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Vista USD |  AR  3100  Business and Noninstructional Operations

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Budget Advisory Committee

PROCUREMENT PLAN FOR ALL DISTRICT PROGRAMS TO INCLUDE FEDERALLY FUNDED PROGRAMS (to included Child Nutrition Services, Special Education IDEA, Title Programs)

Procurement is the multistep process for acquiring the best possible goods and services at the lowest possible price. Vista Unified School District (District) will purchase items for use in the School Nutrition Programs (SNP) and in Federally funded programs in compliance with 2 CFR Part 200, State and District regulations, using the procedures outlined as follows and in the attached chart of procedures.

The primary purpose of this procurement plan is to ensure that open and free competition exists to the maximum extent possible. The Board believes that competition helps ensure that goods, equipment, and services will be obtained at the lowest possible cost. The procurement procedures used by the District will not unduly restrict or eliminate competition.

When making procurement decisions, the District will follow the subsequent four fundamentals principals:

1. Follow the Buy American provision.

2. Follow the more restrictive bid threshold, whether it be the federal, state or local threshold.

3. Ensure that full and open competition exists to the maximum extent possible.

4. Award contracts to the most responsible and responsive bidders.

Prior to beginning the procurement procedures outlined in this document, the District will:

1. Complete a needs assessment and an accurate forecast - to the best ability of the District.

2. Determine that the item(s) are necessary and does not duplicate items and/or bid(s) the District already has in place.

3. With equipment, the District will determine the most economical approach - lease vs. buy - prior to preparing a solicitation.

4. Determine the bid threshold in order to determine what method of procurement will be used for the goods or services

5. Develop specifications for products needed including details such as product descriptions and requirements for goods or services. Descriptions must not unduly restrict competition. The description must describe the minimum essential characteristics and standards the product must conform to.

6. Developing evaluation criteria if using a Request for Proposal (RFP) prior to releasing the bid document

7. All procurements will be handled by the Purchasing Department. No other Department is authorized to procure materials, goods, and services unless designated by the Assistant Superintendent, Business Services or designee.

PROCUREMENT OPTIONS:

Micro Purchase Procedures

Micro purchase process will be used to purchase goods and services that are needed on an emergency basis, for special or last minute catering events or for items needed only occasionally.

Micro purchasing procedures are used under the following conditions:

a. The aggregate value of the single transaction is under $3500.

b. The District considers the price to be reasonable.

c. The determination that the price is reasonable is documented and included in the procurement file (This file is located within the Purchasing Department). Prices found on the internet may be used to verify that the price the District is paying is reasonable.

d. Micro purchases are equally distributed among qualified suppliers. A qualified supplier for items picked up by District personnel at the supplier location will be defined as a supplier who will accept a District purchase order and be within five miles of the District headquarters. For emergency equipment repair, repair work will be distributed amongst those suppliers who are familiar with the brand of equipment the District uses and is authorized to work on that brand by the manufacturer and can respond within 24 hours.

Small Purchase Procedures

Small purchase procedures will be used to purchase goods, equipment, office supplies, and services where the aggregate cost is less than $88,300 and greater than $3,500.

When small purchase procedures are used, the following conditions must be met:

* The goods, equipment, or services to be purchased will be adequately and consistently described for each prospective supplier so that each one can provide price quotes on the same merchandise or service. These specifications may be either verbal or written. It is not necessary to send price quotes in writing, but it is the preferred method. Both written and verbal methods must be documented.

* Specifications/food descriptions must be sent by fax or e-mail or communicated by telephone or in person to an adequate number of suppliers. A list of potential suppliers will be developed, maintained, and added to throughout the course of the school year. During the summer, the District will solicit potential suppliers to determine their interest level in being added to the small purchase procurement list. The District will network with other appropriate personnel to obtain supplier contact information, as well as to obtain feedback regarding service and product quality. The list developed will be used to contact interested suppliers throughout the school year. Suppliers will be added to this list upon request. The list will be maintained by the Purchasing Department.

