3320 - purchasing
I. DEFINITIONS
For purposes of this policy:
A. “Goods or service” includes, but is not limited to, portable classrooms, motor vehicles or materials and equipment, such as telephone systems, computers and copy machines.
B. “General services” include all services that result in a measurable end product that can be defined by bid specifications and all services used in the process of building or altering property (excluding architectural, engineering and other design services).
C. “Property” means real property or personal property.
D. “Special or Professional Services” are those that involve the furnishing of judgment, expertise, advice or effort by persons other than Newtown Board of Education (“Board”) employees, and may result in the delivery of reports, recommendations, designs, or other documents to assist the Board with a project or venture, but need not involve the delivery of a specific end product that is defined by bid specifications. Examples of Professional Services include, but are not limited to, in-service instructional leaders, pupil services personnel, special education evaluators, interpreters, tutors, computer programmers, architects, auditors, attorneys, instructional consultants, and temporary agencies. Examples of Special Services include, but are not limited to, repair services for Board property, equipment and vehicles where the nature of the repair cannot be defined in advance by bid specifications and the professional expertise of the service provider is critical.
II. REQUIREMENTS APPLICABLE TO PURCHASES OF ALL GOODS AND SERVICES
A. Consultation with Municipality Regarding Contracts for Goods or Services
After going out to bid for a good or service and receiving submissions, if the local municipality uses such good or service, the Board shall consult with the legislative body of the municipality, or in the case of a municipality for which the legislative body is a town meeting or representative town meeting, the board of selectmen, and, if the equivalent level of such good or service is provided by the municipality through a municipal contract for a lower cost than the lowest qualified bid submission received by the Board, the Board will consider a cooperative agreement with the local municipality for the provision of such good or service.
B. Consultation with Municipality Regarding Contracts for Payroll Software and Insurance
The Board will consult with the local municipality’s legislative body, or in the case of a municipality for which the legislative body is a town meeting or representative town meeting, the board of selectmen, prior to purchasing payroll processing or accounts payable software systems to determine whether such systems may be purchased or shared on a regional basis.
When possible, the Board will consult with the local municipality’s legislative body, or in the case of a municipality for which the legislative body is a town meeting or representative town meeting, the board of selectmen, regarding the joint purchasing of property insurance, casualty insurance, and workers’ compensation insurance.
III. THRESHOLD PROCUREMENT AMOUNTS
The following thresholds shall apply to the Board’s procurement of goods or general services and special or professional services.
| Anticipated Expenditure | Procedure | |
|---|---|---|
| Goods or General Services | Under $5,000 | Direct purchase from the vendor. Competitive quotes and/or bidding not required. |
| Goods or General Services | $5,000 to $50,000 | Competitive quotes required. See Section V. |
| Goods or General Services | $50,000 or more | Competitive bidding required. See Section IV. |
| Special or Professional Services | Under $10,000 | Competitive proposals not required. |
| Special or Professional Services | $10,000 to $50,000 | Informal competitive proposals required. See Section VI. |
| Special or Professional Services | $50,000 or more | Informal competitive proposals required. See Section VI. |
Purchases of goods or general services, expected to involve an expenditure of $50,000 or more must be made by sealed competitive bid. As set forth below, such purchases in the amount of at least $5,000, but less than $50,000, may be awarded by the Superintendent of Schools or designee (collectively referred to as “Superintendent”). Such purchases in the amount of $50,000 or more must be awarded by the Board.
B. Bid Specifications
When competitive bidding is required, all requirements, terms and conditions describing and detailing the goods or general services to be purchased must be included in the bid specifications. The bid specifications should define the requirements for quality of materials, equipment and/or services to be procured, and as such, they should clearly and accurately reflect the required characteristics of the goods and services. The bid specifications should also include any vendor or contractor qualification requirements, a school district contact person responsible for all communications with prospective bidders, a requirement that all communications between the school district contact person and prospective bidders be in writing and, if the purchase will require entering into a contract, a form of contract whenever possible.
The Superintendent shall develop the proposed bid specifications and other bid documents.
C. Advertising
A legal notice inviting sealed bids shall be published by the Superintendent on the website of the municipality and/or Board and in a daily local newspaper, if publication in a newspaper is required by law. At least five (5) calendar days must intervene between the date of the website and/or newspaper publication and the final date for submitting bids. The notice shall contain a general description of the goods or services being bid, the school district contact person and the day, hour and place of the bid opening and may contain other information relating to the bid including, but not limited to, where and when bid packages may be obtained.
