Jerome Joint School District No. 261

FINANCIAL MANAGEMENT 7400

Miscellaneous Procurement Standards

Authorization and Control

It is the policy of this District to conduct its purchasing program in a manner to ensure optimum use of District

funds. The Board, or its designee, reserves the right to determine what is in the best interest of the District.

The Superintendent is authorized to direct expenditures and purchases within the limits of the detailed annual

budget for the school year and pursuant to state purchasing and federal procurement requirements. Board

approval for purchase of capital outlay items is required when the aggregate total of a requisition exceeds

$50,000, except the Superintendent shall have the authority to make capital outlay purchases without advance

approval when it is necessary to protect the interests of the District or the health and safety of the staff or

students. The Superintendent shall establish requisition and purchase order procedures as a means of controlling

and maintaining proper accounting of the expenditure of funds that align with state purchasing and federal

procurement requirements. Staff members shall not obligate the District without express authority. Staff

members who obligate the District without proper authorization may be held personally responsible for payment

of such obligations.

Procurement of Services or Personal Property

With the exception of the purchase of curricular materials, and in accordance with the requirements of Idaho

Code, whenever the cost of any improvement; or the acquisition, purchase, or repair of any equipment; or other

personal property necessary for the effective operation of the District exceeds $50,000 but does not exceed

$100,000, bids shall be called for by issuing written request to at least three vendors as specified in statute as well

as following federal procurement requirements. Specifications shall be prepared and be made available to all

vendors interested in submitting a bid. The contract shall be awarded to the lowest responsible bidder, except that

the Board may reject any bid, reject all bids, or publish notice to rebid the project. If, after calling for bids a second

time, no satisfactory bid is received, the Board may proceed under its own direction, subject to the approval of the

State Board of Education.

For expenditures exceeding $100,000, sealed bids shall be called for by issuing public notice as specified in statute as well as following federal procurement requirements. Specifications shall be published in the official newspaper of the District at least two weeks before the opening date, with the second notice to be published in the

succeeding week at least seven days before the date that bids are scheduled to be opened. Copies of

specifications, bid forms, bidder’s instructions, contract documents and general and special instructions shall be

made available upon request by any interested bidder.

Procurement of Public Works Construction

With the exception of the purchase of curricular materials, and in accordance with the requirements of Idaho

Code, whenever the cost of any improvement; or the acquisition, purchase, or repair of any equipment; or other

personal property necessary for the effective operation of the District exceeds $50,000 but does not exceed

$100,000, bids shall be called for by issuing written request to at least three vendors as specified in statute as well

as following federal procurement requirements. Specifications shall be prepared and be made available to all

vendors interested in submitting a bid. The contract shall be awarded to the lowest responsible bidder, except that

the Board may reject any bid, reject all bids, or publish notice to rebid the project. If, after calling for bids a second

time, no satisfactory bid is received, the Board may proceed under its own direction, subject to the approval of the

State Board of Education.

For expenditures exceeding $100,000, sealed bids shall be called for by issuing public notice as specified in statute as well as following federal procurement requirements. Specifications shall be published in the official newspaper of the District at least two weeks before the opening date, with the second notice to be published in the

succeeding week at least seven days before the date that bids are scheduled to be opened. Copies of

specifications, bid forms, bidder’s instructions, contract documents and general and special instructions shall be

made available upon request by any interested bidder.

For purchases over $200,000, bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is

awarded to the responsible bidder whose bid, conforming with all of the material terms and conditions of the

invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring

construction, if the following conditions apply:

1. A complete, adequate, and realistic specification or purchase description is available;

2. Two or more responsible bidders are willing and able to compete effectively for the business; and

3. The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price.

If sealed bids are used, the following requirements apply:

1. Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids.

2. The invitation for bids, which will include any specifications and pertinent attachments, must define the

items or services in order for the bidder to properly respond;

3. All bids will be opened at the time and place prescribed in the invitation for bids.

4. A firm fixed price contract award must be made in writing to the lowest responsive and responsible

bidder.

Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be

considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when

prior experience indicates that such discounts are usually taken advantage of. Any or all bids may be rejected if

there is a sound, documented reason

Personnel Conflicts of Interest

No employee will make any purchase or incur any obligations for or on behalf of the District from any private

business, contractor, or vendor in which or with which the employee has a direct or indirect financial or ownership

interest.

Purchases or contracted services from any private business or venture in which any employee of this District has a

direct or indirect financial or ownership interest will be made on a competitive bid basis strictly in accordance with

the following procedures:

1. The interested employee, the business, the contractor, or the vendor will fully disclose, in writing, the

employee’s exact relationship to the business, the contractor, or the vendor;

2. The affected business, the contractor, or the vendor may submit a bid in compliance with the

specifications outlined by the District;

3. The interested employee will not be involved in any part of the bidding process, including but not limited to, preparing specifications, advertising, analyzing, or accepting bids; and

4. This policy will apply to any organization, fund, agency, or other activity maintained or operated by the

District.

No employee will solicit gifts, gratuities, favors, prizes, awards, merchandise, or commissions as a result of

ordering any items or as a result of placing any purchase order with a business, contractor, or vendor on behalf of

the District nor accept anything of monetary value from a business, contractor, or vendor except for unsolicited

gifts of $50 or less in value.

When purchasing good and services pursuant to Idaho Code, and determining the most qualified bidder for award

of the contract, the District, at its sole discretion, may consider not only the amount of the bids, but may also

consider additional factors including, but not limited to, the relative experience, ability, references, and integrity of

the bidders to do faithful and conscientious work and promptly fulfill the contract according to contract

requirements.

Except where a Request for Proposals is advertised, in the event the District awards a contract to a bidder other

than the lowest responsive bidder, the Board shall declare its reason or reasons on the record and shall

communicate such reason or reasons in writing to all who have submitted a competing bid. The

disappointed bidders shall have the right to submit a timely written objection, at which time the District

shall stop all work on the project, and shall review its decision and determine whether to affirm its prior

award, modify the award, or choose to re-bid, setting forth its reason or reasons therefor. After completion

of the review process, the political subdivision may proceed as it deems to be in the public interest.

The Superintendent shall establish bidding and contract awarding procedures that align with State purchasing and

federal procurement requirements.

Cross Reference: 7400P Procurement Under a Federal Award

7405 Public Works Contracting and Procurement

7407 Public Procurement of Goods and Services

Legal Reference: I.C. § 18-1351 Bribery and Corrupt Practices – Definitions

I.C. § 33-316 Cooperative Contracts to Employ Specialized Personnel and/or

Purchase Materials

I.C. § 33-402 Notice Requirements

I.C. § 33-601 Real and Personal Property – Acquisition, Use or Disposal of Same

I.C. § 67-2805 Procurement of Public Works Construction

I.C. § 67-2806 Procuring Services or Personal Property

I.C. § 67-2806A Request for Proposal

I.C. § 74-401 et seq. Ethics in Government

2 C.F.R. § 180.220 Are Any Procurement Contracts Included as Covered

Transactions?

2 C.F.R. § 180.300 What Must I do Before I Enter into a Covered Transaction

with Another Person at the Next Lower Tier?

2 C.F.R. § 200.317 Procurement by States

2 C.F.R. § 200.318 General Procurement Standards

2 C.F.R. § 200.319 General Procurement Standards

2 C.F.R. § 200.320 Methods of Procurement to be Followed

2 C.F.R. § 200.323(b) Contract Cost and Price

2 C.F.R. Part 200, Appendix II (1) Contract Provisions for Non-Federal Entity Contracts

Under Federal Awards

Other Reference: Policies and Procedures Used Template, Idaho State Department of Education,

http://www.sde.idaho.gov/sped/funding/

Policy History:

Adopted on: 11/21/2006

Revised on: 08/25/2015

Revised on: 07/26/2016

Revised on: 11/28/2017

Revised on: 06/25/2019

Revised on: 08/25/2020