* Responses from suppliers may be in either the written or verbal form. Verbal quotes must be documented. The District's purchase documentation form and /or supplier contract form contained herein will be used for this purpose.

* Price quotation responses will be retained by the District in the Purchasing Department with other program documentation and records for a period of three years after the end of the fiscal year to which they pertain or until the findings of audits are resolved. The District will utilize its purchase documentation form and/or supplier contract form for this purpose.

Competitive Formal Procurement

EFC (1 of Competitive Formal procurement procedures - Information for Bid (IFB) or Request for Proposal (RFP) - will be used to purchase goods, equipment, and services where the aggregate cost is more than $88,300.

When competitive formal procurement procedures are used, the following conditions, stipulations, and terms must be met:

* The bid must be free of actions that might inhibit competition and allow the supplier adequate time to complete the bid.

* The bid must be advertised and include the general nature of the goods or services to be procured; method of procurement that will be used; how the supplier can obtain more information; and the due date for the responses to the bid. The bid must be publically advertised one week a part in a newspaper of general circulation per California PCC section 20112. The bid may also be advertised on the District website.

* Bids will be solicited from an adequate number of known suppliers in sufficient time prior to the date set for the opening of the bids. Bids will be mailed or emailed to those suppliers who have previously requested to do business with the District.

* The date that all addenda, changes, or answers to questions will be posted regarding the bid must be included in the original bid document as well as the website where the answers will be posted.

* The invitations for bid will clearly define the items or services needed in order for the bidders to be able to properly respond. This includes product specifications and general purchasing conditions.

* Suppliers wishing to bid on the contract may not assist the District in the development of the bid or the specifications for product/goods. This includes offering the services free of charge for the development of the specifications.

* The bid document must contain the following written requirement: "All rebates, discounts, and other applicable credits must be returned to the District".

* Any and all bids may be rejected when there is sound documented reasons rejecting is in the best interest of the District.

* Bid award will be based on low bid after verifying that the supplier with the low bid is responsive and responsible, meets the product specifications, and after performing a cost analysis.

* When using a Request for Proposal (RFP) in compliance with federal and state guidelines, the evaluation criteria must be included in the bid package and price must be the highest weighted factor. In addition to price, the evaluation criteria may include categories such as: Flavor & Quality, Past Performance, Minimums, Delivery Days and Times. A description of the Scoring System must be included in the RFP which will explain the scoring criteria for each category.

* During the evaluation phase, the evaluation criteria, other than price, must first be evaluated prior to evaluating price. There should be a committee of at least 2 persons who did not write the bid, evaluate the technical criteria of the RFP. The RFP is to be awarded to the most responsive, responsible supplier who submitted the lowest price as determined by the evaluation criteria.

* Responses from suppliers must be in writing; signed by the authorized authority to submit the bid, be returned in a sealed envelope on or before the date and time specified and to the place specified in the bid documents.

* Bids not received on time will be returned to the bidder unopened.

* Bid proposals will be retained by the District with other program documentation and records for a period of three years after the end of the fiscal year to which they pertain or until the findings of audits are resolved.

* The recommendation for bid award must be submitted to District's Board for the award of the bid.

* When the District chooses, purchases may be made through a cooperative agreement or piggybacking with other school districts when all legal procurement procedures are followed as required.

* For cooperative purchasing, District must maintain on file for the current year plus three additional years, a copy of the bid; proof of advertising; and bid award documents from the awarding District's Board.

* For piggybacking, District must obtain permission form the District awarding the bid and the supplier awarded the bid. A copy of the bid, including the piggyback clause, proof of advertising, and proof of award from the awarding District's Board must be kept on file for the current year plus three additional years.

