Policy%206220%20UPDATES.pdf

Parent document: Board Meeting-09-23-2024.pdf

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SCHOOLS

B. Use of Non-Federal Funds for Improvements or Repairs

The board may make improvements or repairs to district property through a district department without following the
competitive bidding process if the total cost of improvements or repairs does not exceed $75,000. If the board
estimates that the total cost of a building, improvement, repair, or other public works project is $100,000 or more, the
board will follow the formal competitive bidding process outlined above, unless the contract is let using the small works
roster process authorized by RCW 39.04.455-151 through 39.04.154 or under any other procedure authorized for
school districts. There are no statutory bidding requirements for public works projects involving improvements or
repairs that are within the $/5,600+e-$4100-000-+ange under $100,000. For projects in this range, the district may
consider any of these options: using its small works roster process, under RCW 39,04.455-151 through 39.04.154,
using an inter-local agreement or contract with a vendor of the district’s choice, without any competitive process, under
RCW 28A.335.190; or choosing to require quotes for the work to make the process more competitive.



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The board, when contracting for construction-related professional and personal services, shall
include in bid documents language that encourages participation by minority or women-owned

management services, value engineering services, and building commissioning services.

D. Exemptions
The board may waive bid requirements for purchases:
e clearly and legitimately limited to a single source of supply;
e involving special facilities or market conditions;
e inthe event of an emergency;
e of insurance or bonds; and
e involving public works in the event of an emergency.

"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 board waives bid requirements, the board will issue a document explaining the factual basis for the
exception and record the contract for open public inspection.

E. 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.

cooperative purchasing agreements with other governmental entities or groups of governmental
entities. These agreements may allow the district to purchase items using_an existing agreement

governmental entity to ensure the following requirements are met:

1. The governmental entity conducted its own procurement process relating to the contract under
consideration.

2. The awarding entity must have posted the bid notice on a website maintained by a public

web portal.
. The contract contains language that it is open for use by other entities and is not expired.

NO

4. Any cooperative agreement for public works projects contains the same specifications and the

place on the part of the district.

G. Crimes Against Children

The board 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

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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.

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

II. Procurement Using Federal Funds
A. Goods
When the district uses federal funds for procurement of goods (furniture, supplies, equipment, and textbooks):
e Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable,
and, to the extent practical, distribute purchases equitably among suppliers.
e Purchases between $10,000 and $75,000 must be procured using price or rate quotations from three or more
qualified sources.
e Purchases of $75,000 or more must be publicly solicited using sealed bids or requests for proposals.

B. Services
When the district uses federal funds for procurement of services:
e Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable,
and, to the extent practical, distribute purchases equitably among suppliers.
e Purchases between $10,000 and $250,000 must be procured using price or rate quotations from a reasonable
number of qualified sources.
e Purchases of $250,000 or more must be publicly solicited using sealed bids or requests for proposals.

C. Noncompetitive Procurement
Noncompetitive procurement may be used only when one of the following four circumstances applies:
e The item is only available from a single source;
e The public exigency or emergency for the requirement will not permit a delay resulting from competitive
solicitation;
e The awarding agency (e.g., OSPI) authorizes noncompetitive procurement in response to a written request from
the district; or
e After solicitation of a number of sources, competition is determined inadequate.

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

D. Cost/Price Analysis

The district will perform a cost or price analysis in connections 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’s investment, the amount of
subcontracting, the quality of the contractor’s 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.

D. 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.

E. 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 his or her immediate family, his or her 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.

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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.

cooperative purchasing agreements with other governmental entities or groups of governmental

entities. These agreements may allow the district to purchase items using an existing agreement
without going through the standard procurement bid requirements.

governmental entity to ensure the following requirements are met:
1. The governmental entity conducted its own procurement process relating to the contract under
consideration.
1. The awarding entity must maintain adequate documentation on the procurement process
for the contract under consideration.
2. The awarding entity must have posted the bid notice on a website maintained by a public

web portal.
3. The contracting agency must ensure that it met any procurement requirements laid out in

2 CFR §200.317 - 200.327.

. The contract contains language that it is open for use by other entities and is not expired.

Ny

district.

5. Ensure the cost is reasonable based on a cost/price analysis.

6. The district must verify that the awarding entity is neither suspended nor debarred from

7. The district must also verify that the contract contains all contract provisions described in 2
CFR §200.327 and Appendix II to Part 200.

utilize their contract. The contract must be signed by both parties prior to any procurement taking
place on the part of the district.

III. Procedures
The superintendent or designee will establish bidding and contract awarding procedures consistent with state and
federal law.

RCW 28A.335.190 Advertising for bids — Competitive bid procedures —
Legal References: Purchases from inmate work programs — Telephone or written quotation
solicitation, limitations — Emergencies

RCW 28A.400.330 Crimes against children — Contractor employees —
Termination of contract

RCW 39.04.155 Small works roster contract procedures — Limited public
works process Definition

RCW 39.04.280 Competitive bidding requirements — Exemptions

RCW 39.26.160 Bid Awards - Considerations - Requirements and criteria to be
set forth - Negotiations - Use of enterprise vendor registrations and bid
notification system

RCW 39.30.060 Bids on public works — Identification, substitution of
contractors

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Chapter. 39.34 RCW Interlocal Cooperation Act

2 CFR Part 200—Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards

2 CFR 200.67 Micro-purchase

2 CFR 200.88 Simplified Acquisition Threshold

2 CFR 200.318 - General Procurement Standards

2 CFR 200.320 Methods of Procurement to be Followed

2 CFR 3485 Nonprocurement Debarment and Suspension
2 CFR 200.520 Criteria for a low-risk auditee

2 CRF 200.324 Contract Cost and Price

2021 - December Issue
2020 - December Issue
2019 - January Policy Alert
2018 - August Issue

2017 - July Issue

2016 - March Issue

2015 - October Policy Issue
2015 - June Policy Issue
2013 - June Issue

2012 - April Issue

2011 - February Issue

Management Resources:

Policy News, October 2005 Competitive Bid Process Changes
Policy News, June 2001 Legislation Further Simplifies Bid Compliance

Classification: ESSENTIAL

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