CH(LOCAL) - PURCHASING AND ACQUISITION
The Board delegates to the Superintendent or purchasing director the authority to make budgeted purchases for goods or services. However, any single, budgeted purchase of goods or services that costs, in the aggregate, $75,000 or more, regardless of whether the goods or services are competitively purchased, shall require Board approval before a transaction may take place.
Renewal of contracts shall not require Board approval unless material changes occur after the initial approval. [See CH(REGULATION)]
The Board delegates to the Superintendent or purchasing director authority to accept or reject all bids and proposals for the purchase of food items.
A purchase utilizing an interlocal contract, or a cooperative or state purchasing program approved by the Board, shall be approved by the Superintendent or purchasing director.
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 or purchasing director the authority to determine the method of purchasing in accordance with CH(LEGAL) or CBB(LEGAL), as appropriate.
If competitive bidding is chosen as the purchasing method, the Superintendent or 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 Any bid may be withdrawn prior to the scheduled time for opening.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 or 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 Proposals may be withdrawn prior to the scheduled time of opening.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.
Unsealed Competitive Proposals
A request for proposals may also be used as a procurement option to generate an unsealed competitive proposal. In this instance, the District may open the proposal upon receipt and begin the negotiation process for the goods or services. Results of such negotiations shall be made public after the contract has been awarded.
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.
The Board authorizes the use of Oracle iSourcing to transmit and receive electronic bids and proposals.
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 or purchasing director in accordance with administrative procedures, including the District's purchasing procedures.
District employees shall not be permitted to make purchases for personal use through the District's business office.
Historically Under-Utilized Business Program
The Board supports a historically under-utilized business program that ensures that the District will promote and encourage the participation of minority-owned businesses, women-owned businesses, and small businesses in the purchasing of all goods and services, including all construction services. The Superintendent and/or staff shall implement a business program to ensure that small, women-owned, and minority businesses are informed of current and future purchasing activities and that goals of this program are achieved.
Nothing herein shall be construed to authorize or require expenditure of funds for goods and services apart from normal statutory purchasing processes.
For the purpose of this action plan:
"Small business" is defined as a concern that is independently owned and operated and that is not dominant in its field of operation. The business employs fewer than 50 employees and/or has less than $3 million in annual business volume from this local operation.
"Minority business" is a business concern that is at least 51 percent owned by one or more minority individual(s) or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more of the minority individual(s) and whose management and daily business operations are controlled by one or more of the minority individual(s) who own it. "Minority individuals" means residents of the United States who are members of the following groups: African Americans, Hispanics, American Indians, Asian Americans, Alaska natives, Pacific Islanders, and other individuals found to be economically and socially disadvantaged by the Small Business Administration under section (a) of the Small Business Act.
"Women business enterprise" means a business concern that follows the same guidelines as a minority business enterprise but that is owned by women.
"Certification." Any business wishing to be identified by the District as a small, women-owned, or minority business shall be certified as such by either the state of Texas or the North Central Texas Regional Certification Agency.