Non-Competitive Proposal (Sole Source):

These types of proposals will be used only when procurement is not feasible under the small purchase procedures, sealed bid (formal advertising), or competitive proposals. The decision to use noncompetitive proposal will be justified in writing, approved by CDE, and be available for audit and review.

Circumstances under which procurement may be conducted by noncompetitive proposal will be limited to one of the following:

* The merchandise or service is available only from a single source. The Purchasing Department will provide documentation that the merchandise or service is not available from any other source.

* An emergency exists, and the urgency for the requirement will not permit the delay involved with sealed bids (formal advertising) or competitive proposal. Emergency conditions must be documented by the requesting Department.

* After solicitation from a number of sources, competition is found to be lacking.

CHART OF PROCEDURES

The District will purchase the following products or group of products and services as per the stated purchase period using the identified procurement method.

Price quote time frame period is defined as the time frame for which bids or quotes are obtained and awarded.

Product: Milk

Price Quote Time Frame: Annually- with 2 year renewal option

Procurement Method Used: Cooperative Competitive Sealed Bids (RFP)

Product: Bread

Price Quote Time Frame: Annually - with two year renewal option

Procurement Method Used: Cooperative Competitive Sealed Bids (RFP)

Product: Staples

Price Quote Time Frame: Annually - with two year renewal option

Procurement Method Used: Cooperative Competitive Sealed Bids (RFP)

Product: Fresh Produce

Price Quote Time Frame: Annually - with two year renewal option

Procurement Method Used: Cooperative Competitive Sealed Bids (RFP)

Product: Frozen Foods

Price Quote Time Frame: Annually- with two year renewal options

Procurement Method Used: Cooperative Competitive Sealed Bids (RFP)

Product: Pest Control

Price Quote Time Frame: Annually- with two year renewal option

Procurement Method Used: Small Purchase Procedure

Product: Processed Commodities

Price Quote Time Frame: Annually- with two year renewal option

Procurement Method Used: Cooperative Competitive Sealed Bids

Product: Paper products (disposables)

Price Quote Time Frame: Annually - with two year renewal option

Procurement Method Used

: Cooperative Competitive Sealed Bid (RFP)

Product: Snack Items

Price Quote Time Frame: Annually- with three year renewal option

Procurement Method Used: Cooperative Competitive Sealed Bid (RFP)

Product: Armored Services

Price Quote Time Frame: Annually - with four year renewal option

Procurement Method Used: Small Purchase Procedure

Product: Hood Cleaning and Fire Inspection

Price Quote Time Frame: Annually- with two year renewal option

Procurement Method Used: Small Purchase Procedure

Product: Chemicals

Price Quote Time Frame: Annually - with two year renewal option

Procurement Method Used: Small Purchase Procedure

Product: Small equipment

Price Quote Time Frame: As Needed

Procurement Method Used: Small Purchase Procedure

Product: Large equipment

Price Quote Time Frame: As Needed

Procurement Method Used: Small Purchase Procedure or Competitive Sealed Bids

Product: Vehicle Washing and Waxing

Price Quote Time Frame: Annually- with two year renewal option

Procurement Method Used: Small Purchase Procedure

Product: Office supplies

Price Quote Time Frame: As needed

Procurement Method Used: Small purchase procedure or cooperative bid

Product: Grease Interceptor Pumping

Price Quote Time Frame: Annually- with two year renewal option

Procurement Method Used: Small Purchase Procedure

Product: Supplies/Catering

Price Quote Time Frame: As needed

Procurement Method Used: Micro purchase

Product: Laundry

Price Quote Time Frame: Annually- with two year renewal option

Procurement Method Used: Small Purchase Procedure

Product: Services

Price Quote Time Frame: Annually-with two year renewal option

Procurement Method Used: Dependent upon level of Service to be provided

Product: Public Works

Price Quote Time Frame: As Needed

Procurement Method Used: Dependent upon dollar amount. Any amount over $1,000 will follow Labor Code Requirements. See Purchasing Overview Chart as Exhibit 1.

