Purchasing Manual - March 2021

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PurchasingDepartmentManualMarch 22, 2021

Page 1Pursuant to Requirements in 2 CFR Part 200: Uniform Administrative Requirements, CostPrincipals, and Audit Requirements for Federal Awards, and Education DepartmentGeneral Administrative Regulations (EDGAR)The District shall comply with all EDGAR federal regulations in the management of federalgrant awards and state-administered grants, as designated by the Texas Education Agency.EDGAR CompliantThe District’s purchasing procedures are intended to comply with all federal (2CFR 200), stateand local procurement requirement, including new EDGAR Procurement Standards.For solicitations notating “EDGAR Form”, the Socorro ISD’s Purchasing Department shall beresponsible for ensuring compliance with all federal, state and local procurement requirementsand for ensuring that the district maintains an up-to-date procurement history to include, but notlimited:Independent EstimateCost and Price AnalysisAdvertisement date(s) of the procurementSelection criteria with weightsEvaluation/selection of VendorNegotiation of profit if only one (1) vendor respondedContract provisionsNot EDGAR Compliant.These solicitations shall not be utilized with federal/state mandated funds.Socorro ISD will comply with the United States Department of Agriculture (USDA)/ TexasDepartment of Agriculture (TDA) regulations.

Purchasing Manual Outline / Index1Introduction1.1Mission Statement1.2Purpose1.3Scope1.4Former Procedures1.5Responsibility1.6Organization Chart1.7Ethics1.8Conflicts of Interest1.9Governance1.10 Enforcement of Purchase Procedures234Page 2555555781012Bidding2.1Electronic Bidding2.2Competitive procurement options2.3Bid Process2.4Award Criteria2.5Emergency Purchase2.6Vendor Evaluation form2.7Bid Calendar2.8Published Commodities2.9Catalog award bids2.10 Vendor bid list2.11 Extension of awarded bids2.12 Open Records2.13 Sales taxes2.14 Suspension and g process3.1How do I make a purchase?3.2Requisitioning basics3.3Requisition types3.4Approval Routing3.5On line orders3.6Change orders3.7Request to add a vendor3.8Sole source purchases3.9Section intentionally left blank3.10 Captive purchases3.11 Payment Authorizations3.12 Technology3.13 Petty Cash uotation proceduresMicro-Purchase3030

5Contracts5.15.25.35.45.55.65.75.85.9Contracts – Common LawContract signatoriesRequest to process contracts formBoard Approval ContractsDetermination of Independent ContractorLease rental contractsService contractsContracts listBackground Checks3131323233343434346 Cooperative purchasing35-366.1Texas Procurement and Support Services (TPASS)6.2OMNIA6.3Buyboard (TASB)6.4Houston-Galveston Area Council (HGAC)6.5Region 19 ESC6.6Department of Information Resources (DIR)6.7National Joint Purchasing Alliance (NJPA)6.8West Texas Food Service Cooperative6.9Choice Partners (Harris County Dept. of Ed.)6.10 Goodbuy6.11 Central Texas Purchasing Alliance (CTPA)7 Areas of Concern7.1Program Incentives and Awards7.2Catering8 Child Nutrition Services8.1Cost Analysis8.2Procurement Methods8.3Micro-Purchase8.4Small Purchase8.5Formal Procurement Methods8.6Invitation for Sealed Bids (IFB)8.7Request for Competitive Proposals (RFP)8.8Noncompetitive Procurement Method8.9Noncompetitive Procurement—Inadequate Competition8.10Noncompetitive Procurement—PublicEmergency or Unexpected EmergencySituation8.11Noncompetitive Procurement—SoleSource8.12Identification of Sole Source Productsand/or Services8.13How Determine if the Product and/orService Is a Sole Source Procurement?373738383939404042434444444545Page 3

8.399Brand Name Sole Source PurchaseNoncompetitive Procurement—TDAAuthorizationBuy AmericanLocal PreferenceOther Regulatory Requirements forSolicitations and ContractsSolicitationSolicitation, IFB or RFPPotential Offerors/Interested PartiesInvolved in Developing a SolicitationPre-Bid Meetings for IFB/RFP ContractsPurchase CatalogSingle, Multiple, Split and “other”Contract AwardsPublic AdvertisingCooperative PurchasingAwarding the ContractAwarding a Contract to an Offeror OtherThan Lowest Cost OfferorContractsDispute ResolutionDuration of ContractProtest of ContractManaging the ContractRecords RetentionUse of Excess and Surplus PropertyRecallsBillingConflict of interest, vendorFinancial 35353535455555656575810 FAQ6011 Requisition Flow Chart6212 Vendor Registration Flow Chart6413 Bid / Solicitation Flow Chart6514 Forms6815 Policies69Page 4