D. Bid Openings and Awards
All bids, and bid security if applicable, must be submitted to the Superintendent in sealed envelopes and show on the face of the envelopes the bid number, the title of the bid and the bidder's name. All envelopes will be date stamped as received.
All bids shall be opened in public, and the name of the bidder(s) and total cost(s) shall be read aloud at the time stated in the legal notice. No bids shall be accepted, or opened, that were not submitted in compliance with the procedures set forth in the notice advertising the bid.
Within a reasonable time following the bid opening, the Superintendent will tabulate and analyze the bids. For contracts of at least $5,000, but less than $50,000 or amount set by the Board of Education, the Superintendent shall make a provisional award, subject to finalization of the contract or other applicable conditions, to the Selected Bidder, as that term is defined below. For contracts of $50,000 or more, the Board shall make a provisional award, subject to finalization of the contract or other applicable conditions, to the Selected Bidder, as that term is defined below.
A record of all bids submitted, giving the names of the bidders, the amounts of the bids and indicating the successful bidder, shall be preserved by the Superintendent in accordance with State law.
E. Bid Security
When, in the judgment of the Superintendent, bid security is advisable, all bids must be accompanied by security in one of the following forms - certified check, cashier's check, personal money order, letter of credit or bid bond. The requirement for, and the amount of, the security must be set forth in the bid advertisement. All security presented must show the “Newtown Board of Education" as the payee.
F. Requirements Governing Bid Awards
The award shall be made to the bidder (1) whose bid meets the requirements, terms and conditions contained in the bid specifications and (2) is deemed to meet the criteria identified below among those bidders possessing the skill, ability and integrity necessary for faithful performance of the work (the “Selected Bidder”). To be considered as a Selected Bidder, the bidder must have submitted all of the required information identified in the bid specifications. The determination of the Selected Bidder shall then be made after consideration of the objective criteria identified below and after consideration of a cooperative agreement with the municipality as described in Section I.B, above. Unless otherwise required by law, the Board reserves the right to award the bid to a Selected Bidder that is not the lowest bidder. In such instance, the reason for the selection shall be documented and preserved by the Superintendent or as may be required by law.
In determining the Selected Bidder the following criteria will be considered, as applicable:
(1) The ability and capacity of the bidder to perform the work based on an evaluation of the character, integrity, reputation and experience of the bidder. Consideration shall be given to previous work performed by the bidder for the Board or for other agencies, including the quality and degree of satisfaction with the work performed.
(2) The financial resources of the bidder and the bidder's ability to secure any required bonds and/or insurance.
(3) Compliance by the bidder with all applicable federal, state and local laws, including any licensing requirements.
(4) Delivery or completion time.
(5) Cost and/or considerations of additional value included in the proposal.
(6) Involvement in litigation.
Should a situation arise where it is impossible to distinguish between two bidders to identify the Selected Bidder, and one of the bidders has its principal place of business located within the Town of Newtown, the award will be made to the local bidder.
G. Rejection of Bids
The Superintendent has the right to reject any and all bids in whole or in part. Any or all bids may be rejected if there is any reason to believe that collusion exists among the bidders. Individual bids may be rejected for irregularities of any kind, including, without limitation, alteration of form, additions not called for, conditional bids, incomplete bids, and unexplained erasures.
The Superintendent retains the right to waive any formality or procedural irregularities in the bids received. Nothing in this Section should be construed to limit in any way the right of the Board or the Superintendent to reject any and all bids.
H. Advisement of Bid Award
Upon acceptance of the Selected Bidder, a letter will be sent to the successful bidder(s) announcing the selection of the chosen bidder. All unsuccessful bidders will be sent a letter notifying them that they were not selected.
V. GOODS OR GENERAL SERVICES: COMPETITIVE QUOTATION PROCESS
A. Purchases Requiring Competitive Quotation Process
Price quotations should be requested for all purchases of goods or general services, expected to involve an expenditure of at least $5,000 but less than $50,000. Purchases of goods or services that involve an expenditure of less than $5,000 may be made directly, without regard to any competitive bid or quotation process. Waivers from the quotation process are available for the same reasons that Waivers are available from the bidding process. (See Section VII.)
