6220 Policy – Bid Requirements

It is the intent of the Board of Directors to ensure that all Bellingham Public Schools procurement policies and contract agreements are in strict compliance with current state of Washington and/or federal regulations.  All individuals charged with committing district funds shall be knowledgeable of and responsible for said compliance.

The district is dedicated to procuring goods and services in a timely manner and at fair and reasonable prices, both through the formal bid process and through other normal procurement practices. The purchasing office is responsible for maintaining a continuous supply of goods and services necessary to support the operation of the district. The purchasing office is also responsible for initiating and maintaining effective and professional relationships with suppliers and shall serve as the channel through which requests regarding products and prices are handled.

The district will not discriminate against any supplier and will treat all suppliers equally, affording each an opportunity to submit bids and/or quotes for goods and services which they are qualified to supply.

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

A. Furniture, Supplies, or Equipment

  1. Procurement Using State Funds (Except Books)

Whenever the estimated cost of furniture, supplies or equipment (except books) will cost:

a. less than $40,000, no competitive bidding process is required to make the purchase;

b. between $40,000 and $75,000, the board will follow the informal competitive bidding process by requiring quotes from at least three different sources to be obtained in writing or by telephone and recorded for the public to review;

c. over $75,000, the board will follow the formal competitive bidding process by:

i. Providing notice of the call for formal bids by publication in at least one newspaper of general circulation in the district at least once each week for two consecutive weeks, of the intention to receive bids and that specifications and other information may be examined at the office of the board or any other officially designated location;

ii. Ensuring that the district takes steps to assure that when possible, the district will use small and minority businesses, women’s business enterprises and labor surplus firms;

iii. Providing the clear and definite plans and specifications for such work or purchases to those interested in submitting a bid;

iv. Requiring that bids be in writing;

v. Opening and reading bids in public on the date and in the place named in the notice; and

vi. Filing all bids for public inspection after opening.

 

  1. Exemption

The board may waive bid requirements for:

a. Purchases clearly and legitimately limited to a single source of supply;

b. Purchases involving special facilities or market conditions;

c. Purchases in the event of an emergency;

d. Purchases of insurance or bonds; and

e. 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.

 

  1. 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.

  1. Interlocal Cooperation Act

The board reserves the right to enter into interlocal cooperative agreements for purchases and public works with other governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW.

  1. 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 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

 

B. Public Works

Public work is defined as all work, construction, alteration, repair, or improvement, other than “ordinary maintenance,” utilizing public funds.

  1. Project less than $100,000

The board may make improvements or repairs to district property without following the formal competitive bidding process if the total cost of improvements or repairs does not exceed $100,000. Unless the contract is let using the small works roster process authorized by RCW 39.04.155 or under any other procedure described by school district.

  1. Project $100,000 to $300,000

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 in section 1(A)(3), unless the contract is let using the small works roster process authorized by RCW 39.04.155 or under any other procedure authorized for school districts.

  1. Project Exceeds $300,000

For any public works project estimated to exceed $300,000, formal bids shall be solicited through the formal competitive bidding process outlined in section 1(A)(3).  The small works roster may not be utilized on projects of more than $300,000.

C. Procurement Using Federal Funds

  1. Goods

When the district uses federal funds for procurement of goods (furniture, supplies, equipment, and books):

a. Less than $10,000, no quotes required. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.

b. Between $10,000 and $75,000 must be procured using price or rate quotations from three or more qualified sources.

c. Over $75,000 must be publicly solicited using sealed bids or requests for proposals.

  1. Services

When the district uses federal funds for procurement of services:

a. Less than $10,000, no quotes required. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.

b. Between $10,000 and $250,000 must be procured using price or rate quotations from a reasonable number of qualified sources.

c. Over $250,000 must be publicly solicited using sealed bids or requests for proposals.

 

  1. Noncompetitive Procurement

Noncompetitive procurement may be used only when one of the following four circumstances applies:

a. The item is only available from a single source;

b. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;

c. The awarding agency (e.g., OSPI) authorizes noncompetitive procurement in response to a written request from the district; or

d. After solicitation of a number of sources, competition is determined inadequate.

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

  1. 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.

  1. 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 their immediate family, their 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.

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.

Approved By: Greg Baker, Superintendent and Camille Diaz Hackler, School Board President
Adopted: 06/28/07;12/05/18
Previous Revisions: 02/12/09; 02/27/13; 08/21/14; 08/13/15
Signature Date: 02/27/19
Approved: Board Approved
Legal References: Content
 

RCW 28A.335.190 Advertising for Bids – Bid procedure – Telephone Solicitation, Limitations – Emergencies
RCW 28A.400.330 Crimes Against Children – Contractor Employees – Termination of Contract
RCW 39.04.155 Small Works Roster – Contract Award – Process
RCW 39.04.280 Competitive Bidding Requirements – Exemptions
RCW 39.30.060 Bids on public works — Identification, substitution of subcontractors
RCW 39.26.160 Bid Awards — Considerations — Requirements and criteria to be set forth — Negotiations — Use of enterprise vendor registration and bid notification system.
2 CFR 200.318 General Procurement Standards
34 CFR 80.36 Procurement
34 CFR 85 Debarred and Suspended
Chapter 39.34 RCW Interlocal Cooperation Act