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BP178 – Purchasing Provisions

  • Effective: 12/8/1998
  • Revision: 4/27/2021
  1. Board Directive
    1. Purpose
      The Board recognizes the need for specific procedures to govern procurement of equipment, supplies, textbooks, services, professional services and all aspects of construction.  The Board further recognizes that such procedures should provide for both quality and price consideration and should comply with all applicable state and federal procurement laws.  No purchase shall be made and no indebtedness shall be incurred by any officer or employee of the school district that exceeds the authority given in this administrative policy, except those authorized by the Board.  Utah Code 53G-4-405
    2. Adoption
      The Board adopts the rules and procedures set forth in the Utah Procurement Administrative Rule R33, adopted by the Chief Procurement Officer of the State of Utah.  This election is made pursuant to Utah Code Title 63G-6a also known as the “Utah Procurement Code” (UPC).
    3. Purchasing Authority
      The Board, in adopting this policy, acts pursuant to 63G-6a-103(39) and hereby grants approval and authority to the Jordan School District Purchasing Department (Purchasing Department) and such other designees as are stated in this policy to carry out the duties stated herein.
    4. Board Approval
      The Board shall approve procurement through either of the following methods:
      1. The Board shall approve an appropriation for the procurement identified in the District budget, or;
      2. The Board shall approve an individual purchase when made during the fiscal year if not previously individually approved as part of the District budget.  53A-3-405
    5. Compliance with State and Federal Law and Exemptions from Chapter
      This policy is not applicable to funds administered under the Percent-for-Art Program of the Utah Percent-for-Art Act.  This policy is not applicable to grants awarded by the State of Utah or contracts between the State of Utah and the District where the grant specifically requires expenditures be made to specific vendors for predetermined products.  This policy shall not prevent the District from complying with the terms and conditions of any grant, gift or bequest that is otherwise consistent with law.  When procurement involves the expenditure of federal assistance or contract funds, the District and Purchasing Department shall comply with mandatory applicable federal law and regulations not reflected in this policy.  63G-6a-107.
  2. Administrative Policy
    1. Purchasing Department Organization
      This section shall apply to all procurement by the District unless otherwise indicated.
      1. Purchasing Department
        There is established a Purchasing Department in the administration of Jordan School District.  The Purchasing Department shall be staffed by those administrators and support personnel as the Administration deems necessary and appropriate.  The Purchasing Department personnel may take any action of a procurement nature to advance the economic well-being and efficient operation of the District, so long as that action is not in conflict with the Utah Procurement Code, Utah Procurement Rules, the policies of the State Board of Education or policies of the Board of Education of Jordan School District.
      2. Director of Purchasing
        1. The Director of Purchasing (Director) is delegated the authority by the Board to carry out the procurement functions of the District and to ensure such functions are in accordance with established policies and written procedures.
        2. The Director may delegate, in writing, purchasing authority to other District employees as necessary to fulfill the purpose and philosophy of this policy.
        3. The Director is also given authority to withdraw delegated authority.
      3. Sole Source Procurement
        A contract may be awarded for a supply, service or construction item without using a standard procurement process when the Director or Business Administrator determines in writing that there is only one source for the required supply, service or construction and if it is in the best interest of the District not to seek competition. 63G-6a-802
      4. Emergency Procurement
        The Director or designee may authorize an emergency procurement without using a standard procurement process when an emergency condition exists.  When the Director authorizes an emergency procurement, he/she shall:
        1. Ensure that the procurement is made with as much competition as reasonably practicable while avoiding harm, or a risk of harm, to the public health, safety, welfare, or property; or protecting the legal interests of the District.
        2. After the emergency has abated, prepare a written document explaining the emergency condition that necessitated the emergency procurement.  UPC 63G-6a-804
      5. Contracts
        1. All procurement activities must be conducted in strict accordance with all applicable procurement laws, including the Utah Procurement Code and the Utah Public Officers’ and Employees’ Ethics Act.  District employees shall also comply with all District policies and procedures when making any purchases.
