Stevensville School District

NONINSTRUCTIONAL OPERATIONS 

Procurement Policy Using Federal Funds

The purpose of this Policy is to establish guidelines that meet or exceed the procurement requirements for purchases of good, services, and construction or repair projects when federal funds are being used in whole or in part to pay for the cost of the contract. The policy specifically applies to purchases using federal funds including but not limited to food service purchases.

This policy applies to contracts for purchases, services, and construction or repair work funded with federal financial assistance whether direct or reimbursed. The requirements of this Policy also apply to any subrecipient of the funds. All contracts paid for in whole or in part with federal funds shall be in writing.

All federally funded projects, loans, grants, and sub-grant, whether funded in part or wholly, are subject to the Uniform Administrative Requirements, Costs Principals, and Audit Requirements for federal awards codified at 2 C.F.R. Part 200 unless otherwise directed in writing by the federal agency or state pass-through agency that awards the funds.

No contract may be divided to bring the cost under bid threshold or to evade any requirements under this Policy or state and federal law.

Purchases:
• Purchases greater than $1 and less than $80,000:
o Any purchase greater than $1 and less than $50,000 will be handled in a fair and equitable manner consistent with district policy on purchasing as specified in accordance with Policy 7320.
o The District will obtain tow or more estimates when any purchase will cost more than $50,000 and less than eighty thousand ($80,000).
o The District may enter into a cooperative purchasing contract for procurement of supplies with one or more districts or a Cooperative Services Program. This allows the District to participate in cooperative purchasing group to purchases supplies through the group without bidding if the cooperative purchasing group has a publicly available master list of items available with pricing included and provides an opportunity at least twice yearly for any vendor, including a Montana vendor, to compete, based on a lowest responsible bidder standard.

• Purchase greater $80,000 will be handled in accordance with District Policy 7320.

Suspension and Debarment

The District will award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of the proposed procurement. All purchasing decisions shall be made in the best interest of the District and shall seek to obtain the maximum value for each dollar expended. When making a purchasing decision, the District shall consider such factors as (1) contractor integrity; (2) compliance with public policy; (3) record of past performance; and (4) financial and technical resources.

The Superintendent shall have the authority to suspend or debar a person/corporation, for cause, from consideration or award of further contracts.

The District shall no subcontract with or award subgrants to any person or company who is debarred or suspended for contract over $25,000, the district shall confirm that the vendor is not debarred or suspended by confirming such status.

Maintenance of Procurement Records
The District maintains records sufficient to detail the history of all procurements. These records include, but are not limited to, the following: rational for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price (including a cost or price analysis).

Bid Specifications:

The School District contracts will not be awarded to any potential vendors who write any of the bid specifications, the solicitation documents, or any of the contract language. The district must take care that any bids for services and supplies are written in the broadest possible terms to allow for participation by the largest number of potential vendors.

Identical bid specifications and/or request for proposals will be provided to all potential vendors.

Geographic Preference:

No Geographic Preference (advantage based on location) is allowed with federal funds except for documented Farm to School (Farm to Plate) efforts. Therefore, as part of Farm to School program, the District may choose to appl a geographic preference when procuring unprocessed locally grown or locally raised agricultural products only.

Standards of Conduct for District Employees:
• The District maintains the following code of conduct for any employees engaged in award and administration of contracts supported by Federal Funds:

• No District employee will engage in any procurement when there is a conflict of interest, real or perceived, and District employees cannot solicit or accept any gratuities, favors or anything of monetary value from prospective vendors. This shall not preclude district personnel from serving on boards or participating in organizations that support the districts need to obtain quality services and supplies.

• No District employee shall participate in selection, award or administration of a contract when any of the following persons have a financial interest in the firm selected for award:
o The employee
o Any member of his/her immediate family
o People with whom there is an intimate personal relationship
o An organization which employs or is about to employ any of the above

• The District would like all employees to behave with the utmost integrity and never be self-serving, be fair in all aspects of the procurement process, be alert to conflicts of interest, and avoid any compromising situations.

• Employees found to be in violation of this policy are subject to disciplinary action, up to and including termination.

Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms:

The School District will take all necessary affirmative steps to assure that minority businesses women’s business enterprises, and labor surplus area firms are used for projects and purchases covered by this policy, when possible under the circumstances governing or relating to the purchase or project. Affirmative steps shall include:

• Placing qualified small and minority businesses and women’s business enterprises on solicitation lists covered by this policy;
• Assuring that small and minority businesses, and women’s business enterprises are solicited for projects and purchases covered by this policy whenever they are potential sources;
• Dividing total requirements, when economically feasible and legally permissible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises for projects and purchases covered by this policy;
• Establishing delivery schedules, where the requirements and circumstances permit, which encourage participation by small and minority businesses, and women’s business enterprises for projects and purchases covered by this policy;
• Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority business Development Agency of the Department of Commerce for projects and purchases covered by this policy; and
• Requiring the prime contractor, if subcontractor, if subcontracts are to be let for a project or purchase covered by this policy, to take the affirmative steps listed in this section.

Cross Reference:
Policy 7320-Purchasing

Policy History:
Adopted on: August 9, 2022
Reviewed on: July 12, 2022
Revised on: August 9, 2022