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Bellingham Public Schools works to ensure all procurement policies and contract agreements are in strict compliance with current state of Washington and/or federal regulations. Cost threshold values below are based on current legislative thresholds. If legislation changes these thresholds will automatically change. Costs are estimated at the start of the project and include all costs of delivery and sales tax. All individuals charged with committing district funds shall be knowledgeable of and responsible for said compliance.

The district is dedicated to procuring goods and services in a timely manner and at fair and reasonable prices, both through the formal bid process and through other normal procurement practices. The purchasing office is responsible for maintaining a continuous supply of goods and services necessary to support the operation of the district. The purchasing office is also responsible for initiating and maintaining effective and professional relationships with suppliers and shall serve as the channel through which requests regarding products and prices are handled.

The district will not discriminate against any supplier and will treat all suppliers equally, affording each an opportunity to submit bids and/or quotes for goods and services which they are qualified to supply.

The superintendent will establish bidding and contract awarding procedures consistent with state and federal law for all purchases of furniture, equipment, supplies (except books), or public works projects.

A. Furniture, Supplies, or Equipment

1. Procurement Using State Funds (Except Books)

Whenever the estimated cost of furniture, supplies or equipment (except books) is:

a. less than $40,000, no competitive bidding process is required to make the purchase;

b. between $40,000 and $75,000, the district will follow the informal competitive bidding process by requiring quotes from at least three different sources to be obtained in writing or by telephone and recorded for the public to review;

c. over $75,000, the district will follow the formal competitive bidding process by:

i. Providing notice of the call for formal bids by publication in at least one newspaper of general circulation in the district at least once each week for two consecutive weeks, of the intention to receive bids and that specifications and other information may be examined at the office of the board or any other officially designated location;

ii. Ensuring that the district takes steps to assure that when possible, the district will provide opportunities for small and minority businesses, women鈥檚 business enterprises and labor surplus firms;

iii. Providing the clear and definite plans and specifications for such work or purchases to those interested in submitting a bid;

iv. Requiring that bids be in writing;

v. Opening and reading bids in public on the date and in the place named in the notice; and

vi. Filing all bids for public inspection after opening.

2. Exemption

The district may waive bid requirements for:

a. Purchases clearly and legitimately limited to a single source of supply;

b. Purchases involving special facilities or market conditions;

c. Purchases in the event of an emergency;

d. Purchases of insurance or bonds; and

e. Public works in the event of an emergency.

In order to waive competitive bidding in an emergency, the board must adopt a resolution declaring the existence of an emergency and reciting the facts constituting the same. Alternatively, the superintendent or designee is authorized to declare an emergency situation exists, waive competitive bidding requirements, and award all necessary contracts on behalf of the district to address the emergency situation. “Emergency” means unforeseen circumstances beyond the district’s control that present a real, immediate threat to the proper performance of essential functions or will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

 

Whenever the district waives bid requirements, the district will issue a document explaining the factual basis for the exception and record the contract for open public inspection. When bid requirements are waived due to emergency, such documents will be published no later than two weeks following the award of any resulting emergency contract.

 

B. Public Works

Public works is defined as all work, construction, alteration, repair, or improvement, other than 鈥渙rdinary maintenance,鈥� utilizing public funds.

1. 一本道app less than $100,000

The district may make improvements or repairs to district property without following the formal competitive bidding process if the total cost of improvements or repairs does not exceed $100,000, unless the contract is let using the small works roster process authorized by RCW 39.04.152 or under any other procedure authorized for school districts.

2. 一本道app $100,000 to $349,999

If the district estimates that the total cost of a building, improvement, repair, or other public works project is $100,000 or more, the district will follow the formal competitive bidding process outlined in section (A)(1)(c), unless the contract is let using the small works roster process authorized by RCW 39.04.151-.152 or under any other procedure authorized for school districts.

3. 一本道app Exceeds $350,000

For any public works project estimated to exceed $350,000, formal bids shall be solicited through the formal competitive bidding process outlined in section (A)(1)(c) or under any other procedure authorized for school districts.聽 The small works roster may not be utilized on projects of more than $350,000.

4. Exemption

The district may waive bid requirements for public works in the event of an emergency.

In order to waive competitive bidding in an emergency, the board must adopt a resolution declaring the existence of an emergency and reciting the facts constituting the same. Alternatively, the superintendent or designee is authorized to declare an emergency situation exists, waive competitive bidding requirements, and award all necessary contracts on behalf of the District to address the emergency situation. “Emergency” means unforeseen circumstances beyond the district’s control that present a real, immediate threat to the proper performance of essential functions or will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

 

Whenever the district waives bid requirements, the district will issue a document explaining the factual basis for the exception and record the contract for open public inspection. When bid requirements are waived due to emergency, such documents will be published no later than two weeks following the award of any resulting emergency contract.

