The board of directors recognizes the importance of:

• maximizing the use of district resources;
• the need for sound business practices in spending public money;
• the requirement of complying with state and federal laws governing purchasing;
• the importance of standardized purchasing regulations; and
• the need for clear documentation.

I. Procurement and Public Works Using State Funds

A.  Furniture, Supplies, or Equipment
Whenever the estimated cost of furniture, supplies, or equipment (except books) will cost:

• less than $40,000, no competitive bidding process is required to make the purchase;
• 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.
• over $75,000, the board will follow the formal competitive bidding process by:

1. preparing clear and definite plans and specifications for such purchases;
2. 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;
3. providing the clear and definite plans and specifications to those interested in submitting a bid;
4. requiring that bids be in writing;
5. opening and reading bids in public on the date and in the place named in the notice; and
6. filing all bids for public inspection after opening.

B.  Exemptions
The board may waive bid requirements for purchases:

• clearly and legitimately limited to a single source of supply;
• involving special facilities or market conditions;
• in the event of an emergency;
• of insurance or bonds; and
• 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.

C.  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.

D.  Interlocal Cooperation Act
The board reserves the right to enter into inter-local cooperative agreements for purchase and public works with other governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW. 

E.  Crimes Against Children
The board will include in each contract a provision requiring the contractor to prohibit any of its employees who has ever been convicted of or pled guilty to any of the child-related felonies from working where they would have contact with public school students. The contract will also provide that failure to comply with this requirement is grounds for immediate termination of the contract.

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

F.  Use of State 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 39.04.155 or under any other procedure authorized for school districts.  

II.  Procurement Using Federal Funds 

A.  Furniture, Supplies, Equipment or Textbooks
When the district uses federal funds for procurement of goods (furniture, supplies, equipment, and textbooks):

• 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.
• Purchases between $10,000 and $75,000 must be procured using price or rate quotations from three or more qualified sources.
• 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:

• 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.
• Purchases between $10,000 and $250,000 must be procured using price or rate quotations from a reasonable number of qualified sources.
• Purchases of $250,000 or more must be publicly solicited using sealed bids.

C.  Non Competitive Procurement
Noncompetitive procurement may be used only when one of the following four circumstances applies:

• The item is only available from a single source;
• The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
• The awarding agency (e.g., OSPI) authorizes noncompetitive proposals in response to a written request from the district; or
• After solicitation of a number of sources, competition is determined inadequate.

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

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 they have 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 which 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.

III.  Procedures

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

Legal References:  
RCW 28A.335.190         Advertising for bids – Competitive bid procedures – 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 39.30.060               Bids on public works – Identification, substitution of contractors 
2 CFR Part 200                Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
2 CFR 3485                       Debarment and Suspension

Management Resources:  
Policy News, Oct. 2005         Competitive Bid Process Changes
Policy News, June 2001        Legislation Further Simplifies Bid Compliance
Policy & Legal News               Feb. 2011; June 2013; June 2015; Oct. 2015; March 2016; July 2017; August 2018

ADOPTED: 04/27/2000
REVISED:  8/31/00; 8/30/01; 1/12/06; 3/25/10; 4/28/11; 8/22/13; 9/24/15; 10/22/15; 5/26/16; 2/21/19

Procedure No. 6220P Bid Requirements

Bid Requirements 

The following procedures will be in effect for purchasing through the bidding process: 

1. Formal bids will be opened at the time and place stated in the official advertisement for bids, and any interested member of the public may attend the bid opening. It shall be the bidder's sole responsibility to see that their bid is delivered to the district prior to the time set for opening of bids. Any bid received after the time set for opening the bids will be returned to the bidder unopened and will receive no consideration by the district. 

2. Formal bid tabulations may be presented at a meeting of the board for study purposes. 

3. Formal bid awards will be made by the board on the basis of staff recommendations. 

4. Brand names and manufacturers' catalog numbers used in specifications are for the purpose of identification and to establish a standard of quality. Bids on equal items shall be considered providing the bidder specifies brand and model and furnishes descriptive literature. The acceptance of alternative "equal" items will be conditioned on the district's inspection and testing after receipt. If not found to be equal, the material will be returned at the seller's expense and the contract canceled. 

5. The district will reserve the right to reject any or all bids, waive any formalities and/or irregularities and cancel the solicitation, if a reason exists. 

6. On construction projects, the bidder will include a statement agreeing to comply with prevailing wage and affirmative action requirements and will also provide a payment performance bond. 

