NEPN/NSBA Code:  DJ  

PURCHASING 

This purchasing policy provides a guide for procurement of supplies, materials, equipment and contractual services in Lewiston Public Schools. 

All purchasing activities are to be performed in accordance with this policy and applicable laws. Any deviation therefrom must have the approval of the Superintendent and the School Committee. 

Definitions 

For the purpose of this policy, the following terms, phrases, words and derivations shall have the meaning given herein unless the context in which they are used clearly requires a different meaning. 

A.   Purchasing. Purchasing includes purchasing, renting, leasing, or otherwise obtaining supplies or services. 

B.  Supplies. Supplies shall mean and include all supplies, materials and equipment. 

C.  Services. Services shall mean and include all telephone, gas, water, electrical and power services, towel service, laundry and cleaning service, insurance, leases or rentals of all grounds, buildings, offices, space or equipment required by Lewiston Public Schools or leased or rented by Lewiston Public Schools to others, the repair or maintenance of equipment or real property owned by or the responsibility of Lewiston Public Schools. 

Purchasing Procedures 

The Business Office or a Director authorized by the Superintendent shall be responsible for supervising the purchase or contracting of all supplies and contractual services in accordance with this policy, under the supervision of the Superintendent. 

A.   Formal Competitive Bids. All supplies and contractual services except as otherwise provided herein, when the estimated cost thereof shall exceed twenty five thousand dollars ($25,000), shall be purchased by formal competitive bids from the lowest responsible bidder, after due notice inviting proposals. 

B.  Preparation. Preparation of the invitation for bids shall describe the requirements of the School Department clearly, accurately and completely, but avoid requirements which might unduly limit the number of bidders. The Controller/Business Manager or Director is authorized to develop appropriate specifications for all purchases and may utilize Lewiston Public Schools’ personnel and private vendors as necessary to accurately describe the requirements for any purchase. 

C.  Notices. For purchases of $25,000 or more, the Business Office shall place an advertisement in a local newspaper of general circulation in Lewiston or other newspapers, publications, the Lewiston Public Schools’ website, or other appropriate electronic sites. 

D.  Bid Deposits. Bid bonds will be required on all construction projects when the estimated value of work to be done exceeds $50,000; is deemed necessary by the Controller/Business Manager; or is required by federal or state law. The bid deposit required shall be included in the public notice inviting bids. Bid deposits shall be a minimum of 10% for bids under $500,000 and a minimum of 5% for bids over $500,000. Surety of the unsuccessful bidders shall be returned by the Controller/Business Manager after the bid has been awarded. A successful bidder shall forfeit any surety required by the School Committee upon failure on their part to enter into a contract within ten days after the award. 

E.  Performance & Payment Bonds. When the estimated value of work to be done is in excess of $50,000 or when deemed necessary by the Controller/Business Manager, a 100% performance bond will be required. The performance bond requirement shall be included in the public notice inviting bids or proposals. 

F.  Bid Opening Procedure. Sealed bids shall be submitted to the Controller/Business Manager or Director and shall be identified as bids on the envelope. Openings shall be in public at the time and place stated in the public notices. A record of all bids submitted shall be kept by the Controller/Business Manager or Director, and such record shall be open to public inspection during regular business hours. 

G.  Awards of Contract. Upon recommendation of the Controller/Business Manager or Director, all formal bids shall be awarded by the Superintendent. 

When the Controller/Business Manager or Director recommends a bid award to other than the low bidder and the award is $25,000or more, the recommendation shall be submitted to the School Committee for final action. 

H.  Lowest Responsible Bidder. Contracts shall be awarded to the lowest responsible bidder. In determining the lowest responsible bidder, the following factors shall be considered in addition to price: 

1.  The ability, capacity and skill of the bidder to perform the contract or provide the service required; 

2.  Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; 

3.  The character, integrity, reputation, judgment, experience and efficiency of the bidder; 

4.  The quality of performance of previous contracts or services; 

5.  The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services; 

6.  The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; 

7.  The quality, availability and adaptability of the supplies, or contractual services to the particular use required; 

8.  The ability of the bidder to provide maintenance and service for the use of the subject of the contract; and 

9.  The number and the scope of conditions attached to the bid. 

I.  Award to Other Than Low Bidder. When the award is not given to the lowest bidder, a statement of the reasons for placing the order elsewhere shall be prepared and filed with the papers relating to the transaction. 