C. Procurement Using Federal Funds

1. Goods

a. When the district uses federal funds for procurement of textbooks, the allowable self-certification is $50,000. When the district uses federal funds for procurement of goods, including furniture, supplies, and equipment:

b. Less than $10,000, no quotes required. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.

c. Between $10,000 and $75,000 must be procured using price or rate quotations from three or more qualified sources.

d. Over $75,000 must be publicly solicited using sealed bids or requests for proposals.

Self-Certification

If during a given fiscal year, the district qualifies as a low-risk auditee in accordance with criteria in 2 C.F.R. 搂 200.520, as determined by the auditor, or has documentation it received a low risk assessment after an annual internal institutional risk assessment to identify, mitigate and manage financial risks, then the district may use the following self certification thresholds instead of the ones described above:

• • • • Purchases of $40,000 or less do not require quotes. However, the district must consider the price to be reasonable based on research, experience, purchase history or other information and must document this determination. In addition, to the extent practical, purchases must be distributed equitably among suppliers.
      • Purchases between $40,000 and $75,000 must be procured using price or rate quotations from three or more qualified sources.
      • Purchases of $75,000 or more must be publicly solicited using the district鈥檚 formal bidding procedure.

If the district uses self-certification, the superintendent will develop self-certification procedures to accompany this policy. Additionally, if the district qualifies for self-certification and wants to go above the $40,000 or $50,000 self-certification limits, the district reserves the right to seek approval for higher limits from OSPI.

2. Services

When the district uses federal funds for procurement of services:

a. Less than $10,000, no quotes required. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.

b. Between $10,000 and $250,000 must be procured using price or rate quotations from a reasonable number of qualified sources.

c. Over $250,000 must be publicly solicited using sealed bids or requests for proposals.

 

Self-Certification

If during a given fiscal year, the district qualifies as a low-risk auditee in accordance with criteria in 2 C.F.R. 搂 200.520, as determined by the auditor, or has documentation it received a low risk assessment after an annual internal institutional risk assessment to identify, mitigate, and manage financial risks, then the district may use the following Self-Certification thresholds instead of the ones described above:

• • • • Purchases of $50,000 or less do not require quotes. However, the district must consider the price to be reasonable based on research, experience, purchase history or other information and must document this determination. In addition, to the extend practical, purchases should be distributed equitably among suppliers.
      • Purchases between $50,000 and $250,000 must be procured using price or rate quotations from a reasonable number of qualified sources.
      • Purchases of $250,000 or more must be publicly solicited using sealed bids or requests for proposals.

If the district uses Self-Certification, the Superintendent will develop Self-Certification procedures to accompany this policy. Additionally, if the district qualifies for Self-Certification and wants to go above the $40,000 or $50,000 Self-Certification limits, the district reserves the right to seek approval for higher limits from OSPI.

3. Noncompetitive Procurement

Noncompetitive procurement may be used only when one of the following four circumstances applies:

a. The item is only available from a single source;

b. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;

c. The awarding agency (e.g., OSPI) authorizes noncompetitive procurement in response to a written request from the district; or

d. After solicitation of a number of sources, competition is determined inadequate.

The district must maintain documentation supporting the applicable circumstance for noncompetitive procurement.

4. Cost/Price Analysis

The district will perform a cost or price analysis in connection with every procurement action in excess of the federal simplified acquisition threshold, currently set at $250,000 or other limits identified in 48 CFR 2.101, including contract modifications. The method and degree of analysis is dependent on facts surrounding the procurement situation, but should include, as a starting point, independent estimates before receiving bids or proposals. In cases where no price competition exists and in all cases where the district performs the cost analysis, profit must be negotiated as a separate element in the process. To ensure profit is fair and reasonable, consideration must be given to the complexity of the work performed, the risk borne by the contractor, the contractor鈥檚 investment, the amount of subcontracting, the quality of the contractor鈥檚 past performances, and industry standard profit rates in the surrounding geographical area. Costs or prices based on estimated costs for contracts are allowed only to the extent that the costs incurred or cost estimates would be allowable under 2 CFR 200.400 – .476.

5. Suspension and Debarment

Before entering into federally funded vendor contracts for goods and services that equal or exceed $25,000 and any subcontract award, the district will ensure the vendor is not suspended or debarred from participating in federal assistance programs.

6. Conflict of Interest

No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by federal funds if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated herein has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

No employee, officer, or agent of the district may solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Violation of these standards may result in disciplinary action including, but not limited to, suspension, dismissal, or removal.

 

D. Rejection of Bids

The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

 

E. Interlocal Cooperation Act

The board reserves the right to enter into interlocal cooperative agreements for purchases and public works with other governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW. The district will ensure that the other governmental entities have followed their own procedures for procurement prior to making any purchases under this section.

 

F. Crimes Against Children

The district will include in any contract for services with an entity or individual other than an employee of the district a provision requiring the contractor to prohibit any employee of the contractor from working at a public school who has contact with children at a public school during the course of his or her employment and who has pled guilty to or been convicted of any felony crime specified under RCW 28A.400.322. The contract shall also contain a provision that any failure to comply with this section shall be grounds for the district immediately terminating the contract.