PURCHASING AND BIDDING

PURCHASING AND BIDDING

po6320Adopted January 18, 2024Revised March 26, 2026

6320 - PURCHASING AND BIDDING

Quotations and Bids

It is the policy of the Governing Board that the Treasurer/CFO seek at least three (3) price quotations on purchases of more than $25,000 for a single item, except in cases of emergency or when the materials purchased are of such a nature that price negotiations would not result in a savings to the Educational Service Center ("Center") or when the item is subject to formal bid. Standardized purchasing procedures of the ESC shall be followed when purchasing on the basis of price quotations from vendors.

Limitations

All purchases that are within the amount contained in the fund of the appropriation may be made upon authorization of the Treasurer/CFO.

The Treasurer/CFO is authorized to adjust appropriations within a fund in order to make necessary purchases and shall report such modifications at the following regular Governing Board meeting.

“Blanket” Certificates

The Treasurer/CFO may issue “blanket” purchase orders (certificates) for a sum not exceeding an amount established by resolution of the Board against any specific line item account over a period of time, not to extend beyond the end of the fiscal year in which it is issued. Only one (1) “blanket” purchase order (certificate) may be outstanding at any one (1) particular time for any one (1) particular line item appropriation.

“Super Blanket” Certificates

The Treasurer/CFO may issue “super blanket” purchase orders (certificates) for any amount for expenditures and contracts from a specific line-item appropriation account in a specified fund for most professional services, fuel, oil, food items, and any other specific recurring and reasonably predictable operating expense. Such a purchase order (certificate) shall not extend beyond the fiscal year.

Contracts for Development and Improvement of Facilities

All contemplated contracts for professional design services such as from an architect or for construction management shall be in accordance with R.C. 9.33, 9.333, and 153.54 et seq.

Competitive Bidding

When the Board determines to build, repair, enlarge, improve, or demolish any building or other property, the cost of which will exceed the amount to be determined and published by the Ohio Director of Commerce, or for the purchase (or lease-purchase) of school buses, the Treasurer/CFO or designee shall obtain competitive bids.

In accordance with statute, the Board may elect to forego the bidding for contracts in any of the following situations if:

  1. the Board elects and declares by resolution to participate in purchase contracts, in accordance with R.C. Chapter 125 and the terms and conditions prescribed by the Department of Administrative Services;
  2. the Board determines and declares by resolution adopted by two-thirds (2/3’s) of its members that any item is available and can be acquired from a single source;
  3. the Board declares by resolution adopted by two-thirds (2/3’s) of its members that the installation, modification, and/or remodeling subject to contracting is involved in an energy conservation measure undertaken through an installment payment contract under R.C. 3313.372 or pursuant to R.C. 133.06(G);
  4. the Board finds and determines that an urgent necessity exists (as defined by statute) with respect to a particular improvement; and
  5. pursuant to R.C. 9.48, the Governing Board participates in a joint purchasing program, operated by or through a national or State association of political subdivisions in which the Governing Board is eligible for membership or through the Federal government or another political subdivision.

The Superintendent shall verify that the specifications for any public improvement project for which bids are solicited do not require any bidder to:

  1. enter into agreements with labor organizations on said public improvement; or
  2. enter into an agreement that requires its employees to become members of or pay fees or dues to a labor organization as a condition of employment or continued employment.

Bidding shall be conducted in accordance with R.C. 3313.46 and related statutes.

Bids shall be sealed and shall be opened by the Treasurer/CFO or designee in the presence of at least one (1) witness.

Soliciting of Bids

The Board, by resolution, may award a bid to the lowest responsible bidder. For a bidder to be deemed responsible, the Board may request evidence from the bidder concerning:

  1. the experience (type of product or service being purchased, etc.) of the bidder;
  2. the financial condition;
  3. the conduct and performance on previous contracts (with the ESC or other agencies);
  4. the bidder’s facilities;
  5. management skills;
  6. the ability to execute the contract properly; and
  7. a signed affidavit affirming that neither the bidder nor any sub-contractor has entered into an agreement with any labor organization regarding the public improvement project.