B. Process for Obtaining Quotations
Generally, quotations, either oral or written, should be solicited by the Superintendent from at least three (3) vendors or obtained from current catalogues or price sheets. The refusal of an otherwise valid supplier to quote shall qualify as a quotation. The quotation process does not require a public opening, and the Superintendent may send requests to a limited number of selected vendors. If such request includes a date for submission of quotations, vendors must furnish all of the necessary information to the Superintendent by the specified date.
The purchase shall be awarded to the provider whose proposal is deemed to best provide the good and/or services desired, taking into account cost and the project requirements, and after consideration of a cooperative agreement with the municipality as described in Section I.B, above.
VI. SPECIAL OR PROFESSIONAL SERVICES: COMPETITIVE PROPOSAL PROCESS
A. Purchases Requiring Competitive Proposal Process
Purchases of Special or Professional Services shall be made by competitive proposal should the situation warrant if the purchase exceeds the monetary thresholds set forth below. Waivers from the competitive proposal process are available for the same reasons that Waivers are available from the bidding process. (See Section VII.) Funds must be available in the proper account in order to solicit proposals.
Purchases of Special or Professional Services that are expected to be less than $10,000 shall be made directly by the Superintendent, without regard to a competitive proposal process.
B. Informal Competitive Proposal Process $10,000 to $50,000
Purchases of Special or Professional Services for at least $10,000 but less than $50,000 shall be based upon a reasonable and documented attempt to solicit proposals. Where possible, proposals should be solicited from at least three (3) potential service providers. The refusal to submit a proposal from an otherwise valid provider shall qualify as a proposal. The process shall be documented in writing by the Superintendent. If a single reasonable source exists for the service, this fact shall be documented in writing.
An evaluation of the proposals received will be made by the Superintendent. The Superintendent shall provisionally award the contract, subject to finalization of the contract or other applicable conditions, to the service provider whose proposal is deemed to best provide the services desired, taking into account cost and the project requirements. Nothing in this Section should be construed to limit in any way the right of the Superintendent to reject any and all proposals.
A record of all proposals submitted, giving the names of the service providers, the amount of the proposal and indicating the successful provider, shall be preserved by the Superintendent in accordance with State law.
C. Formal Competitive Proposal Process $50,000 or more)
A Request for Proposals (“RFP”) for purchases of Special or Professional Services for $50,000 or more shall be prepared by the Superintendent. All requirements, terms and conditions, including provider qualifications, should be included in the RFP, as well as a form of contract whenever possible. The award of any such contracts for $50,000 or more shall be approved by the Board.
The Superintendent will arrange to have a legal notice requesting proposals published on the website of the municipality and/or the Board and in a daily local newspaper, if publication in a newspaper is required by law, at least ten (10) business days prior to the deadline for submitting proposals. Whenever the Superintendent determines that the service requested is so specialized that few appropriate providers can reasonably be expected to respond to the notice, the Superintendent may substitute another means of notifying potential providers of the RFP in lieu of such website and/or newspaper notice, except as provided by law. Any advertisement or other notice of the RFP shall include the general description of the services sought and the location where RFPs may be obtained.
An evaluation of the proposals will be made by the Superintendent. The contract shall be provisionally awarded, subject to finalization of the contract or other applicable conditions, to the service provider whose proposal is deemed to best provide the services desired, taking into account cost and the requirements, terms and conditions contained in the RFP. Nothing in this Section should be construed to limit in any way the right of the Superintendent to reject any and all proposals.
A record of all proposals submitted, giving the names of the service providers, the amount of the proposal and indicating the successful provider, shall be preserved by the Superintendent in accordance with State law.
VII. WAIVERS
In certain situations the bidding, quotation and proposal processes described above may be waived even though the estimated cost exceeds the dollar threshold established by the Board. The processes identified in this policy may be waived for any of the following reasons:
(1) Only one (1) reasonable or qualified source can be identified. This shall include situations such as the purchase of copyrighted materials, software and textbooks.
(2) Time is a critical factor, and taking the time necessary to comply with the formal process would not be in the best interests of the school district.
(3) In the opinion of the Superintendent, an emergency requires the purchase of goods or services to avoid injury or damage to human life or property.