Purchasing Manual1- Introduction1.1Mission StatementThe Department of Purchasing will procure a continuous supply of goodsand services at the best value, in support of Socorro Independent SchoolDistrict and its commitment to provide the best academic environmentpossible.1.2PurposeTo distribute and see the execution of the Purchasing policies andprocedures to all employees of the Socorro Independent School District,hereafter referred to as “SISD” or “District”.1.3ScopeThe scope of the District in centralizing the purchasing function is to complywith state laws and policies of the Socorro Independent School District Boardof Trustees, hereafter, called the Board. State law does not mandate thatDistrict purchase at the lowest price available in the marketplace. The lawmandates that the District purchase at the best value, meeting publishedspecifications, in accordance to the applicable competitive pricing statues andlocal Board policies. Therefore, the primary object of the PurchasingDepartment is to make purchases in compliance with the applicable statutesand policies. CFR 200.318 General procurement standards (a) The nonFederal entity must use its own documented procurement procedures whichreflect applicable State, local, and tribal laws and regulations, provided that theprocurements conform to applicable Federal law and the standards identified inthis part.1.4Former ProceduresThis manual rescinds all previous operational policies and procedures,whether written or verbal, concerning the purchasing functions.1.5ResponsibilityIt is the responsibility of the District employees involved in any aspect ofthe purchasing function to be familiar with these policies and procedures. Theemployees are to follow them in the execution of day-to-day business, and toreport any violations to their immediate supervisor. The primary staffresponsibility for compliance with procedures is assigned to the Director ofPurchasing.1.6Organization chartThe Purchasing Department performs many operations in the procurementof goods and services for the district. It is basically divided into twointerrelated sections and functions, the order processing group and thecontracting and bidding group. Please reference the attached organizationalchart.Page 5

Page 6Purchasing Department Organizational ChartSamuel GarciaDirector ofPurchasingMabel LozanoAdministrativeAssistantPurchasingGrace WallacePurchasing AgentPO Processing(Departments)Maria MoralesPurchasing AgentBids(MRO,Construction)Estella AguirrePurchasing AgentPO Processing(PrimaryCampuses)Debbie MoraPurchasing AgentBids(Instruction,Technology)Aide EscobedoPurchasing AgentPO Processing(SecondaryCampuses)Julie RosalesPurchasing AgentBidsPatty DelgadoPurchasing Agent(Child NutritionServices)Judith GonzalezPurchasing ClerkBids SectionLydia AguirrePurchasing ClerkBids SectionAs of 6/19/20

1.7EthicsThe following is from District policy DH-Exhibit.Professional Ethical Conduct, Practices, and Performance.Standard 1.1. The educator shall not intentionally, knowingly, or recklesslyengage in deceptive practices regarding official policies of the District,educational institution, educator preparation program, the Texas EducationAgency, or the State Board for Educator Certification (SBEC) and its certificationprocess.Standard 1.2. The educator shall not knowingly misappropriate, divert, or usemonies, personnel, property, or equipment committed to his or her charge forpersonal gain or advantage.Standard 1.3. The educator shall not submit fraudulent requests forreimbursement, expenses, or pay.Standard 1.4. The educator shall not use institutional or professional privilegesfor personal or partisan advantage.Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, orfavors that impair professional judgment or to obtain special advantage. Thisstandard shall not restrict the acceptance of gifts or tokens offered and acceptedopenly from students, parents of students, or other persons or organizations inrecognition or appreciation of service.Standard 1.6. The educator shall not falsify records, or direct or coerce others todo so.Standard 1.7. The educator shall comply with state regulations, written localBoard policies, and other state and federal laws.Standard 1.8. The educator shall apply for, accept, offer, or assign a position or aresponsibility on the basis of professional qualifications.Standard 1.9. The educator shall not make threats of violence against Districtemployees, Board members, students, or parents of students.Standard 1.10. The educator shall be of good moral character and be worthy toinstruct or supervise the youth of this state.Standard 1.11. The educator shall not intentionally or knowingly misrepresent hisor her employment history, criminal history, and/or disciplinary record whenapplying for subsequent employment.Standard 1.12. The educator shall refrain from the illegal use or distribution ofcontrolled substances and/or abuse of prescription drugs and toxic inhalants.Standard 1.13. The educator shall not consume alcoholic beverages on schoolproperty or during school activities when students are present.Page 7

