CH(LOCAL) - PURCHASING AND ACQUISITION
The Board delegates to the Superintendent, deputy superintendent, chief financial officer, and purchasing director the authority to make budgeted purchases for goods or services.
The Superintendent shall develop purchasing procedures to implement the requirements of state and federal law. [See also CB, CBB, CH(LEGAL), and COA]
The Board delegates to the Superintendent, deputy superintendent, chief financial officer, and purchasing director the authority to determine the method of purchasing in accordance with CH(LEGAL) or CBB(LEGAL), as appropriate, and the authority to negotiate and execute contracts.
Execution of Contracts
No employee other than the Superintendent, deputy superintendent, chief financial officer, and purchasing director shall be authorized to sign contracts that obligate the District. Renewals of contracts/agreements do not require Board approval if they were previously approved by the Board, Superintendent, or designee and the renewal option was included in the initial approved contract or if they are specifically allowed extensions per TEA. The Superintendent shall approve any renewals within the option period that result in a price increase.
Competitive Procurement Requirements
All District contracts with a single amount of $100,000 or more shall be approved by the Board. All other contracts will be approved by the chief financial officer or purchasing director and the contract amounts may exceed the threshold of $100,000 in an aggregate year. All District contracts for the purchase of goods and services, except for contracts for the purchase of produce or vehicle fuel, valued at $50,000 or more in the aggregate for each 12-month period, shall be made by the method that provides the best value for the District:
- Competitive bidding for services other than construction services.
- Competitive sealed proposals for services other than construction services.
- A request for proposals for services other than construction services.
- A Board–approved interlocal contract.
If competitive bidding is chosen as the purchasing method, the Superintendent, deputy superintendent, chief financial officer, and purchasing director shall prepare bid specifications. All bids shall be in accordance with administrative regulations, and the submission of any electronic bids shall also be in accordance with Board-adopted rules. All bidders shall be invited to attend the bid opening. Any bid may be withdrawn prior to the scheduled time for opening. Bids received after the specified time shall not be considered.
The District may reject any and all bids in accordance with state or federal law, as applicable.
Competitive Sealed Proposals
If competitive sealed proposals are chosen as the purchasing method, the Superintendent, deputy superintendent, chief financial officer, and purchasing director shall prepare the request for proposals and/or specifications for items to be purchased. All proposals shall be in accordance with administrative regulations, and the submission of any electronic proposals shall also be in accordance with Board-adopted rules. Proposals received after the specified time shall not be considered. Proposals shall be opened at the time specified, and all proposers shall be invited to attend the proposal opening. Proposals may be withdrawn prior to the scheduled time of opening. Changes in the content of a proposal, and in prices, may be negotiated after proposals are opened.
The District may reject any and all proposals in accordance with state or federal law, as applicable.
Electronic Bids or Proposals
Bids or proposals that the District has chosen to accept through electronic transmission shall be administered in accordance with Board-adopted rules. Such rules shall safeguard the integrity of the competitive procurement process; ensure the identification, security, and confidentiality of electronic bids or proposals; and ensure that the electronic bids or proposals remain effectively unopened until the proper time.
Responsibility for Debts
The Board shall assume responsibility for debts incurred in the name of the District so long as those debts are for purchases made in accordance with the adopted budget, state law, Board policy, and the District's purchasing procedures. [See CE] The Board shall not be responsible for debts incurred by persons or organizations not directly under Board control. Persons making unauthorized purchases shall assume full responsibility for all such debts.
All purchase commitments shall be made by the Superintendent, deputy superintendent, chief financial officer, and purchasing director in accordance with administrative procedures, including the District's purchasing procedures.
Purchases Using Federal Funds
All purchases for services and goods using federal funds must be in compliance with the Code of Federal Regulations 200.320, Methods of Procurement.
Designated employees of the District shall be authorized to use District purchasing cards for District business purposes as set forth by the program administrators. Cardholders shall not use the cards for any purchase that circumvents or bypasses appropriate bid laws of the state and must conform to District purchasing policies and procedures.
The purchasing card shall be used for District business purposes only and not for personal use. Unauthorized use of the purchasing card or fraud shall result in disciplinary actions against the cardholder or user and may result in appropriate disciplinary actions and/or termination of the employee. [See DH]
District employees shall not be permitted to make purchases for personal use through reimbursement to the District's business office.
Annual Policy Review
The chief financial officer shall be responsible for reviewing the District's purchasing policy and procedures each year and recommend any policy changes to the Superintendent and the Board.