Product: Materials and Equipment not part of Child Nutrition Services, but Federally funded

Price Quote Time Frame: As needed or through Cooperative Competitive Sealed Bids such as NCEPC or appropriate supplier

Procurement Method Used: Dependent upon dollar amount of Transaction.

Advertised Bids

Whenever expenditures exceed the amount specified in Public Contract Code Section 20111 for the purchase of equipment, supplies, and certain services, the Chief Business Officer or designee shall call for bids by advertising in a local newspaper at least once a week for two weeks. Unless otherwise authorized by law, contracts shall be let to the lowest responsive bidder who shall give such security as the Board of Trustees requires, or else all bids shall be rejected. The Board reserves the right to reject all bids for any reason.

The District has adopted the California Uniform Public Construction Cost Accounting Act procedures under Public Contract Code Section 22000 ET SEQ. ("CUPCCAA). Accordingly, the acquisition of maintenance work and public projects, as both are defined under Public Contract Code Section 22002, shall comply with CUPCCAA's bidding procedures.

1. Formal bids for public projects and maintenance projects:

Public Projects and maintenance projects involving expenditures of more than $175,000, the current "formal bid limit" pursuant to CUPCCAA, shall be advertised and let by formal bidding procedures as required. Without further action, if the State of California revises this formal bid limit, the District shall comply with that new formal limit.

2. Informal bids for public projects and maintenance projects:

Public projects and maintenance projects involving expenditures of $45,000 to $175,000, the current "informal bid range" pursuant to CUPCCAA, shall be let by informal bidding procedures as required. Without further action if the State of California revises this informal bid range, the District shall comply with that new informal limit.

3. Public projects and maintenance projects less than the informal bid range:

Public projects and maintenance projects involving expenditures of less than $45,000 may be let by negotiated contract, by purchase order, or by force account. Without further action, if the State of California revises this minimum threshold, the District shall comply with that new minimum threshold. The District shall seek quotes, when feasible, for public projects and maintenance work involving an expenditure of $45,000 or less.

4. Discretion to reject bids:

In accordance with Public Contract Code section 22038, the District may reject any bids presented, if, prior to rejecting all bids and declaring that the project can be more economically performed by District employees, the District furnishes a written notice to an apparent low bidder. The notice shall inform the bidder of the District's intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the District intends to reject the bid. If after the first invitation of bids, all bids are rejected, after reevaluating its cost estimates of the project, the District may do either of the following:

a. Abandon the project or re-advertise for bids in the manner described by CUPCCAA.

b. By passage of a resolution by four-fifths vote of the governing board declaring that the project can be performed more economically by District employees, may have the project done by force account without further complying with this article.

When letting a contract for the procurement and/or maintenance of electronic data processing systems and supporting software, the Board may contract with any one of the three lowest responsible bidders.

The Board shall secure bids for any transportation service expenditure of more than $10,000 when contemplating that such a contract may be made with a person or corporation other than a common carrier, municipally-owned transit system, or a parent/guardian of students who are to be transported. The Board may let this contract to other than the lowest bidder.

The Board shall secure competitive bids for personal service contracts for non-instructional services when the justification for outsourcing personal services is based on cost savings as outlined in Education Code 45103.1.

Instructions and Procedures for Advertised Bids

Bid instructions and specifications shall include the following requirements and information:

1. All bidders, including bidders for printing contracts, may be requested to specify the minimum, if not exact, percentage of recycled product in the products offered, and both the post consumer and secondary waste content.

2. All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder's security:

a. Cash

b. Cashier's Check

c. Certified Check

d. Bidder's Bond executed by an admitted surety insurer.

3. The security of unsuccessful bidders shall be returned in a reasonable period of time in no event any later than 60 days after the bid is awarded.

4. Under no condition shall bids be accepted after the advertised bid opening time, regardless of whether the bids are actually opened at that time.