Gifts and gratuitiesEmployees of the District shall not accept or receive gifts or gratuities fromrepresentatives of companies directly from the company. This pertains tosupplies, equipment, or construction for the District. The employees manynot promise or obligate future awards or compensation based upon gifts,gratuities, rebates or discounts given.Restrictions on certain purchasesDistrict funds will not be used to purchase personal items. Membershipsto organizations and certain subscriptions are considered personal and notallowed unless approved prior by the Superintendent or designee. Membershipsshould be for the position/entity and not the individual.1.8Conflicts of InterestSchool district employees are limited in the types of employment in which theymay be involved outside of normal school activities.1.2.3.4.An employee shall not accept or solicit any gift, favor, service, or otherbenefit that could reasonably be construed to influence the employee’sdischarge of assigned duties and responsibilities.An employee shall not have a personal financial interest, abusiness interest, or any other obligation that in any way creates asubstantial conflict with the proper discharge of assigned duties andresponsibilities or that creates a conflict with the best interest of theDistrict.Each employee shall disclose, to the best of his or her knowledge, inwriting to the Superintendent, Director of Purchasing, or designee anyfinancial or ownership interest in any business or other purchasearrangement with the district.An employee who believes he or she has or may have a conflict ofinterest shall disclose the interest to the Superintendent or designee, whoshall take whatever action is necessary, if any, to ensure that theDistrict’s best interests are protected.Page 8

Standards of ConductEmployees shall adhere to the laws, rules, regulations, policies and the followingstandards of conduct.1.2.3.4.5.6.7.Conduct business honestly, openly and with integrity.Avoid conflicts of interest situations by not conducting business witha company or firm which the official or any member of the official’sfamily has a vested interest.Avoid preferential treatment of one outside interest group, company orindividual over another.Avoid using the position for personal gain.Never accept or offer illegal payment, for goods/services rendered.Refrain from accepting gifts, free services or anything of value for orbecause of any act performed or withheld.Permit the use of school property only for officially authorized activities.Purchasing Department Internal Code of Ethics1. Avoid the intent and appearance of unethical or compromising practice inrelationships, actions and communications.2. Demonstrate loyalty to your employer by diligently following the lawfulinstructions of your employer, using reasonable care and only authoritygranted.3. Refrain from any private business or professional activity that would create aconflict between personal interests and those of your employer.4. Refrain from soliciting or accepting money, loans, credits, discounts, giftsentertainment, favors or services from present or potential suppliers.5. Handle confidential or proprietary information with due care and properconsideration of ethical and legal ramifications and governmental regulations.6. Promote positive supplier relationships through courtesy andimpartiality.7. Know and obey the letter and spirit of laws governing the purchasingfunction and remain alert to the legal ramifications of purchasingdecisions.8. Ensure that all segments of society have the opportunity to participate indistrict contracts.9. Discourage purchasing involvement in employer-sponsored programs ofpersonal purchases, which are not business related.10. Enhance the stature of the purchasing profession by improving yourtechnical knowledge and adhering to the highest ethical standards.CFR 200.318 General Procurement Standards (c) (1) In addition to avoiding conflicts ofinterest and ensuring full and open competition as described above, the District’s writtenprocurement procedures for purchases made with federal funds reflect applicable stateand local laws and regulations and conform to the following federal standards forprocuring goods and services with federal funds.Page 9

