School District Purchasing

Purchasing Authority Arizona Statutes Arizona Statutes Arizona Administrative Code Arizona Administrative Code  Primary source for the “school district procurement code”  Bids, sole source, emergencies USFR – for purchases under bid threshold USFR – for purchases under bid threshold Governing Board policies & regulations Governing Board policies & regulations District procedures District procedures

Bid Thresholds Under 5,000 - no formal competition, use catalog, past experience Under 5,000 - no formal competition, use catalog, past experience 5,000 to 15,000 – 3 verbal quotes 5,000 to 15,000 – 3 verbal quotes 15,000 to 32,899 – 3 written quotes (RFQ) 15,000 to 32,899 – 3 written quotes (RFQ) Over 32, 899 – formal solicitations (RFP, IFB) Over 32, 899 – formal solicitations (RFP, IFB) Bid threshold adjusted annually by DOE Bid threshold adjusted annually by DOE

Types of Purchases Over Bid Threshold To Governing Board Sole Source (Copyrighted, patented) Sole Source (Copyrighted, patented) Emergency (To protect health, safety of student or employees or to protect equip) Emergency (To protect health, safety of student or employees or to protect equip) Existing Cooperatives Existing Cooperatives  State of Arizona, Mohave, GPPCS, US Communities, TCPN, SAVE Formal Solicitations (RFP or IFB) Formal Solicitations (RFP or IFB)

Formal Solicitations Invitation for Bids Invitation for Bids  Use for easily specified equipment  Awarded to low bidder  Little to evaluate Request for Proposals Request for Proposals  Use when there are alternative methods or solutions to achieve results  Awarded to the most advantageous offer, i.e. the best solution  May be awarded to offers at higher costs  Requires evaluation and scoring

Formal Solicitation Procedures Generally same for IFB or RFP; method for award is difference Generally same for IFB or RFP; method for award is difference Approval for issuance obtained Approval for issuance obtained Scope of work created Scope of work created  Previous solicitations  Samples from other districts or public entities  Drafting thru committee  Consultants  Medical insurance or other complex

Formal Solicitation Procedures Insert terms and conditions and boilerplate Insert terms and conditions and boilerplate Send to registered bidders (bidders list) Send to registered bidders (bidders list)  Other potential bidders as recommended by users, other districts, consultants Out for bid for 14 days or more Out for bid for 14 days or more Specified time and date for public opening Specified time and date for public opening  IFB name and prices are read publicly  RFP only name is read.  All other information is confidential until award

Formal Solicitation Procedures Bids/offers are checked for responsiveness Bids/offers are checked for responsiveness  Everything included and signed, bids on time, samples included, bid bonds, licenses IFBs checked for low bidder IFBs checked for low bidder  User asked to check if product bid meets the minimum specifications RFP given to committee for evaluation RFP given to committee for evaluation  Committee of one or more persons  Construction and A&E have additional requirements - registered architect, number of members

Evaluation Committee Chaired by department head or designee Chaired by department head or designee Using department recommends members Using department recommends members  Conflict of Interest Evaluation criteria jointly decided between using department and purchasing department Evaluation criteria jointly decided between using department and purchasing department Code states all “information contained in the proposals shall be confidential as to avoid disclosure... during the process of negotiation” Code states all “information contained in the proposals shall be confidential as to avoid disclosure... during the process of negotiation”

Board Award What is being purchased What is being purchased Who bid Who bid  When opened, number of vendors notified, number of vendors responding Best Price/Quality Best Price/Quality List of Committee Members List of Committee Members Evaluation Criteria used Evaluation Criteria used

Formal Solicitation Award Legal review of additional contracts and agreements Legal review of additional contracts and agreements Offer and Acceptance is signed, purchase order cut, notifications to unsuccessful sent, paper organized, file Offer and Acceptance is signed, purchase order cut, notifications to unsuccessful sent, paper organized, file After award, all information is public After award, all information is public

Protests Vendor may file protest with District representative (Director of Purchasing Services) Vendor may file protest with District representative (Director of Purchasing Services) District has 14 days to respond District has 14 days to respond All offerors are notified of protest All offerors are notified of protest District response made District response made Options – cancel contract, continue award, re- bid, reject protest, other Options – cancel contract, continue award, re- bid, reject protest, other Certified letter response sent. Certified letter response sent. Vendor may appeal to Governing Board Vendor may appeal to Governing Board

Protest Appeal Must be filed within 10 days to District representative Must be filed within 10 days to District representative Must set forth the information required for bid protest; Must set forth the information required for bid protest; Must articulate the precise factual or legal error in the decision of the District Representative. Must articulate the precise factual or legal error in the decision of the District Representative. District Representative notify Governing Board and other parties within 3 days District Representative notify Governing Board and other parties within 3 days

Protests Appeal District to provide hearing officer District to provide hearing officer District to provide response to appeal to hearing officer within 7 days District to provide response to appeal to hearing officer within 7 days Case is heard IAW R Case is heard IAW R Governing Board sustains or rejects appeal. Governing Board sustains or rejects appeal.

Post Award Post award conference Post award conference Administration Administration  Period reviews with users and vendor  Price increases/decreases, product changes  Business change of name or ownership Annual renewals Annual renewals

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