(4) A special source, including but not limited to a sale, purchasing plan, government discount or trade-in allowance, will supply a lower cost than that which would result from a bid process.
(5) A formal process would result in substantially higher costs to the school district, or inefficient use of personnel, or cause substantial disruption of school district operations.
(6) Regional or cooperative purchases.
(7) Cooperative agreement with the local municipality.
For a requesting administrator to obtain a Waiver, the requesting administrator must make a written request to the Superintendent. The Waiver must bear the signature of the requesting administrator and state the reason(s) for requesting the Waiver. Upon receipt of such request, the Superintendent will promptly notify the requesting administrator if such Waiver has been granted.
In addition, the Superintendent, in their sole determination, may grant a Waiver for any of the above-listed reasons. Upon granting such a Waiver, the Superintendent must, in writing, state the reason(s) for granting such Waiver.
VIII. PROCUREMENT OF PROPERTY AND SERVICES UNDER A FEDERAL AWARD
When procuring property and/or services under a Federal award, the Board will comply with relevant regulations in the Code of Federal Regulations, including but not limited to those described in 2 C.F.R. § 200.318 through 2 C.F.R. § 200.327, as amended from time to time, to the extent it is required to do so. See Appendix A.
When procuring property and/or services purchased with Federal funds as part of the National School Lunch Program, including Connecticut School Nutrition Program funds, the Board will comply with relevant regulations in the Code of Federal Regulations, including but not limited to those described in 2 C.F.R. § 200.318 through 2 C.F.R. § 200.327, 7 C.F.R. § 220.16, and 7 C.F.R. § 210.21 through 7 C.F.R. § 210.23, as amended from time to time, to the extent it is required to do so. The Board’s school nutrition program director, management, and staff tasked with National School Lunch Program procurement responsibilities shall complete annual training on Federal procurements standards and retain records to document compliance with this requirement. The Board shall also comply with school food authority procurement reviews and audits, as may be required and in accordance with applicable law.
IX. COMPLIANCE WITH GRANTS
When procuring goods or services pursuant to a Federal or State grant or award, the Board will comply with applicable grant or award requirements and assurances made in connection with such funds. Such requirements may include, but are not limited to, use of such funds for authorized purposes and the inclusion of required contract provisions in any contract funded by Federal or State grants.
X. AUDITS
The Board may periodically engage an independent audit firm to review the purchasing procedures outlined in this policy.
Legal References:
State Law:
Conn. Gen. Stat. §10-241c Local board of education to consult with municipality re joint purchasing of property insurance, casualty insurance and workers’ compensation insurance.
Conn. Gen. Stat. §10-241d Local board of education consultation with municipality re goods and services. Cooperative arrangements.
Conn. Gen. Stat. §10-241e Local board of education consultation with municipality prior to purchase of payroll processing or accounts payable software program.
Federal Law:
2 C.F.R. § 200.317 through 2 § C.F.R. 200.327.
2 C.F.R. § 200.81 (definition of property).
7 C.F.R. § 210.21 through 2 C.F.R. § 210.23.
United States Department of Agriculture, Food and Nutrition Service, Policy Memorandum SP 39-2017, Local Agency Procurement Reviews for School Food Authorities (June 30, 2017).
ADOPTED:June 3, 2025
APPENDIX A
Procurement Standards for the Acquisition of Property or Services
Under a Federal Award
2 C.F.R. §§ 200.317-300.327
This Appendix addresses procurements of property and services under a Federal award. Whenever these Federal Uniform Guidance Procurement Standards, as may be amended from time to time, are applicable to procurements made by the Board of Education (the “Board”), the Board shall apply the more restrictive procurement rules, to the extent it is required to do so.