5. When two or more identical bids are received, the Board may determine by lot which bid shall be accepted.

6. Any subsequent change or alteration of a contract shall be governed by the provisions of Public Contract Code 20118.4.

7. After being opened, all advertised bids shall be made available for review by all interested parties in the Business Services or Purchasing Departments. Bids will not be removed by interested parties from the department maintaining the records.

Supplementary textbooks, library books, periodicals, educational films, audiovisual materials, text materials, workbooks, and instructional computer software packages may be purchased without advertised bidding.

The district may, upon a case-by-case determination of the Board, purchase, lease, or contract for equipment and supplies through a public corporation without advertised bids to the extent permitted by state law.

Perishable commodities such as foodstuffs can be purchased through bid or on the open market, depending on district preference. In its purchases, the district shall give preference to products grown, manufactured, or produced in California and to foods grown or processed in the United States.

Professional services, personal services, and advisory services as outlined in Government Code 53060 are exempt from competitive bids unless the contracts meet the criteria outlined in Education Code 45103.1. If the justification to provide the services is based on cost savings, then the district will be required to competitively bid for the services regardless of the contract amount.

Prequalification

For any contract for which bids are legally required, the Board may require that each prospective bidder complete and submit a standardized questionnaire and financial statement. For this purpose, the Chief Business Officer or the Director of Purchasing shall supply a form, which includes a complete statement of the bidder's financial ability and experience in performing public works. The questionnaire and financial statement shall be verified as prescribed by law. The questionnaires and financial statements shall not be public records and shall not be open to public inspection.

The Chief Business Officer or the Director of Purchasing shall establish a uniform system for rating bidders on the basis of completed questionnaires and financial statements in order to determine the size of contracts on which each bidder is qualified to bid.

The Chief Business Officer or the Director of Purchasing shall furnish each approved qualified bidder with a standardized bid/proposal form. Bids not presented on the standard form shall be disregarded.

Regulations Relative to the Bidding Activity

1. The Purchasing Department shall periodically estimate requirements of standard items or classes of items and make quantity purchases, thereby effecting economics.

2. Bid instructions and specifications should be clear and complete, setting forth all necessary conditions conductive to competitive bidding.

3. The Purchasing Department shall seek bids from those sources able to offer the best prices, consistent with quality, delivery, and service.

4. Competitive Pricing/Bidding:

Whenever practical, competitive quotes/bids from qualified suppliers handling the same or similar product will be secured. The Director of Purchasing may choose to bid any item that lends itself to competitive bidding/pricing.

Individual sites/departments may, for their own information, wish to secure inquiry pricing information on items they intend to purchase; however, it must be understood that these price quotations may not be usable at the time of purchase due to time lapse, quantity changes, or incomplete information. Pricing quotations obtained by individual sites and departments are not binding on the district or the purchasing department. Requisitioners should allow sufficient time for the Purchasing staff to obtain quotes/bids, place the order, and receive shipment.

Competitive pricing/bids will be secured in accordance with the following guidelines:

Supplies, Equipment, and Services:

$ - $5,000 Pricing/quotations will not normally be solicited unless the items are of a price volatile nature, such as office supplies, software, and others.

$ - $3,500 Exception: Federally Funded Programs, purchasing staff will solicit at least 3 quotes in writing.

$5,000 - up The Purchasing staff will solicit at least three quotes in writing.

$88,300 Formal bidding including advertising and Board award of contracts as required under Public Contract Code 20111. Projects cannot be split into smaller orders to avoid bidding (Public Contract Code 20116) this amount is annually updated by the Superintendent of Public Instruction on January 1 of each year. Without further action, if the State of California revises the formal bid limit, the District shall comply with that new formal bid limit.

5. Legal formal bids are required for:

Public Works/Services (each Public Works project/services) over $45,000 (California Uniform Public Construction Cost Accounting Act procedures under Public Contract Code Section 22000 ET SEQ. ("CUPCCAA").

