1 f 5 Windham Schl District Prcurement Plicy fr Federal Funds DJB-FED The fllwing Prcurement Plicies shall apply t all Cntracts fr and Purchases f gds and services. All prcurements made with Federal funds will be cnsistent with 2 CFR 200.317 thrugh 200.326 Prcurement Standards. These plicies are t ensure that gds and services are prcured at the best available price cnsistent with high quality, that sund business and ethical practices are adhered t in all Windham Schl District business transactins ant that all transactins are cmpleted in a manner that prvides fr pen and free cmpetitin. The Executive Directr f Finance and Operatins has primary respnsibility and versight fr purchasing activities f Windham Schl District and has the authrity t delegate purchasing respnsibilities as apprpriate. The Executive Directr f Finance and Operatins will peridically review and evaluate these prcedures t ensure the best internal cntrls pssible. All purchases shall cmply with apprpriate and relevant federal, state and lcal laws as well as with Windham Schl District s plicies. In the event that federal, state r lcal laws, regulatins, grants r requirements are mre restrictive than this plicy, such laws, regulatins, grants r requirements shall be fllwed. The Windham Schl District Purchasing Prcedure Plicy DJB is mre restrictive in mst instances. Prcurement Standards T ensure pen and free cmpetitin: Unreasnable requirements shall nt be placed n firms and/r individuals in rder fr them t qualify t d business. N gegraphical preferences shall be used in the evaluatin f bids r prpsals unless State/Federal statutes expressly mandate r encurage a gegraphic preference. Cntract specificatins r statements f wrk may nt unduly restrict cmpetitin and must identify the requirements that prpsing firms r individuals must fulfill and the factrs t be used in evaluating bids r prpsals. Splitting purchases r cntracts t avid cmpetitin is prhibited. Purchase Types and Prpsal Evaluatin Requirements: Micr Purchase (under $3,500): cmpetitin is nt required, hwever, a gd faith effrt shuld be made t cmpare prices with cmparable suppliers. Windham Schl Bard Plicy Cde: DJB-FED
2 f 5 Small Purchase ($3,501-$20,000): cmpetitin is required t establish a cmpetitive price. Preferably, price r rate qutes frm at least three qualified surces must be dcumented. If three price r rate qutes are nt pssible, dcument attempts. Fr recurring expenses, price r rate qutes may be btained and dcumented every tw t three years. This can be thrugh a frmal RFP prcess r requesting qutes frm ptential vendrs. When a cmpetitive prpsal methd is nt feasible fr a small purchase, a sle surce purchase may be made. This wuld require either the item r service is nly available frm a single surce, an emergency situatin that des nt allw additinal time fr a cmpetitive prcess, the granting agency authrizes nncmpetitive negtiatins, r cmpetitin is deemed inadequate after slicitatin f a number f surces. Cmpetitive Prpsals (all purchases ver $20,001): Cmpetitive prpsals are required thrugh a sealed bid prcess. All qualified surces must submit frmal written bids, prpsals r qualificatins. RFPs r RFQs may be used. If nly ne prpsal is received, the prcurement may qualify as a single surce and wuld require review by the Executive Directr f Finance and Operatins. dcumentatin must include: Frmal written bids, prpsals, r qualificatins frm all qualified surces. The methd f prcurement. The evaluatin and selectin prcess. The basis fr the cntract price. Final labr, verhead rates. Requirements fr Requests fr Prpsals/Qualificatins Request fr Prpsals (RFP) are used when the specific requirements and/r technical specificatins f a prject are unclear and criteria in additin t pricing are needed. The prpsal is a slutin which typically includes a scpe f prject and/r service, apprach, technical capabilities, financial infrmatin and references. Request fr Qualificatins (RFQ) are used t evaluate the qualificatins f firms and/r cnsultants t determine which are mst qualified t prvide the service needed. RFQs are evaluated n technical factrs and qualificatins including educatin, experience, management and ther applicable criteria. RFQs may be used in cnjunctin with RFPs. The fllwing requirements apply t RFPs and RFQs: All RFP/Qs must be reviewed and apprved by the Executive Directr f Finance and Operatins befre being issued; The RFP/Q must be publicized and identify the evaluatin factrs and their relative imprtance, and state that all cmplete and timely submittals will be cnsidered; All RFP respnses must cntain cst r price estimates; The primary selectin criterin will be the ability f the firm/cnsultant t understand the issues and accmplish the tasks described in the RFP/Q; Fr RFPs, the prpsal mst advantageus t the prgram will be selected, even when the preferred prpsal is nt the lwest priced; and Windham Schl Bard Plicy Cde: DJB-FED
