CH(L)-X-057905 [/Revisions/Numbered Updates/SD.RRM.39 ...

?-1097280-1372235Board AuthorityThe Board of Trustees (“Board”) of the Dallas Independent School District (“District”) has adopted these rules and procedures for the acquisition of all goods and services. Additional procurement requirements that apply to renovations, alterations, new buildings, and other construction contracts are outlined in the CV policy series.Board ApprovalThe Board requires that all transactions and/or contracts that have a value of $150,000 or greater, singly or in the aggregate per fiscal year, be approved by the Board. The District will submit to the Board annually a list with all purchases under $150,000. In the case of an approved cooperative vendor, the Board requires that all transactions and/or contracts that have a value of $250,000 or greater, singly or in the aggregate per fiscal year, be approved by the Board. For any single purchase through a cooperative of $250,000 or greater, the District will solicit multiple proposals from at least three cooperatives.All interlocal agreements require Board approval.DelegationThe Superintendent has the authority to delegate any assigned duty allowed by law reflected in this policy.Purchasing Authority and Selection of Procurement MethodPursuant to Texas Education Code Section 44.0312, the Board delegates to the Superintendent of Schools the authority to determine the method of purchasing that provides the best value for the District for all purchases of goods and services.Contracts for professional services and items that are available from only one source shall be governed by state law, except as otherwise required by federal law or this policy.The Superintendent of Schools is responsible for the creation and maintenance of a Purchasing Manual, aligned to this policy, that will cover substantive and procedural procurement matters that are not specifically addressed by this policy. Unless otherwise determined by the Board, the Board shall annually review the Purchasing Manual with all changes documented to ensure that the procedures provide the best value for the District.Signature AuthorityExcepting documents required by state law to have the Board President’s signature, the Board delegates to the Superintendent of Schools signature authority for all District contracts. The Superintendent of Schools may provide for designees to sign contracts at appropriate amounts by publishing a regulation or written delegation.Emergency PurchasesThe Superintendent of Schools shall implement such procedures as may be necessary to provide for emergency replacement or repair of equipment, a school facility, or part of a school facility in accordance with the requirements of the Texas Education Code Section 44.031(h).Definition of EmergencyAn emergency is an unforeseen combination of circumstances that calls for immediate action. The mere necessity for quick action does not constitute an emergency when the situation calling for such action is one that reasonably should have been anticipated. An emergency is a situation arising suddenly and unexpectedly, not caused by any neglect or omission of the person in question, which calls for immediate action. An emergency or urgent public necessity exists only when immediate action is required of the Board because of an imminent threat to public health and safety or a reasonably unforeseen situation.Waiver of Board Approval and Policies in an EmergencyIn a declared emergency, emergency purchases do not have to have Board approval, as required for nonemergency purchases of $150,000 or greater. Further, Board approvals and policy regulations not required by statute are considered waived in a declared emergency. The Superintendent of Schools may take actions he or she deems reasonable and may submit these actions to the Board at a subsequent meeting for ratification.Applicable to All Proposals or Statements of Qualification and Requirements of ResponsesSubmission of a response indicates prospective contractor’s or vendor's acceptance of the evaluation technique and their recognition that some subjective judgments must be made by the District during the assigning of points and consideration of a proposal. The judgment of the evaluators is not subject to appeal. As defined by federal and state law, during the bidding process, the Purchasing Department may publish additional requirements, permissions, or restrictions to conform to current financial practice, electronic commerce system requirements and abilities, specific legal or practical requirements, and other pertinent information.Bids or proposals that the District has chosen to accept through electronic transmission shall be administered in accordance with Texas Government Code 252.0415. The District will establish rules to: Safeguard the integrity of the competitive procurement process; Ensure the identification, security, and confidentiality of electronic bids or proposals; and Ensure that the electronic bids or proposals remain effectively unopened until the proper time. An electronic bid or proposal is not required to be petitive BiddingIf competitive bidding is chosen as the purchasing method, the Superintendent of Schools shall prepare bid specifications. The bid shall be advertised in accordance with Texas Education Code 44.031(g). [See CHE(LEGAL)]All bids shall be submitted in sealed envelopes, plainly marked with the name of the bidder and the time of opening. All bidders shall be invited to attend the bid opening. Any bid may be withdrawn prior to the scheduled time for opening. Bids received after the specified time shall not be considered.For purchases between $10,000 and $50,000, the District will obtain three written petitive Sealed ProposalsIf a competitive sealed proposal is chosen as the procurement method, the Superintendent of Schools shall prepare the RFPs and/or specifications for items to be purchased. The proposal shall be advertised in accordance with the Texas Education Code 44.031(g). All proposals shall be submitted in sealed envelopes, plainly marked with the name of the proposer and the time of opening. Proposals received after the specified time shall not be considered. Proposals shall be opened at the time specified, and