Supplies, equipment, and materials legal limit as prescribed by Public Contract Code 20111.

Formal Bidding Procedures

Formal bids will be requested in all cases required by law and will be accomplished as follows:

1. A notice inviting sealed bids shall be published at least twice in a newspaper of general circulation in the District and shall contain the time and place of opening of bids. Bids shall also be sought from those sources able to offer the best prices, consistent with quality, delivery, and service.

2. Bids will be opened by the Chief Business Officer or designee in advance of Board meetings to permit time for tabulating and evaluating the bids to make recommendations for Board acceptance, at least five days prior to the meeting date. The bid results will be provided to all companies participating in bid process within three working days after bids are opened. Bid documents will not be removed from either the Business Services or Purchasing Departments.

3. Bids will be received at the prescribed time and place indicated in the Notice to Bidders. No bid may be accepted after said advertised time unless bid opening time and place are changed through an authorized issued addendum. All authorized issued addenda will be issued no later than 72 hours prior to advertise bid opening date.

4. Bids will then be returned to the designated office at the prescribed time and place indicated on the Notice to Bidders for opening and evaluation. Review of submitted bids by interested parties will be allowed after issuance of bid results. Appointments will be made with the appropriate department, to review the documents.

5. Construction bids are advertised and opened in the same manner. However, the construction contract documents approved by the District's legal counsel are the bid documents used for all construction requiring bids.

6. Formal Bid Review/Protest Procedure

a. Any actual or prospective bidder may protest a bid award if he/she believes the award is not in compliance with the law, does not follow bid procedures, or does not meet bid specifications. A protest must be filed with the Assistant Superintendent of Business Services. Such protests must be made in writing and received by the Assistant Superintendent of Business Services within five working days of bid award date and shall include all documents supporting or justifying the protest. The protesting party must mail or deliver copies of the protest to the District. A bidder's failure to file the protest documents in a timely manner shall constitute a waiver of his/her right to protest the award of the contract.

b. In the event of a timely protest, the District shall not proceed further with the solicitation or award of the contract until the protest is resolved.

c. The Assistant Superintendent of Business Services shall review the documents submitted with the bidder's claims and render a decision in writing within 30 working days. The Assistant Superintendent of Business Services may also convene a meeting with the bidder in order to attempt to resolve the problem.

d. If the bidder is not satisfied with the Assistant Superintendent of Business Services' decision, the bidder may appeal to the District's Board. The District shall provide notice to the bidder the date and time for the Board consideration of the protest at least three business days before the Board meeting. The Board's decision shall be final.

e. A Formal protest must be sworn and contain:

(1) A specific identification of the statutory or regulatory provision that the protesting party alleges has been violated.

(2) A specific description of each action by the District that the protesting party alleges to be a violation of the statutory or regulatory provision that the protesting party has identified.

(3) A precise statement of the relevant facts.

(4) A statement of any issues of law or fact that the protesting party contends must be resolved.

(5) A statement of the argument and authorities that the protesting party offers in support of the protest.

(6) A statement that copies of the protest have been mailed or delivered to the Assistant Superintendent of Business and all other identifiable interested parties.

f. The District may settle and resolve the dispute over the solicitation or award of a contract at any time before the matter is submitted on appeal. The District may solicit written responses to the protest from other interested parties.

g. If the protest is not resolved by mutual agreement, the District shall issue a written determination that resolves the protest.

(1) If the District determines that no violation of statutory or regulatory provisions has occurred, then the District shall inform the protesting party and other interested parties by letter that sets forth the reasons for the determination.

(2) If the District determines that a violation of any statutory or regulatory provisions has occurred in a situation in which a contract has not been awarded, then the District shall inform the protesting party and other interested parties of that determination by letter that details the reasons for the determination and the appropriate remedy.