J.  Preferential Treatment. Local vendors shall not be granted preferential treatment except if all bids received are for the same total amount/unit price, with quality and service being equal. 

K.  Tie Bids. If all bids received are for the same total amount/unit price, with quality and service being equal, the contract shall be awarded first to a local bidder and second to an in-state bidder. If neither of the above applies, the contract shall be awarded to one of the tie bidders by drawing lots in public or by using the factors in Section H above. 

L.  Rejection of Bids. The Superintendent shall have the authority to reject any and all bids when bids are deemed non-responsive, token, collusive, incomplete, or otherwise unacceptable and such action is in the best interest of Lewiston Public Schools. 

M.  Emergencies. When the public exigency will not permit the delay incident to advertising, the Superintendent may authorize immediate negotiated purchases of supplies or services necessary to protect the best interests of Lewiston Public Schools. 

N.  Formal Competitive Bids Impractical. When the specialized and professional nature of services required render the competitive bid process impractical or impossible, direct purchase may be authorized by the Superintendent.

O.  “Waiver of Competition” may be authorized by the Superintendent when the services or items are: 

1.  A single source item; 

2.  Must meet compatibility requirements with existing equipment owned by Lewiston Public Schools; 

3.  A specialized service with only one vendor available; and 

4.  A product or service is unique and easily established as one of a kind. 

P.  Documentation. The Controller/Business Manager or Director will document each waiver in as much detail as possible to show justification for each waiver. 

Q.  Authorization. After review of the criteria and documentation, the Superintendent may authorize a waiver of competition. 

R.  Negotiation Procedures and Policies. Negotiated procurements shall be on a competitive basis to the maximum extent practical. Whenever supplies or services are procured by negotiation, price quotations or other evidence of reasonable prices and other vital factors deemed necessary by the Superintendent shall be solicited from a reasonable number of qualified sources of supplies or services available, consistent with the nature and requirements for the particular supplies or services. 

S.  Decentralized Purchases. At the discretion of the Controller/Business Manager and subject to their review and approval, building administrators may make purchases in amounts not to exceed $3,500. The Controller/Business Manager shall issue such rules, procedures and forms as they deem necessary to control such purchases. They may also permit this monetary limitation to be exceeded with the approval of the Superintendent. 

T.  Purchases $10,000-$25,000. Negotiated purchases exceeding $10,000, but not exceeding $25,000 in total cost, will be supported by a record of price quotation from three competitive sources or adequate explanations justifying the absence of such competition. Such quotations may be obtained in writing, verbally, or by other means as deemed appropriate by the Controller/Business Manager. 

Special Professional Services 

A.  Architect, Engineer, Technology and Consultant Services—Policy and Procedures. All requirements for such services with an estimated cost of $25,000 or more shall be announced publicly and contracts awarded on the basis of demonstrated competence and qualifications for the type of professional services required; the technical merits of offers; and the price of services to be rendered.

B.  Small Project. In instances where the fee does not exceed $25,000, the procedures for selection may be simplified by the Controller/Business Manager in consultation with the Superintendent. The Controller/Business Manager shall select and rate three adequately qualified firms with whom they may negotiate for a fair and reasonable fee. A complete record of the reasons for selecting the qualified firms and the negotiation proceedings shall be part of the record. 

C.  Fees. No contracts shall be awarded wherein the fee is stated as a percentage of the project cost. The preferred method of establishing a fee shall be that of a firm fixed fee. Other methods may be employed if it is impossible to arrive at a firm fixed fee. 

D.  Selection. The Controller/Business Manager shall request firms engaged in the lawful practice of their profession to submit a statement of qualifications and performance data. If the anticipated fee exceeds $100,000, this data shall be evaluated by a committee appointed by the Superintendent. The selection committee shall conduct discussions with at least three firms, if possible, regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services. The committee shall select, in order of preference, no fewer than three firms deemed to be adequately qualified to provide the services required. If for sound, specific and documented reason(s), the committee decides that only one firm is qualified, the Controller/Business Manager or Director will negotiate a fair and reasonable price subject to the final approval of the School Committee. 