all proposers shall be invited to attend the proposal opening. Proposals may be withdrawn prior to the scheduled time for opening. Changes in the content of a proposal, and in prices, may be negotiated after proposals are opened.Sole-Source ItemsItems considered to be available only from one source as defined by Texas Education Code Section 44.031 shall be required to have further supporting documentation, including advice from legal counsel, prior to issuing a commitment to purchase. The Superintendent of Schools may determine if competition is being restricted and may direct necessary changes when complying with educational specifications and guides for example, but not limited to, where performance criteria is indicated for an item by listing a single brand or manufacturer.Right of RejectionThe District has the absolute right through the Board, its representatives, agents, and designees, at its sole discretion, to reject any and all bids, proposals, competitive sealed proposals, statements of qualification, or other submittal when deemed in the best interests of the District, and at any time up to the entering of an agreement or an authorized transaction. At the time of Board approval, the District will inform the Board of any bids that were rejected. Right to ProtestAny bidder or proposer who is aggrieved in connection with a procurement, excepting right of rejection, may protest according to the protest procedures set forth in the Purchasing Manual, which shall be made publicly available on the District’s website or made available, per request, by email. If any changes or adjustments are made, the District will immediately post on the District’s website and make available, per request, by email. SanctionsViolation of any procurement-related program policies, procedures, or contractual obligations may result in any one or more of the following sanctions imposed by the Superintendent of Schools: LISTNUM \l 1 \s 0 Administrative Warning.Administrative Reprimand.Loss of points on future bids.Denial of opportunity to bid on future quotation or proposals.Debarment from participating in future contracts.Responsibility for DebtsThe Board shall assume responsibility for debts incurred in the name of the District so long as those debts are for purchases and services made in accordance with adopted Board policy and current administrative procedures. The Board shall not be responsible for debts incurred by persons or organizations not directly under Board control; persons making unauthorized purchases shall assume full responsibility for all such debts.Contract AmendmentsFor service contracts valued at less than $150,000, the Superintendent of Schools may authorize and approve any contract amendment unless the amendment would increase the value of the contract to $150,000 or more, in which case Board approval is required. In the case of an approved cooperative vendor, for service contracts valued at less than $250,000, the Superintendent of Schools may authorize and approve any contract amendment unless the amendment would increase the value of the contract to $250,000 or more, in which case Board approval is required.For service contracts valued at $150,000 or more, the following approval process shall apply. If a contract amendment is the result of a hidden or unforeseen condition, force majeure, or for a savings in cost, the Superintendent of Schools is authorized to execute the amendment, and transfer the necessary funds, and submit the changes to the next Board meeting for ratification. In the case of an approved cooperative vendor, for service contracts valued at $250,000 or more, the following approval process shall apply. If a contract amendment is the result of a hidden or unforeseen condition, force majeure, or for a savings in cost, the Superintendent of Schools is authorized to execute the amendment, and transfer the necessary funds, and submit the changes to the Board for ratification. Any other contract amendment must be approved by the Board prior to the commencement of any work covered by the proposed amendment.Accepting or declining an option year of a contract by amendment, if authorized by prior Board resolution, is not considered an aggregate increase.Unless expressly waived by the Board, contract amendments that do not result in an aggregate increase exceeding 25 percent of the original contract amount shall be submitted to the Board for approval. Contract amendments in excess of 25 percent shall be submitted to a separate competitive procurement.Required Contract ProvisionsStandard contract forms and procurement documents shall contain provisions for prohibiting indemnification by the District of a vendor or supplier; prohibiting arbitration; and requiring a funding out clause at the end of each budget year; as well as requirements for venue in Dallas County, Texas, and Texas state law as governing law.Full and Complete Release of DistrictThe Board, as a condition to entering into an agreement, purchase order, or other financial obligation, may require the bidder, contractor, proposer, their agents, or their successors or assigns (respondent or respondents) to provide a full and complete release of the District from any and all claims, demands, and causes of action whatsoever that respondents have or may have against the District under provisions of any prior contract or agreement.The respondent shall not contract with any consultant, person, or firm without requiring of the consultant, person, or firm a full and complete release of the District from any and all claims, demands, and causes of action whatsoever that any consultant, person, or firm has or may have against the District under provisions of any prior contract or agreement or theory.At the District’s request, sufficient written and binding evidence of compliance with these requirements shall be submitted to the District, including copies of contracts or agreements with any consultant, person, or firm for the anticipated agreement.Failure of a consultant, person, or firm to comply with the respondent or respondent’s successors or assign request for release of the District as described herein shall cause the District to reject the employment by the respondent or the