        2. Contracts must be approved by the Business Administrator or designee, according to procedures outlined in the Financial Accounting Manual.
        3. These procedures apply to any purchases or contracts over $5,000 made within the District, regardless of the source of the money to be expended or received.
      6. Description and Specification Development
        1. Product and service specifications are to be drafted by the requesting school or department and submitted with a requisition to the Purchasing Department.  If unable to do so, the Department will assist the requesting school or department to develop specifications.
        2. Specifications shall seek to promote the overall economy and best use for the purposes intended and encourage competition in satisfying the needs of the District, and may not be unduly restrictive.  63G-6a-111
    2. Small Purchases
      1. The purchase of items costing less than $80,000 shall be designated as a small purchase and must be approved by the Purchasing Department.
      2. Procurements shall not be artificially subdivided so as to constitute a small purchase.   UPC 63G-6a-506.
      3. The Board delegates to the Director, the authority to establish guidelines for small purchases.  Such guidelines shall be set forth in the Financial Accounting Manual which shall be at least as restrictive or more restrictive than the established state procurement rules and using sound accounting practices. R33-5-104
    3. Purchases $80,000 and Greater
      1. Except for bids which are approved by the Director under the amount of $80,000, or in the event of a sole source or emergency procurement, the District may proceed using a standard procurement process which is best suited for the District’s purposes and according to the requirements of the Utah Procurement Code.
      2. All purchases $80,000 and greater shall be approved by the Board of Education.
    4. Procurement of Construction and Related Services
      The rules and procedures regarding procurement of goods and services under Section II of this policy shall apply to the procurement of construction services, except as outlined below.
      1. Direct Award without Competition
        1. $0 to $10,000
          Direct purchase using a signed and authorized purchase order by the originating department entered in the non-printed comments on the electronic purchase order system.
        2. Over $10,000 to $40,000
          Direct purchase using a signed and authorized purchase order by the originating department selected from a list of prequalified vendors solicited by the Purchasing Department.
        3. Over $40,000 to $150,000
          Competition must be solicited either using at least three (3) written quotes or following the standard bid process outlined in the Utah Procurement Code.
      2. Solicitation Type
        The Purchasing Department shall determine which method of construction contracting management is to be used for each particular project.  The Department shall execute and include in the contract file a written statement setting forth the facts, which led to the selection of a particular method of construction contracting management for each project.  63G-6a-1302
      3. Architects and Engineers
        1. A licensed architect or engineer shall prepare the plans and specifications for the construction or alteration of school buildings.
        2. The selection of an architect or engineer shall follow the most recent adoption of the Utah Procurement Code and Utah Office of Education rules and requirements.
        3. Architect and engineering services estimated to be under $150,000 will be selected from a prequalified pool of firms to provide design services.
        4. Architect services estimated to be $150,000 and above must be approved by the Board of Education.  Contracts may be signed by the Business Administrator after a project has been approved by the Board, as all fees are negotiated between the District and the architect, since the final dollar amount of the contract is often undetermined and based upon a percentage of the construction bid price.
      4. Limited Compliance with Local Zoning Ordinances
        The District shall comply with local zoning and land use ordinances except as follows:
        1. The District is not required to comply with a local municipality or county regarding its land use or zoning ordinances with respect to:
          1. Landscaping;
          2. Fencing;
          3. Aesthetic considerations;
          4. Construction methods or materials;
          5. Building codes;
          6. Building use for educational services; or
          7. Use or construction of temporary class rooms on school property.
        2. The District, at its discretion, is not required to participate in the cost of any study or construction of any sidewalk unless:
          1. The sidewalk is necessary for the safety of school children; or
          2. The sidewalk is on or contiguous to school property.
        3. The District is not required to participate in the cost of any study or construction of any roadway unless the roadway is necessary to connect an otherwise isolated school site to an existing roadway.