3 f 5 Fr RFQs, cmpetitrs qualificatins will be evaluated and the mst qualified cmpetitr will be selected, subject t negtiatin f fair and reasnable cmpensatin. Prcurement Prcess 1. Determine the applicable purchase type and requirements based upn the anticipated ttal cst. Csts shall nt be divided in an attempt t create a lwer ttal cst t avid a prcurement methd r cmpetitin requirements. If ne item being purchased requires anther item t be cmplete r make a whle, the ttal cst f the tw items tgether shuld be cnsidered t determine the prcurement methd, unless the tw items can nt be acquired frm a single supplier. Ttal quantity, taxes, freight, and installatin csts, as well as the ttal csts expected fr all phases f a multi-phase prject are t be included when estimating the anticipated ttal csts. 2. Cmplete and dcument all requirements fr the applicable purchase type. 3. Have materials reviewed and apprved by the Executive Directr f Finance and Operatins. N payments may be made prir t receipt f gds r services unless apprval is btained frm the Executive Directr f Finance and Operatins. 4. After steps 1-3 are cmplete, purchase r execute the cntract fr the gds and/r services. 5. Prmptly submit all purchase requests and ther cmmitment dcumentatin t the Finance Manager. Cntracts Cntracts funded directly under State/Federal grants shall adhere t State/Federal statutry and regulatry requirements. The Executive Directr f Finance and Operatins shall sign all cntracts and cntract amendments. Dcumentatin in the cntract file must include: The methd f purchase r prcurement. The evaluatin and selectin prcess. The basis fr the cntract price. Final labr, verhead rates. Regarding cntract texts, all cntracts shall include: Terminatin clause fr cause r cnvenience if ver $10,000 Remedies fr breach f cntract if ver $50,000 Byrd Anti-Lbbying Amendment (31 U.S.C. 1352) certificatin fr cntracts exceeding $100,000 Legal cunsel review may be required fr cntracts nt using the Windham Schl District biler plate cntract template. Windham Schl Bard Plicy Cde: DJB-FED
4 f 5 All Cntracts ver $10,000 require a RFP r RFQ. The RFP/Q must be publicized and identify the evaluatin factrs and their relative imprtance. All RFP/Qs must cntain cst r price estimates. Prpsals r qualificatins must be slicited frm at least three qualified surces. Fr RFQs specifically, cmpetitrs qualificatins will be evaluated and the mst qualified cmpetitr will be selected, subject t negtiatin f fair and reasnable cmpensatin. A cntract will nt be executed with parties listed n the gvernment wide exclusins in the System fr Award Management (SAM). Additinally, cntractrs will be required t submit annual audits t Windham Schl District t ensure the cntractr has cmplied with gd accunting practices and federal regulatins. Prtest Prcedure Unsuccessful prpsers will be affrded the pprtunity f a debriefing cnference if they s request. The request fr a debriefing cnference must be made within three days f receipt f the ntificatin indicating that their prpsal was nt selected. Discussins will be infrmal and limited t a critique f the requesting cnsultant s prpsal. Windham Schl District representatives will explain the scring f a cnsultant s prpsal. Debriefings may be cnducted in persn r by telephne and may be limited t a specific perid f time. Recrds f the RFP/Q slicitatin, evaluatin, scring, and selectin prcess shall be kept n file fr the life f the prject. Cntract Oversight Windham Schl District prject managers will be respnsible fr day t day cntract administratin and will reprt any aberratins t the Executive Directr f Finance and Operatins. Windham Schl District will ensure that cntractrs meet their respnsibilities by making certain that cntracts: Knw and understand applicable federal requirements. Have adequate prject delivery systems. Have sufficient accunting cntrls t manage Federal funds prperly. Windham Schl District will prvide adequate mnitring f the cntracts administrative actins t assure cmpliance with Federal and/r agreement requirements. In the event that a cntractr is unable t satisfactrily cmplete the wrk, and after unsuccessful attempts t remedy the situatin, a cntract may be terminated. Windham Schl District will reimburse the cntractr fr all csts incurred, but nt thse in excess f the cntract, in the perfrmance f the prject up t and including the effective date f terminatin. Windham Schl Bard Plicy Cde: DJB-FED
5 f 5 Cnflicts f Interest N emplyee, cmmissiner r agent f Windham Schl District shall participate in the selectin, award r administratin f a cntract r authrizatin f a purchase if a cnflict f interest, real r perceived, wuld be invlved. Such a cnflict culd arise when: The emplyee, fficer r agent, Any member f his r her immediate family, His r her partner, r An rganizatin which emplys r is abut t emply any f the abve has: A financial r ther interest in the firm selected fr award, Directly r indirectly given his/her pinin n the matter, Has frmed an pinin n the matter, r Has prejudged the matter t any degree. Windham Schl Bard Plicy Cde: DJB-FED