respondent’s successors or assigns of the consultant, firm, or person as stated elsewhere in this policy.Technology Services ApprovalNo campus or department may initiate any transaction for any goods, services, or equipment, including pilot programs, relating to the technology program of the District, including, but not limited to, software, professional services, networks, hardware, programmers, and service personnel, unless approved by the Superintendent for compatibility and compliance with the District Technology Plan as stated in the current Board-adopted District Improvement Plan or its successor document.E-Rate Compliance Officer Approval RequiredNo request to purchase E-Rate eligible goods, services, equipment, or pilot programs, for which the District will seek E-Rate reimbursement, shall be submitted to the Board for final approval unless the E-Rate compliance officer has previously reviewed the request and issued a written approval. The E-Rate compliance officer’s approval shall be sought only after the E-Rate purchase request has first been approved by the Superintendent of Schools.Minority- and Women-Owned Business Enterprise ProgramThe term “minority-/women-owned business” (M/WB) means a business in which at least 51 percent is owned, operated, and controlled by members of a minority group or women—or in the case of a corporation, at least 51 percent of the shares are owned by members of a minority group(s) or women in its daily operations. Minority groups include the ethnic minorities recognized by the certifying organizations listed in this policy.M/WBE Program and Guidelines It is a continuing goal of the District to involve minority- and women-owned businesses in a legal and meaningful way in all facets of the District's contracting and purchasing activities. The District’s aspirational M/WBE goal is 30 percent of the total dollar value of all contracts for goods, services, and construction. For bond-funded contracts, the District’s aspirational M/WBE goal for construction is 30 percent and 35 percent for professional services. Additionally, the M/WBE goal is applicable to any change orders, modifications, and/or revisions to the original contract. In order to help achieve the District’s aspirational M/WBE goal, the District will assign 20 percent of the points used to evaluate bids/proposals toward M/WBE considerations. All purchases and transactions shall follow the guidelines specified in the M/WBE Program Guidelines. [See the M/WBE Guidelines for detailed requirements and procedures for this program, which includes duties and responsibilities District-wide.] The M/WBE Program Guidelines shall be incorporated into a separate section of the Purchasing Manual but shall be displayed as a separate process and section. The Board delegates to the Superintendent of Schools the overall responsibility to interpret, administer, and enforce the M/WBE Program Guidelines, definitions, criteria, and procedure in a manner to achieve their stated objectives and purposes.The Superintendent of Schools shall report to the Board on a quarterly basis, or as directed, regarding the District’s progress toward satisfying the M/WBE program policy objectives and to make recommendations for any necessary adjustments or amendments to the policy and administration of the program to fully effectuate its purposes.M/WBE Advisory CommitteeThe Board shall appoint an M/WBE advisory committee. Each Trustee shall have the right to appoint two members to the advisory committee. Members of the committee shall be limited to a maximum of two terms. If a committee member attempts to become a District vendor during his or her term, such as by submitting a bid or proposal for District work or otherwise receiving compensation for services to the District, that member shall immediately resign and the Trustee shall appoint a new member. The members shall not be a current District vendor (or an owner, officer, director, employee, or independent contractor of a current District vendor). For the purposes of this section, employees and members of organizations such as Chambers of Commerce, contractors’ associations, M/WBE advocacy organizations, and minority advocacy organizations are not considered “current District vendors” if the only relationship is that the District pays membership dues to that organization.Federal/State RequirementsPolicies, procedures, and contract clauses required under applicable federal/state regulations are hereby specifically incorporated under the District's M/WBE program. All federal/state requirements shall be specifically passed on to the District's contractors and shall be in full compliance. The District's M/WBE Department shall have the responsibility for implementation, coordination, monitoring, compliance, and reporting with applicable federal/state requirements.M/WBE Certifications And ListingsVendors do not have to be certified as M/WBE to participate in the District’s contracting and purchasing activities. However, only “certified” M/WBEs may be counted toward meeting the District’s M/WBE goal at the subcontracting level. Bidders/proposers may not apply one of its subsidiary companies or its own workforce toward meeting its M/WBE subcontracting goals. As a result, the District strongly recommends and encourages M/WBE certification(s).The District shall recognize the following certifications for M/WBEs firms:NCTRCA;State of Texas Historically Underutilized Business (HUB);Department of Transportation (DOT);Small Business Administration (SBA) 8A or SDB;South Central Texas Regional Certification Agency (SCTRCA);City of Houston;Corpus Christi Regional Transportation Authority;Texas Department of Transportation;Dallas/Fort Worth Minority Business Council;National Minority Supplier Development Council;Women’s Business Council;City of Austin; and Other certifying agencies on an individual basis.Reporting of ConcernsAll concerns related to a violation of these policies and procedures, whether by a District employee, a Trustee, or a vendor, should be reported to the District’s hotline. [See CAA (Local)]Adoption Or Last Amendment DateThis policy was last amended on February 27, 2020. ................
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