        4. The District shall not pay fees to either the county or a local municipality unless:
          1. The District has elected not to provide its own inspectors to inspect school construction or otherwise fails to provide for inspections; in such case, the District must pay local municipal inspection fees;
          2. The fee relates to an impact fee for an improvement project that is reasonably related to the impact of the District’s project upon the need that the improvement is to address; or
          3. The cost imposed is necessary to avoid unreasonable risks to health or safety.
        5. The District shall provide its own inspectors to inspect school District construction whenever possible.
      5. Change Orders
        1. Under a construction contract, any change order which increases the contract amount shall be subject to prior written certification that the change order is within the determined project or contract budget.  The certification shall be made by the Administrator of Auxiliary Services.  The change order shall be signed by the Business Administrator.
        2. If the certification discloses a resulting increase in the total project or contract budget, the Business Administrator shall not execute or make the change order unless sufficient funds are available for the scope of the project or the contract is adjusted to permit the degree of completion feasible within the total project or contract budget as it existed prior to the change order under consideration.  63G-6a-1207
        3. In order to assure that construction work proceed without interruption, the Administrator of Auxiliary Services is authorized to approve change orders up to $30,000 without prior approval, if the change order is within the budget.
    5. Protests and Remedies
      The following provisions apply to all competitive bids or competitive requests for proposals, including construction procurement.
      1. Protests
        1. Protest Officer
          The Director of Purchasing is designated as the protest officer for the District, and as such will follow requirements outlined in 63G-6a-1603 and the rules defined in the Utah Administrative Code section R33-16.
        2. Submitted in Writing
          1. Any actual or prospective bidder, offer or contractor who is aggrieved in connection with the solicitation or award of the contract may protest to the Director of Purchasing.
          2. A protest with respect to a standard procurement shall be submitted in writing prior to the opening of bids or the closing date for proposals unless the aggrieved person did not know or should not have known of the facts giving rise to the protest prior to bid opening or the closing date for proposals.
          3. The protest shall be submitted in writing within seven (7) calendar days after the aggrieved person knows or should have known of the facts giving rise to the protest.
          4. The Director has the authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve the protest.
          5. Failure to submit a timely protest shall constitute a waiver of such right.  63G-6a-1602
        3. Stay of Proceedings
          In the event of a timely protest, the Department shall not proceed further with the solicitation or with the award of the contract until all administrative and judicial remedies have been exhausted or until the Director makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the District.
        4. Appeal of Decision
          Under provisions outlined in 63G-6a-1702, any person that has successfully submitted a protest under the above requirements may appeal to the Utah State Procurement Policy Board if a decision made by the protest officer is not in their favor.
    6. Conflict of Interest as Applied to Purchasing
      1. Definition
        1. For purposes of this policy, a conflict of interest exists when any employee puts his/her interest or the interests of some other individual(s) or entity ahead of or in opposition to the interests of the School District.
        2. Employees must avoid all situations that create even the appearance of a conflict of interest.
      2. Conflict of interest restrictions shall apply to all members of the Board of Education, Officers of the Board, Administrators of Schools, school and district-level administration or any employee of the District.
      3. No one who has a financial or other interest in the transaction shall participate in the selection, award, or administration of a contract or purchase agreement.
      4. Employees of the District shall comply with and be subject to Part 24 of the Utah Procurement Code, titled “Unlawful Conduct and Penalties.”
      5. Knowing and willful violation of the conflict of interest policy by District employees is cause for personnel action and, in accordance with due process procedures, may result in termination.
    7. Purchasing Cards
      The purpose of the purchasing card is to establish a more efficient, cost-effective method of purchasing and payment for small-dollar transactions.  The purchasing card is designed to replace a variety of processes including petty cash, NPOs, small dollar purchase orders and certain open purchase orders.
      1. Only designated employees may, in the process of conducting District business, use the District’s authorized purchasing cards for purchases in strict accordance with the District’s purchasing card policies and procedures as found in the District’s Financial Accounting Manual.
      2. Purchasing cards have a single transaction limit of $5,000 unless a greater limit has been pre-approved by the Department.
      3. Card usage will be audited regularly.