FILE: DJE
PURCHASING
All purchasing for the school system to be paid from public funds shall be made by the Superintendent or his/her designee in conformance with existing regulations and procedures as outlined in the Orleans Parish School Board’s Purchasing Handbook, and the laws pertinent to state and federal agencies. Budget allocations for specific purposes shall constitute advance School Board approval for all purchases except in such cases as state law or School Board policy may require. No debt shall be contracted in the name of the Orleans Parish School Board without action by the School Board, except those items which are provided for in the regular budget. Purchases shall be made at the lowest possible cost to the School Board consistent with specifications of quality and service.
Each principal shall assure that purchases by the individual school shall be made in accordance with applicable state and federal law, and administrative regulations and procedures developed by the Superintendent and staff, as contained in the School Activity Fund Manual.
No employee, officer or agent of the Orleans Parish School Board shall participate in the selection, award, or administration of a contract or purchase of supplies, materials and equipment if a conflict of interest, real or apparent, would be involved. Orleans Parish School Board employees shall neither solicit nor accept gratuities, favors or anything of monetary value from vendors, contractors, potential contractors, or parties to subagreements. All purchasing shall comply, as applicable, with the U.S. Department of Education Department General Administrative Regulations (EDGAR), the Louisiana Public Bid Law, the Louisiana Code of Governmental Ethics, and applicable federal, state and local regulations.
USE OF STATE FUNDS
Procurement of materials, supplies, and services when using state or locally generated funds shall follow the procurement method as authorized by Louisiana law and applicable state and local policies and procedures.
Financing Purchases
The School Board may finance the purchase of equipment or other movable property to be used by the School Board by entering into an installment sale, lease, or similar agreement with any lender or other person. Such agreement shall be subject to approval of the State Bond Commission in accordance with statutory provisions. No individual school or employee shall obligate the School Board without proper approval.
Use of State Contract
If equipment, materials or supplies are available from a State of Louisiana Contract, the Superintendent and/or his/her designee may approve the purchase without using one of the purchasing procedures outlined in statutory provisions, if advantageous to the School Board.
Piggyback Purchasing
The School Board may also piggyback, or purchase materials and supplies on valid contracts of other political subdivisions in accordance with La. Rev. Stat. Ann. §§33:1321-1337 or La. Rev. Stat. Ann. §38:321.1.
Qualified Group Purchasing Organizations
A qualified group purchasing organization means an organization, whether for profit or not for profit, of which two (2) or more public school districts are members and which solicits proposals or bids from vendors of materials, equipment, or supplies of the type and nature as may be purchased by a public school district or public school.
As provided in La. Rev. Stat. Ann. §38:2212.1, the School Board may enter into an agreement with: (A) one or more School Boards to form a qualified group purchasing organization; or (B) one or more qualified group purchasing organizations for the purchase of materials, equipment, and supplies, including installation thereof. Any such agreement shall require that the qualified group purchasing organization submit a price list for those materials, equipment, and supplies offered by it and that the prices quoted on the list remain in effect for a stated period of time of not less than three (3) months. Any such price list shall be considered, for all purposes, to be a valid and binding bid by the qualified group purchasing organization during the effective period of the agreement, and no additional bid by the qualified group purchasing organization is necessary.
The School Board may purchase materials, equipment, or supplies directly from or through a qualified group purchasing organization if the price is less than that for the same or substantially similar materials, equipment, or supplies on the state contract or bid list or if the same or substantially similar materials, equipment, or supplies are not under state contract or on the state bid list. Nothing included in this paragraph shall be construed to authorize the School Board to purchase materials, equipment, or supplies from or through an entity or vendor other than a qualified group purchasing organization as defined herein without using a procurement process otherwise provided by state law.
Sole Source Purchasing
The School Board may award a contract for the purchase of supplies, services, or major repairs without competition when the Superintendent or designated employee has determined, in writing, that there is only one source for the supply, service, or major repair item(s) to be acquired. A requirement for a particular service does not justify a sole source procurement if there is more than one potential bidder or offeror for the service. Pertinent procedures for purchasing such items from a sole source shall be in accordance with guidelines established by the State of Louisiana Office of State Procurement (OSP).