7. The superintendent, or designee, may solicit bids by telephone and/or written quotation for furniture, equipment and supplies which have an estimated cost in excess of $40,000 up to $75,000. At least three telephone or written bids shall be secured prior to the date established by the superintendent or designee. All telephone quotations must be confirmed in writing promptly in order to constitute a valid quotation. 

8. For public works projects estimated to cost $350,000 or less, the superintendent, or designee, may solicit bids by telephone, electronic, or written quotations from all contractors who have requested to be placed on the small works roster. The district will not break a project into units or phases in order to come within the scope of the small works roster process or limited public works process. Each year, the district will publish a notice of opportunity in at least one newspaper of general circulation in the district and then revise the small works roster accordingly. The district will add responsible contractors to the small works roster any time a contractor submits a written request and necessary records. The application form will be designed to collect such information as (l) name of contractor, (2) State of Washington contractor's license number, (3) bonding verification, (4) liability insurance coverage, (5) related contracts completed, and (6) references (bond and clients). Contractors desiring to be placed on or remain on the small works roster are required to keep current records of applicable licenses, certifications, registrations, bonding, insurance or other appropriate matters on file with the district. 
   
9. The following steps will be employed to engage a contractor for a small works project: 

1. The district will prepare written specifications which describe the scope and nature of the work to be completed and a list of the materials and equipment to be furnished. Completion date, contractor's assurances (prevailing wages, fair employment, etc.), bid and performance bond requirements, opportunity to visit the work site, closing date, and bid form may be provided; however detailed plans and specifications need not be included in the invitation.
2. The district may invite quotations from all appropriate contractors on the small works roster. As an alternative, the district may invite quotations from at least five contractors on the roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among qualified contractors on the roster. However, if the estimated cost of the work is between $250,000 and $350,000 and the district chooses to solicit bids from less than all the appropriate contractors on the small works roster, the district will notify the remaining contractors on the small works roster that is seeking quotations on the work. The district has the sole option of determining whether this notice to the remaining contractors is made by: (i) publishing a notice in legal newspaper in general circulation in the area where the work is to be done, (ii) mailing a notice to these contractors, or (iii) sending a notice to the contractors by facsimile or other electronic means.
3. Immediately, after an award is made, the bid quotations obtained will be recorded, open to public inspection, and available by telephone or electronic request.
4. The district will award the contract to the lowest responsible bidder as defined in RCW 39.04.010. The district will make available a list of contracts awarded under that process at least once every year. The list shall include the name of the contractor or vendor, amount of the contract, a brief description of the work performed or items purchased, and the date awarded.  The list shall also state the location where the bid quotations for these contracts are available for public inspection. 

10. For limited public works projects estimated to cost less than $35,000, the superintendent or designee may solicit electronic or written quotations from a minimum of three contractors from the small works roster. The contract may be awarded to the lowest responsible bidder.  After an award is made, the quotations received are open to public inspection and are available by electronic request.  The superintendent or designee will attempt to distribute opportunities for limited public works projects equitably among contractors willing to perform in the district.  The district will maintain a list of the contractors contacted and the contracts awarded during the previous twenty-four months under the limited public works process, including the name of the contractor, the contractor's registration number, a brief description of the work, the amount of the contract, and the date the contract was awarded.  

A project may not be divided into parts in order to qualify for the limited public works process. 

11. An acceptable bid or offer and a district purchase order will constitute the only contract necessary for the purchase of supplies, equipment, and minor repairs of construction projects, except that the successful bidder will meet all conditions included in the specifications. 

 

12. Formal written contracts will be prepared for all major construction and repair projects. After a majority of the board votes to approve a contract, the board president/chair and secretary sign the contract on behalf of the board and record the action in the minutes. All contracts will provide that, in the event that the district files suit to enforce the terms of the contract, the venue will be the county where the district is located. All contracts will also provide that if the district is successful in the suit, the court may order reimbursement of the district's attorney's fees and court costs, as the court deems reasonable. Any contract for services with an entity or individual other than an employee of the district shall include a provision requiring the contractor to prohibit any of its employees who has pled guilty to or been convicted of a felony crime specified under RCW 28A.400.322 and who would have contact with children at a public school during the course of their employment from working at a public school. 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.
    
    ADOPTED: 04/23/1998
    REVISED: 04/27/00; 08/31/00; 08/30/01; 01/12/06; 03/25/10; 04/26/12; 2/21/19; 01/14/21