| 2 C.F.R. § | FULL TEXT OF C.F.R. SECTION | BRIEF SUMMARY |
| 200.317 | Procurements by States | |
| When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non–Federal funds. The State will comply with §§ 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by § 200.327. All other non–Federal entities, including subrecipients of a State, must follow the procurement standards in §§ 200.318 through 200.327. | A State must follow the same policies and procedures when making procurements under a Federal award and when making procurements using non-Federal funds. The Board must follow 2 C.F.R. §§ 200.318 through 200.327 when making procurements under a Federal award. | |
| 200.318 | General Procurement Standards | |
| 200.318(a) | The non–Federal entity must have and use documented procurement procedures, consistent with State, local, and tribal laws and regulations and the standards of this section, for the acquisition of property or services | The Board must have and use documented procurement procedures consistent with State, |
| required under a Federal award or subaward. The non–Federal entity's documented procurement procedures must conform to the procurement standards identified in §§ 200.317 through 200.327. | local, and Federal requirements for procurements made under a Federal award. | |
| 200.318(b) | Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. | The Board must maintain oversight of its contractors. |
| 200.318(c)(1) | The non-Federal entity must maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for contract. The officers, employees, and agents of the non-Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-Federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal entity. | The Board must have written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and administration of contracts. Board officers and employees (and their immediate family members, partners, and organizations which employ or are about to employ them) must not have a financial or other interest in a contract and must not solicit or accept gifts from contractors or subcontractors. The standards of conduct must provide for disciplinary actions for violations. See Code of Conduct Governing Procurements Under a Federal Award. |
| 200.318(c)(2) | If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the non-Federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because | The Board’s conflict of interest policy must cover relationships with certain parent, affiliate, or subsidiary organizations, if any. |
| of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. | ||
| 200.318(d) | The non-Federal entity’s procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. | The Board must avoid acquisition of unnecessary or duplicative items. |
| 200.318(e) | To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the Federal government, the non-Federal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. Competition requirements will be met with documented procurement actions using strategic sourcing, shared services, and other similar procurement arrangements. | The Board is encouraged to use intergovernmental agreements or inter-entity agreements. |
| 200.318(f) | The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. | The Board is encouraged to use Federal excess and surplus in lieu of purchasing new, when feasible. |
| 200.318(g) | The non-Federal entity is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. | The Board is encouraged to use value engineering clauses in construction contracts of sufficient size. |
| 200.318(h) | The non-Federal entity must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. | The Board must award contracts to responsible contractors, after considering contractor integrity, compliance with public policy, past |
| performance, and financial and technical resources. | ||
| 200.318(i) | The non-Federal entity must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. | The Board must maintain procurement records. |
| 200.318(j)(1) | The non-Federal entity may use a time-and-materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time-and-materials type contract means a contract whose cost to a non-Federal entity is the sum of: (i) The actual cost of materials; (ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. | The Board may only use time-and-materials type contracts in limited circumstances. |
| 200.318(j)(2) | Since this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further, the non-Federal entity awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. | The Board must set a ceiling price and assert a high degree of oversight on time-and-materials type contracts. |
| 200.318(k) | The non-Federal entity alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the non-Federal entity of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the non-Federal entity unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. | The Board must be responsible for settling contract disputes and administrative issues arising out of procurements. |
| 200.319 | Competition | |
| 200.319(a) | All procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and § 200.320. | The Board must conduct procurement transactions in a manner providing full and open competition. |
| 200.319(b) | In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: (1) Placing unreasonable requirements on firms in order for them to qualify to do business; (2) Requiring unnecessary experience and excessive bonding; (3) Noncompetitive pricing practices between firms or between affiliated companies; (4) Noncompetitive contracts to consultants that are on retainer contracts; (5) Organizational conflicts of interest; (6) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and (7) Any arbitrary action in the procurement process. | Contractors that develop or draft specifications, requirements, statements of work, and invitations for bids or requests for proposals must be excluded from competing for such procurements. The Board must avoid practices that are restrictive of competition. |
| 200.319(c) | The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. | The Board is generally prohibited from using geographical preference in the evaluation of bids or proposals. |
| 200.319(d) | The non-Federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations: (1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equivalent” description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and (2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. | The Board must have written procedures for procurement transactions that ensure that solicitations (1) incorporate a clear and accurate description of technical requirements and (2) identify all requirements the offeror must fulfill and all other factors to be used in evaluating bids or proposals. |
| 200.319(e) | The non-Federal entity must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the non-Federal entity must not preclude potential bidders from qualifying during the solicitation period. | The Board must ensure all prequalified lists are current and include enough qualified sources to ensure open and free competition. |