1.9GovernanceOne of the main guidelines governing the procurement function is fromthe Texas Education Code, Subchapter B. 44.031, Purchasing Contracts.(a) Except as provided by this subchapter, all school district contracts for thepurchase of goods and services, except contracts for the purchase of produce orvehicle fuel, valued at 50,000 or more in the aggregate for each 12-monthperiod shall be made by the method, of the following methods, that providesthe best value for the district:(1) competitive bidding for services other than construction services;(2) competitive sealed proposals for services other than construction services;(3) a request for proposals, for services other than construction services;(4) an interlocal contract;(5) a method provided by Chapter 2269, Government Code, for constructionservices;(6) the reverse auction procedure as defined by Section 2155.062(d),Government Code; or(7) the formation of a political subdivision corporation under Section 304.001,Local Government Code.(b) Except as provided by this subchapter, in determining to whom to award acontract, the district shall consider:(1) the purchase price;(2) the reputation of the vendor and of the vendor's goods or services;(3) the quality of the vendor's goods or services;(4) the extent to which the goods or services meet the district's needs;(5) the vendor's past relationship with the district;(6) the impact on the ability of the district to comply with laws and rulesrelating to historically underutilized businesses;(7) the total long-term cost to the district to acquire the vendor's goods orservices;(8) for a contract for goods and services, other than goods and services relatedto telecommunications and information services, building construction andmaintenance, or instructional materials, whether the vendor or the vendor'sultimate parent company or majority owner:(A) has its principal place of business in this state; or(B) employs at least 500 persons in this state; and(9) any other relevant factor specifically listed in the request for bids orproposals.(b-1) In awarding a contract by competitive sealed bid under this section, aschool district that has its central administrative office located in amunicipality with a population of less than 250,000 may consider a bidder'sprincipal place of business in the manner provided by Section 271.9051, LocalGovernment Code. This subsection does not apply to the purchase oftelecommunications services or information services, as those terms arePage 10

defined by 47 U.S.C. Section 153.(c) The state auditor may audit purchases of goods or services by the district.(d) The board of trustees of the district may adopt rules and procedures for theacquisition of goods or services.(e) To the extent of any conflict, this subchapter prevails over any other lawrelating to the purchasing of goods and services except a law relating tocontracting with historically underutilized businesses.(f) This section does not apply to a contract for professional services rendered,including services of an architect, attorney, certified public accountant,engineer, or fiscal agent. A school district may, at its option, contract forprofessional services rendered by a financial consultant or a technologyconsultant in the manner provided by Section 2254.003, Government Code, inlieu of the methods provided by this section.(g) Notice of the time by when and place where the bids or proposals, or theresponses to a request for qualifications, will be received and opened shall bepublished in the county in which the district's central administrative office islocated, once a week for at least two weeks before the deadline for receivingbids, proposals, or responses to a request for qualifications. If there is not anewspaper in that county, the advertising shall be published in a newspaper inthe county nearest the county seat of the county in which the district's centraladministrative office is located. In a two-step procurement process, the timeand place where the second-step bids, proposals, or responses will be receivedare not required to be published separately.(h) If school equipment, a school facility, or a portion of a school facility isdestroyed, severely damaged, or experiences a major unforeseen operational orstructural failure, and the board of trustees determines that the delay posed bythe contract methods required by this section would prevent or substantiallyimpair the conduct of classes or other essential school activities, then contractsfor the replacement or repair of the equipment, school facility, or portion of theschool facility may be made by a method other than the methods required bythis section.(h) If school equipment or a part of a school facility or personal property isdestroyed or severely damaged or, as a result of an unforeseen catastrophe oremergency, undergoes major operational or structural failure, and the board oftrustees determines that the delay posed by the methods provided for in thissection would prevent or substantially impair the conduct of classes or otheressential school activities, then contracts for the replacement or repair of theequipment or the part of the school facility may be made by methods otherthan those required by this section.(i) A school district may acquire computers and computer-related equipment,including computer software, through the Department of InformationResources under contracts entered into in accordance with Chapter 2054 or2157, Government Code. Before issuing an invitation for bids, the departmentshall consult with the agency concerning the computer and computer-relatedequipment needs of school districts. To the extent possible the resultingcontract shall provide for such needs.Page 11

(j) Without complying with Subsection (a), a school district may purchase anitem that is available from only one source, including:(1) an

Mar 22, 2021 · 5.3 Request to process contracts form 32 5.4 Board Approval Contracts 32 5.5 Determination of Independent Contractor 33 5.6 Lease rental contracts 34 5.7 Service contracts 34 5.8 Contracts list 34 5.9 Background Checks 34 6 Cooperative purchasing 35-36 6.1 Texas Procuremen

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