upon completion of the project, an evaluation of the performance of the architectural and engineering firm may be placed on file to indicate excellence or deficiencies in the service rendered. This information shall be maintained on file for reference purposes in future project awards. Further, it shall be open for review by the subject firm who may tender any observance felt to be appropriate as a matter of record in such files.

10. Exclusions
    The foregoing procedures do not apply to:

    1. Contracts involving estimated fees of less than $30,000.

    2. Contracts of an emergency nature.

11. Definitions and Procedures for Exclusions
    A definition of "emergency"; procedures to be followed in the case of an emergency; procedures to be followed for small purchases of professional services and procedures to be followed for "sole source" purchases are found in School Board Policy 3-32 and the Virginia Public Procurement Act.

Legal Reference
Code of Virginia. § 2.2-4303 G and H, as amended. Methods of procurement.

Related Links
School Board Policy 3-32

Adopted by School Board: January 21, 1992
Amended by School Board: February 16, 1993
Amended by School Board: November 16, 1993
Amended by School Board: August 16, 1994
Amended by School Board: February 19, 2002
Amended by School Board: May 28, 2002
Amended by School Board: May 16, 2017
Reviewed by School Board: January 11, 2022