The Superintendent shall require that a record be created of all sole source procurement by making a written determination stating the basis for the sole source procurement and for the selection of a particular contractor. In addition to the written determination describing the basis for the sole source procurement, the record shall contain:
the contractor’s name;
the amount and type of contract; and
a listing of services procured under the contract.
Any amendment to a sole source contract shall contain an assurance that the services to be provided through the contract amendment continue to meet sole source requirements.
Louisiana Procurement Code
State law authorizes school boards to adopt all or any part of the Louisiana Procurement Code as contained in state statutes (La. Rev. Stat. Ann. §§39:1551-39:1755). Where the Orleans Parish School Board has adopted any such provision in its policies, the related administrative guidelines issued by the State of Louisiana Office of State Procurement (OSP) shall apply.
Competitive Online Solicitation
The School Board may use a reverse auction or competitive online solicitation process on the Internet for the purchase of equipment, supplies, and other materials in lieu of the more formal bid process when the School Board’s procurement officer determines that the electronic bidding is more advantageous and in the best interests of the School Board.
Prior to the use of a competitive online solicitation process, the School Board may require that:
Vendors register before opening dates and time, and as part of the registration, require that the vendors agree to any terms and conditions and other requirements of the solicitation.
Vendors be prequalified prior to placing bids and allow only bidders who are prequalified to submit bids.
The solicitation shall designate an opening date and time and the closing date and time. The closing date and time may be fixed or remain open depending on the structure of the item being bid.
At the opening date and time, the School Board shall begin accepting online bids and continue accepting bids until the bidding is officially closed. Registered bidders shall be allowed to lower the price of their bid below the lowest bid posted on the Internet until the closing date and time.
Bidders’ identities shall not be revealed during the bidding process; only the successively lower prices, ranks, scores, and related bid details shall be revealed.
All bids shall be posted electronically and updated on a real-time basis.
The School Board shall retain the right to cancel the solicitation if it determines that it is in the School Board’s best interest.
The School Board shall retain its existing authority to determine the criteria that will be used as a basis for making awards.
Adequate public notice for purchases using a reverse auction or competitive online solicitation process shall be given as follows:
The advertisement or notice shall be published two (2) times in a newspaper in the locality, the first advertisement to appear at least fifteen (15) days before the opening date of the reverse auction. In addition to the newspaper advertisement, the School Board may also publish an advertisement by electronic media available to the general public.
The first publication of the advertisement shall not occur on a Saturday, Sunday, or legal holiday.
Preferences
To the extent possible, the School Board shall regularly purchase products manufactured, grown, produced or harvested from the state land or waters which are of equal quality to such items produced outside the state, provided the cost of state products does not exceed by more than the statutory percentage the cost of out-of-state products or as otherwise provided by state law. Such products shall be limited to those allowed by state law.
The School Board shall also give preference to suppliers of material or equipment offered by Louisiana citizens, the cost and quality being equal. Tie bids shall be awarded as follows:
When a tie exists between local bidders, between intrastate bidders that are not local, or between out-of-state bidders, the bid shall be awarded by a flip of a coin.
When a tie exists between a local bidder and an out-of-town bidder, the bid shall be awarded to local bidder.
When a tie exists between an in-state bidder and out-of-state bidder the bid shall be awarded to the in-state bidder.
USE OF FEDERAL FUNDS
All procurement of materials, supplies, and services, as well as the construction of public works, funded in whole or in part with federal funds shall comply with the requirements contained in Title 2, Section 200, of the Code of Federal Regulations, Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards. All procurements using federal funds, in whole or in part, shall employ the most restrictive of the procurement procedures identified in 1) 2 CFR 200.320, 2) the Louisiana Public Bid Law, 2) the Louisiana Procurement Code, or 3) local policies and regulations.
Solicitations from Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms:
When spending federal funds, the Orleans Parish School Board shall take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps shall include:
Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;
Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises;
Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women’s business enterprises;
Using the services and assistance, as appropriate, of such organizations as the Louisiana Economic Development Agency, and Small Business Administration and the Minority Business Development Agency of the United States Department of Commerce; and
Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs 1 through 5 of this section.