| 200.319(f) | Noncompetitive procurements can only be awarded in accordance with § 200.320(c). | Noncompetitive procurements must be awarded in accordance with § 200.320(c). |
| 200.320 | Methods of Procurement to be Followed | |
| 200.320 | The non–Federal entity must have and use documented procurement procedures, consistent with the standards of this section and §§ 200.317, | The Board must have and use documented procurement procedures for procurements made |
| 200.321(a) | The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. | The Board must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. |
|---|---|---|
| 200.321(b) | Affirmative steps must include: (1) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources; (3) 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; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; (5) Using the services and assistance, as appropriate of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. | Affirmative steps include, among other things, placing qualified small and minority businesses and women’s business enterprises on solicitation lists; assuring such businesses are solicited whenever they are potential sources; dividing total requirements, when economically feasible, into smaller tasks or quantities; and establishing delivery schedules, where the requirement permits, which encourage participation by such businesses. |
| 200.322 | Domestic Preferences for Procurements | |
| 200.322(a) | As appropriate and to the extent consistent with law, the non–Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. | The Board will, to the greatest extent practicable, provide a preference for goods, products or materials produced in the United States. |
| 200.322(b) | For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. | |
| 200.323 | Procurement of Recovered Materials | |
| 200.323 | A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and recourse recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. | The Board must follow standards in procuring certain items over $10,000 to ensure, among other things, the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. |
| 200.324 | Contract Cost and Price | |
| 200.324(a) | The non-Federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of | The Board must perform a cost or price analysis for every procurement in excess of the simplified acquisition threshold. |
| analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the non-Federal entity must make independent estimates before receiving bids or proposals. | ||
| 200.324(b) | The non-Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and, in all cases, where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. | The Board must negotiate profit for sole-source procurements and for procurements where cost analysis is performed. |
| 200.324(c) | Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the non-Federal entity under Subpart E [Cost Principles] of this part. The non-Federal entity may reference its own cost principles that comply with the Federal cost principles. | Costs incurred or estimated costs are allowable only to the extent they comply with Federal Cost Principles. |
| 200.324(d) | The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. | The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. |
| 200.325 | Federal Awarding Agency or Pass-Through Entity Review | |
| 200.325(a) | The non-Federal entity must make available, upon request of the Federal awarding agency or passthrough entity, technical specifications on proposed procurements when the Federal awarding agency or passthrough entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a | The Board must make technical specs for procurements available upon request by the Federal awarding agency or passthrough entity. |
| solicitation document. However, if the non-Federal entity desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or passthrough entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. | ||
| 200.325(b) | The non-Federal entity must make available upon request, for the Federal awarding agency or passthrough entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: (1) The non-Federal entity’s procurement procedures or operation fails to comply with the procurement standards in this part; (2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; (3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a “brand name” product; (4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or (5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. | Upon request, the Board must make procurement documents available for pre-procurement review by the Federal awarding agency or passthrough entity in a number of circumstances. |
| 200.325(c) | The non-Federal entity is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part. (1) The non-Federal entity may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third party contracts are awarded on a regular basis; (2) The non-Federal entity may self-certify its procurement | The Board is exempt from pre-procurement review if the Federal awarding agency or passthrough entity determines that its procurement systems comply with the standards of this part. |
| system. Such self-certification must not limit the Federal awarding agency’s right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from the non-Federal entity that it is complying with these standards. The non-Federal entity must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. | ||
| 200.326 | Bonding Requirements | |
| 200.326 | For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non-Federal entity provided that the Federal awarding agency or passthrough entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: | For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold, the Federal awarding agency or passthrough entity may accept the Board’s bonding requirements if it determines that its interest is adequately protected. |
| 200.326(a) | A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptable of the bid, execute such contractual documents as may be required within the time specified. | The Board must require a bid guarantee of 5% of the bid price if the awarding agency or passthrough entity does not accept the Board’s bonding requirements. |
| 200.326(b) | A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor’s obligations under such contract. | The Board must require a performance bond for 100% of the contract price if the awarding agency or passthrough entity does not accept the Board’s bonding requirements. |
| 200.326(c) | A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided in the contract. | The Board must require a payment bond for 100% of the contract price if the awarding agency or passthrough entity does not accept the Board’s bonding requirements. |
| 200.327 | Contract Provisions | |
| 200.327 | The non-Federal entity’s contracts must contain the applicable provisions described in Appendix II to Part 200- Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. | The Board must include the Federal contract provisions in its contracts. |