Awarding of Bids

The Board shall approve all contracts resulting from competitive bids prior to being awarded. The Governing Board reserves the right to reject any or all bids.

In situations in which the Board has resolved to award a bid to the lowest responsible bidder and the low bidder does not meet the considerations specified above, the Governing Board shall so notify the bidder, in writing, by certified mail.

Purchase of School Buses and Certain Other Motor Vehicles

The Board shall use competitive bidding to enter into an agreement for the purchase or lease-purchase of a school bus unless an exception to bidding applies. The term “school bus” includes any vehicle designed to carry more than nine (9) passengers excluding the driver. Bids shall indicate that prior to delivery of the bus must comply with all applicable State laws and regulations, including the Ohio Pupil Transportation Operation and Safety Rules. No bid bonds will be required unless requested by the Board during the competitive bidding process. The Board is not required to use competitive bidding to rent or lease a school bus as long as the agreement does not include a provision for the purchase of the bus.

For the purchase of motor vehicles other than school buses, the Board will follow the adopted procedures to obtain price quotations prior to purchase when applicable. Standardized purchasing procedures of the ESC shall be followed when purchasing a motor vehicle other than a school bus.

Lease-Purchase Agreements

Lease-purchase agreements entered into by the Board shall be in accordance with R.C. 3313.375. Such agreements shall be a series of not more than thirty (30) one-year renewable lease terms, after which time ownership is transferred to the Board if all obligations of the Board under the agreement have been satisfied.

Purchases from the State

In accordance with State law (R.C. 4115.31 et seq.), the Superintendent shall purchase products and services which are available from the Ohio Industries for the Handicapped (OIH) when such products or services are needed by the ESC. The Superintendent is to maintain the current catalog provided by OIH and inform all ESC personnel who may be purchasing products or services of the catalog’s current listings.

Requirements

Before the Treasurer/CFO places a purchase order, they shall check as to whether the proposed purchase is subject to bid, whether sufficient funds exist in the budget, and whether the material might be available elsewhere in the ESC. All purchase orders shall be numbered consecutively.

In the interests of economy, fairness, and efficiency in its business dealings, the Board requires that:

  1. items commonly used in the various schools or units thereof, be standardized whenever consistency with educational goals can be maintained; and
  2. where the requisitioner has recommended a supplier, the Treasurer/CFO may make alternate suggestions to the requisitioner if, in their judgment, better service, delivery, economy, or utility can be achieved by changing the proposed order.

The Board may acquire equipment as defined in law by lease, by installment payments, by entering into lease-purchase agreements, or by lease with an option to purchase, provided the contract sets forth the terms of such a purchase.

Reverse Auctions

It is the policy of the Board to permit the use of a reverse auction to purchase services and supplies whenever it is determined that the reverse auction process shall be advantageous to the ESC (e.g., result in a cost savings to the ESC). To that end, vendors may submit proposals when competing to sell services and/or supplies in an open environment via the Internet. While the reverse auction process may be used to purchase supplies such as equipment, materials, tangible assets and insurance, the process may not be used to purchase real property or interests in real property. The process may also be used to purchase services such as the furnishing of labor, time, or effort by a person, provided such services do not involve the delivery of a specific end product other than a report, and are not being furnished in connection with an employment agreement.

The Board shall provide notice of the request for proposals and award contracts. When competitive sealed bidding and/or competitive sealed proposals for the purchase of services or supplies are required by law, purchases made by reverse auction shall satisfy such legal requirement.

Procurement – Federal Grants

The Superintendent shall maintain a procurement and contract administration system in accordance with the USDOE requirements (34 CFR 80.36) for the administration and management of Federal grants and Federally-funded programs. The ESC shall maintain a compliance system that requires contractors to perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. Except as otherwise noted, procurement transactions shall conform to the provisions of this policy.

Revised 12/19/24

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