(3) If the District determines that a violation of any statutory or regulatory provisions has occurred in a situation in which a contract has been awarded, then the District shall inform the protesting party and other interested parties of that determination by letter that details the reasons for the determination. This letter may include an order that declares the contract void.

h. The District shall maintain all documentation on the purchasing process that is the subject or a protest or appeal in accordance with the District's record retention schedule.

Brand Name or equivalents

1. When a brand name and code is used in the product description, the description will always include an "or equal" clause

2. The District will provide a copy of the specified brand/code upon request so suppliers may verify the product they are bidding is actually an equal. It is the supplier's responsibility to request the information.

3. Suppliers bidding an item as "equal" product may be required to furnish to District a product specification sheet and sample case for testing and verification as an "or equal" product.

Alternative Bid Procedures for Technological Supplies and Equipment

Upon a finding by the Board that a particular procurement qualifies for the alternative procedure, the District may acquire computers, software, telecommunications equipment, microwave equipment, and other related electronic equipment and apparatus through competitive negotiation. This procedure shall not apply to contracts for construction or for the procurement of any product that is available in substantial quantities to the general public. (Public Contract Code 20118.2)

The competitive negotiation shall include, but not be limited to, the following requirements: (Public Contract Code 20118.1)

1. The Chief Business Officer or designee shall prepare a request for proposals (RFP) that shall be submitted to an adequate number of qualified sources, as determined by the District, to permit reasonable competition consistent with the nature and requirement of the procurement.

2. Notice of the RFP shall be published at least twice in a newspaper of general circulation, at least 10 days before the date for receipt of the proposals.

3. The District shall make every effort to generate the maximum feasible number of proposals from qualified sources and shall make a finding to that effect before proceeding to negotiate if only a single response to the RFP is received.

4. The RFP shall identify all significant evaluation factors, including price, and their relative importance.

5. The District shall provide reasonable procedures for the technical evaluation of the RFPs received, the identification of qualified sources, and the selection for the award of the contract.

6. An award shall be made to the qualified bidder whose proposal meets the evaluation standards and will be most advantageous to the District with price and all other factors considered.

7. If an award is not made to the bidder whose proposal contains the lowest price, then the District shall make a finding setting forth the basis for the award.

8. The District, at its discretion, may reject all proposals and request new RFPs.

Rights of the Board Concerning Bids

The Board shall reserve the right to reject any and all bids and waive any irregularities or informalities in any bid or in the bidding.

The Board also reserves the right to enter into a continuing contract with an accepted supplier as per Education Code 17596 which states, "Continuing contracts for work to be done, services to be performed, or for any apparatus or equipment to be furnished, sold, built, leased, installed, or repaired for the District, or for materials or supplies to be furnished or sold to the District may be made with an accepted supplier or lessor as follows: for work or service, or for apparatus or equipment, not to exceed five years; for materials or supplies not to exceed three years."

Bids Not Required

Without advertising for bids and upon a determination that it is in the best interest of the District, the Board may authorize, by contract, lease, requisition, or purchase order, another public corporation or agency to lease data-processing equipment or to purchase materials, supplies, equipment, automotive vehicles, tractors, and other personal property for the District in the manner that the other public corporation or agency is authorized to make the leases or purchases from a supplier ("piggyback"). (Public Contract Code 20118)

Alternatively, if there is an existing contract between a public corporation or agency and a supplier for the lease or purchase of personal property, the District may authorize the lease or purchase of personal property directly from the supplier by contract, lease, requisition, or purchase order and make payment to the supplier under the same terms that are available to the public corporation or agency under the contract. (Public Contract Code 20118)

Supplementary textbooks, library books, educational films, audiovisual materials, test materials, workbooks, instructional computer software packages, or periodicals may be purchased in any amount without taking estimates or advertising for bids. (Public Contract Code 20118.3)

Perishable commodities, such as foodstuffs, needed in the operations of cafeterias may be purchased through bid or on the open market. (Education Code 38083)