E.  Insurance and Bonds. All firms selected as qualified must provide evidence of insurance covering their entire scope of operation for any “error or omissions” resulting from their endeavors. The amounts of such insurance coverage shall be commensurate with the magnitude of the project under consideration and shall be established by the Controller/Business Manager. Should timely performance be a matter of importance to the School Committee, the firm selected may be requested to furnish an acceptable performance bond, and/or a reasonable “Liquidated Damages” penalty, and/or such other form of surety as may be mutually agreed upon to ensure adherence to a mutually agreed time schedule. 

F.  Award. After the selection committee has selected and rated those firms qualified for a specific project, the Controller/Business Manager shall negotiate a contract with the highest rated firm at compensation which the selection committee determines to be fair and reasonable to Lewiston Public Schools. In making this decision, the selection committee shall take into account the estimated value, scope, complexity and professional nature of the services to be rendered. Should the Controller/Business Manager be unable to negotiate a satisfactory contract with the firm considered to be the highest rated at a fee which the selection committee determines to be fair and reasonable, they will undertake negotiations with the second-rated firm. If agreement is not reached with the second firm, they will undertake negotiations with the third-rated firm. 

Should the Controller/Business Manager be unable to negotiate a satisfactory contract with any of the rated firms, the selection committee shall select and rate additional firms and shall continue negotiations in accordance with this section until an agreement is reached. 

G.  Disqualification of Bidders. The Controller/Business Manager or Director shall have the authority to disqualify bidders who failed to complete the project, or default on their bids, quotations, contracts or purchase orders from receiving further awards from Lewiston Public Schools for a stated period of time. Vendors with legal actions pending may be disqualified per discretion of Superintendent.  The Controller/Business Manager or Director will notify the bidder in writing of such disqualification, and the bidder shall have the right to appeal to the School Committee for a reversal or reinstatement. 

Procurement Methods for Federally Funded Projects 

A.  The Superintendent or their designee shall be responsible for developing, updating as necessary, and implementing a written administrative procedures manual  (hereafter, the “Federal Procurement Manual”) to govern the procurement and  purchase of property, goods, and services using any federal award that is subject to the Uniform Grant Guidance, codified at 2 CFR Part 200 (“UGG Federal Award”). The Federal Procurement Manual shall be consistent with all applicable federal  laws and rules. 

B.  Notwithstanding any policy provision to the contrary, the procurement and purchase of property, goods, and services using a UGG Federal Award, in whole or in part, must comply with the Federal Procurement Manual. Wherever this policy or any of the school unit’s administrative procedures are inconsistent with federal laws or rules, the provisions of the federal laws or rules shall control. 

General Purchasing Rules 

A. Requisition. Purchases involving the immediate encumbrance of funds shall be made only on a written requisition using the requisition system in place. 

B.  Revisory Power. The Controller/Business Manager or Director within the line of approval shall examine each requisition and shall have the authority to revise it as to quantity, quality or estimated cost; but revision as to quality shall be only with the approval of the Superintendent. 

C.  Appropriation Required. No purchase of supplies or services not provided for in the annual appropriation resolve as approved by the City Council shall be made. 

D.  Unauthorized Purchases. It shall be unlawful for any employee to purchase any supplies or services other than in accordance with these policies. 

E.  Cooperative Purchasing. The Controller/Business Manager or Director shall have the authority to join other units of government (federal, state, county, municipal and municipal subdivisions, including quasi-municipal agencies) in cooperative purchasing plans when the best interests of Lewiston Public Schools would be served thereby and such action is in accordance with applicable laws. 

F.  Other Controller/Business Manager Duties. The Controller/Business Manager shall perform such other duties related to the functions, duties and authorities set forth herein, as may be prescribed by the Superintendent and any applicable laws. 

Legal Reference: 5 MRSA § 1743-A 

20-A MRSA § 1001.14; 5401.13D; 5402 

§ 13C (Maine State Board of Education Rules for School Construction) 

34 CFR Parts 74 and 80 (Education Department General Administrative 

Regulations (“EDGAR”)) (for federal awards made prior to 12/26/2014) 

2 CFR Part 200 (Uniform Administrative Requirements) (for federal  awards made on or after 12/26/2014) Cross Reference: DJH – Purchasing and Contracting: Procurement Staff Code of Conduct DJ-R – Federal Procurement Manual 

Adopted: June 7, 2000 

Reviewed: October 17, 2011 

Revised: September 10, 2012 

Reviewed: January 5, 2015 

Revised: May 22, 2017 

Revised: November 5, 2020