6320 - PURCHASING AND BIDDING
Price Quotations for Items Not Required to be Competitively Bid
It is the policy of the Board of Education that the Treasurer seek at least three (3) price quotations, unless fewer quotations are available, on purchases of any supplies, materials, and/or equipment costing more than $50,000, 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 District or when the item is subject to formal bid. Standardized purchasing procedures of the District (AG 6320A) shall be followed when purchasing on the basis of price quotations from vendors.
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 shall obtain competitive bids.
In accordance with statute, the Board may elect to forego the bidding for contracts in any of the following situations:
- the acquisition of educational materials used in teaching
- if 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
- if 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 only from a single source
- if 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)
- the acquisition of computer software and/or computer hardware for instructional purposes
- if the Board finds and determines that an urgent necessity exists (as defined by statute) with respect to a particular improvement
- if improvements are related to the security and protection of school property
- if, pursuant to R.C. 9.48, the Board participates in a joint purchasing program, operated by or through a national or State association of political subdivisions in which the Board is eligible for membership or through the Federal government or another political subdivision
- if supplies, services, or materials are to be purchased from a qualified nonprofit agency pursuant to Sections 4115.31 to 4115.35
The Superintendent shall verify that the specifications for any public improvement project for which bids are solicited do not require any bidder to:
- enter into agreements with labor organizations on said public improvement; or
- 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 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:
- the experience (type of product or service being purchased, etc.) of the bidder;
- the financial condition;
- the conduct and performance on previous contracts (with the District or other agencies);
- the bidder's facilities;
- management skills;
- the ability to execute the contract properly;
- 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 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 Board shall so notify the bidder, in writing, by certified mail.
Limitations
All purchases that are within the amount contained in the function, object, line item of the appropriation and were originally contemplated in the budgeting process may be made upon authorization of the Treasurer.
The Treasurer is authorized to adjust appropriations within a fund in order to make necessary purchases and shall report such modifications at the following regular Board meeting.
Then and Now Certificate
If the Treasurer can certify that both at the time of the purchase and at the time of certification, sufficient funds were available or in the process of collection, to the credit of the respective fund, properly appropriated and free from previous encumbrance, the expenditure may be authorized. The Board may approve such payment within thirty (30) days from receipt of such certificate.
Amounts of less than $3,000 may be paid by the Treasurer upon completion of the "then and now" certificate, provided that the expenditure is otherwise lawful.
The Superintendent is authorized to make emergency purchases, without prior adjustment, of those goods and/or services needed to keep the schools in operation. Such purchases shall be brought to the Board's attention at the next regular meeting.
"Blanket" Certificates
The Treasurer 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 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 – 9.335, and R.C. 153.65 – 153.71 as applicable, as well as any relevant provisions of the Ohio Administrative Code.
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 one (1) year renewable lease terms totaling not more than thirty (30) years, 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 – 4115.35), the Superintendent shall, in accordance with rules of the State committee for the purchase of products and services provided by persons with severe disabilities, procure products or services at the fair market price established by the committee from a qualified nonprofit agency for persons with severe disabilities, if the product or service is on the procurement list and is available within the period required by the District notwithstanding any law requiring the purchase of products and services on a competitive bid basis.
Quantity Purchases
In order to promote efficiency and economy in the operation of the District, the Board requires that the Treasurer periodically estimate requirements for standard items or classes of items and make quantity purchases to procure the lowest cost consistent with good quality.
Requirements
Before the Treasurer places a purchase order, s/he 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 District. All purchase orders shall be numbered consecutively.
In the interests of economy, fairness, and efficiency in its business dealings, the Board requires that:
- items commonly used in the various schools or units thereof, be standardized whenever consistency with educational goals can be maintained;
- opportunity be provided to as many responsible suppliers as possible to do business with the School District;
To this end, the Treasurer shall develop and maintain lists of potential suppliers for various types of supplies, equipment, and services. - a prompt and courteous reception, insofar as conditions permit, be given to all who call on legitimate business matters;
- where the requisitioner has recommended a supplier, the Superintendent may make alternate suggestions to the requisitioner if, in his/her judgment, better service, delivery, economy, or utility can be achieved by changing the proposed order.
Employees may be held personally responsible for anything purchased without a properly-signed purchase order or authorization.
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 and the purchase complies with applicable law and Board policy.
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 will be advantageous to the District (e.g., result in a cost savings to the District). 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 or collective bargaining agreement and/or which are not subject to a competitive selection procedure required by law.
The Board will provide notice of the request for proposals and award contracts in accordance with the Superintendent’s administrative guidelines.
Procurement – Federal Grants
The Superintendent and Treasurer 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 District 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 and administrative guidelines (AG 6320A). (See Policy 6325)
Revised 12/19/06
Revised 5/20/10
Revised 6/16/11
Revised 5/16/13
Revised 5/18/17
Revised 12/13/18
Revised 3/20/25
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