Exclusion or Rejection of Quotes or Bids
A contract award or a purchase made with federal funds shall not be made to parties listed on the government-wide exclusions in the System for Award Management maintained by the U.S. Government, which contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority.
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
It shall be the policy of the Orleans Parish School Board to ensure every opportunity is made available to include disadvantaged business concerns in its letting of contracts and purchases, by providing equal opportunities to bidders for each contract or purchase being bid. At no time shall any School Board department, school or representative exclude any responsive bidder from participation in, deny any person the benefit of, or otherwise discriminate against anyone in connection with the award and performance of any contract or purchase on the basis of race, color, sex, or national origin.
The School Board shall provide or participate in programs and offer services to assist disadvantaged business concerns in the development and growth of their business. Each department and school shall take measures to evaluate and ensure optimum contracting and purchasing opportunities shall be made available.
The Superintendent shall be responsible for maintaining appropriate administrative regulations and procedures assigned to ensure participation of disadvantaged businesses in procurement and contracting opportunities with the School Board.
VENDORS
The Orleans Parish School Board shall seek business and bids from all eligible vendors, regardless of race, creed, color, sex, national origin, age or handicap. Each order shall be placed on the basis of quality, price and delivery; past services being a factor if all other considerations are equal.
No School Board member or School Board employee shall be an agent for, or have any pecuniary or beneficial interest in or receive any compensation or reward from any vendor for the sale of supplies, materials, equipment, services or public works contracts.
No employee of the School Board shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from any vendor representative or agent of a vendor, or a prospective vendor or contractor.
PURCHASE CARDS
The Superintendent may authorize the use of purchase cards or procurement cards by authorized personnel to facilitate the purchase of school district materials, supplies, employee travel and gas. Only personnel employed by the School Board and authorized by the Superintendent may be permitted to use any purchase card in the name of the School Board. No personal usage of any School Board card shall be permitted.
Each person authorized by the School Board shall be issued a purchase card in the name of the School Board. Once received, the card(s) shall remain in the possession of the employee/cardholder and he/she shall be held accountable for the card’s usage. Documentation (purchase order and/or itemized receipt) shall be required for all purchases, credits or transactions for which the card is used.
The usage of any card issued shall be in accordance with the administrative regulations and procedures outlined by the Superintendent or designee, which shall include at a minimum, the following:
All purchases made with a purchase card shall be restricted to limited amounts as set by the Superintendent or designee. Itemized transactions receipts from the vendor shall be obtained and submitted to the Finance Department.
Designated School Board personnel shall be responsible for monitoring all charges, the number and amount of purchases, vendors used, as well as detailed transaction information.
Misuse of any School Board purchase card may result in discipline and/or personal liability for dishonored, erroneous, or improper charges and may subject the holder of the card to additional civil or criminal penalties under the law.
Gasoline or Fuel
Purchases of gasoline or fuel by purchase cards shall be documented with receipt submitted to the Finance Department as soon as practicable following purchase. Documentation of the purchase shall include, at a minimum, vehicle description, number of gallons purchased, price per gallon, and identification of person filling vehicle.
Revised: September, 2016
Revised: May, 2017
Revised: December 17, 2020
Ref: 2 CFR 200 (Uniform Administrative Requirements, Cost, Principals, and Audit Requirements for Federal Awards)
48 CFR 2.101 (Definitions)
La. Rev. Stat. Ann. §§33:1321, 33:1322, 33:1323, 33:1324, 33:1325, 33:1326, 33:1328, 33:4712.7, 38:321.1, 38:2184, 38:2211, 38:2212, 38:2212.1, 38:2214, 38:2218, 38:2219, 38:2233, 38:2271, 39:1551, 39:1552, 39:1553, 39:1554, 39:1554.1, 39:1556, 39:1557, 39:1558, 39:1597, 39:1702, 39:1710
Board minutes, 12-17-20
Orleans Parish School Board