In an emergency when any repairs, alterations, work, or improvement to any school facility is necessary to permit the continuance of existing school classes or to avoid danger to life or property, the Board may, by unanimous vote and with the approval of the County Superintendent of Schools, contract for labor and materials or supplies without advertising for or inviting bids or may authorize the use of day labor or force account for the emergency purpose. (Public Contract Code 20113)

Contract Management

Suppliers will be monitored to ensure compliance with contract requirements. This can include:

1. PRODUCT INSPECTION: All items are subject to the inspection by the District. Defective items must be made good by the successful supplier, and unsuitable items may be rejected. Any item found to be defective must be corrected to District's satisfaction prior to payment.

2. RIGHT TO AUDIT: For contracts with fixed cost plus delivery fee, District shall audit a minimum of 10 awarded items at a minimum of twice yearly to verify supplier is charging the correct fixed pricing.

3. PRICING DISCREPANCY PENALTY: District shall verify all pricing on invoices with awarded bid pricing prior to payment. Should supplier overcharge District for any item, the District will request full reimbursement for the overcharge. The second time the supplier is notified of the overcharge, the District will access an additional two hundred percent (200%) penalty.

Contractor involvement (Conflict of Interest)

Potential suppliers may not be allowed to assist the District in developing the specifications, bid documents or contracts if they will be bidding on the specified item and/or project.

When possible, small and minority businesses, Women's business enterprises and labor surplus area firms maybe given preference if outlined in board policy.

Successful bidders must certify that they practice equal employment opportunity and that they do not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The successful bidder shall take affirmative actions to insure that applicants are employed, and that employees are treated fairly during their employment, without regard to their race, religion, color, sex or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, lay-off, termination; rates of pay or other form of compensation; and selection for training, including apprenticeship.

The District will require the successful bidder to provide proof of having and maintaining during the life of any contract with the District, Public Liability and Property Damage Insurance to protect themselves and the District from all claims for personal injury, including accidental death, as well as from all claims for Property Damage arising from the operations of any contract the District enters into. The minimum amounts of such insurance shall be:

* Bodily Injury and Accidental Death Liability Insurance including auto (both owned and non-owned): Not Less Than $1,000,000/$1,000,000 Aggregate

* Property Damage Liability Insurance including auto (both owned and non-owned): Not Less Than $1,000,000 Aggregate.

* Insurance certificate must name the District as additional insured.

* Certificate to be submitted by successful proposer to the District prior to start of deliveries.

The District will not enter into a contract with any company or individual that has been debarred or suspended.

Suppliers awarded contracts are required to submit a completed Affidavit of Noncollusion, Debarment and Suspension Certificate, Certification of Lobbying, and Disclosure of Lobbying activities (Federal Programs Only). These forms will be included in the proposal package and must be completed prior to commencement of work.

Sole Sourcing

Specifications for contracts for construction, alteration, or repair of school facilities may not limit bidding, either directly or indirectly, to any one specific concern. Specifications designating a specific material, product, thing, or particular brand name shall follow the description with the words "or equal" so that bidders may furnish any equal material, product, thing, or service. (Public Contract Code 3400)

However, specifications for such contracts may designate a product by brand or trade name (sole sourcing) if the Board has made a finding, described in the Invitation for Bids or Request for Proposals (RFP), that a particular material, product, thing, or service is designated for any of the following purposes: (Public Contract Code 3400)

1. To conduct a field test or experiment to determine its suitability for future use

2. To match others in use on a particular public improvement that has been completed or is in the course of completion

3. To obtain a necessary item that is only available from one source

4. To respond to the Board's declaration of an emergency, as long as the declaration has been approved by four-fifths of the Board when issuing the Invitation for Bid or RFP.

Regulation VISTA UNIFIED SCHOOL DISTRICT

approved: September 9, 2010 Vista, California

revised: November 30, 2015

revised: January 4, 2017