Policy 4050 – Procurement of Goods and/or Services

Provisions of this policy will apply to all HCPSS funds, including but not limited to, school activity funds, grants, and monetary donations except as explicitly exempted in the policy.

Procurement of goods and/or services will:

General Procurement

Other regulatory considerations for procurement and contracts:

The Office of Purchasing will:

School-sponsored events as determined by the Office of Purchasing may be exempt from this policy.

All HCPSS employees engaged in procurement activities for HCPSS programs and/or activities are responsible for understanding the provisions of this policy and implementation procedures, and the Procurement Manual.

The Board authorizes the use of purchasing cards consistent with the purposes and responsibilities in the Procurement Manual to expedite small dollar purchases for materials, supplies, and other items needed for daily operations or for authorized travel.

The process to review HCPSS contracts will be presented and discussed with the Board’s Audit Committee.

Project managers are HCPSS employee representatives who are responsible for the day-to-day monitoring of contract-related requirements after the contract has been awarded. The project manager is the primary contact for the vendor in relation to the contract. HCPSS divisions will appoint a project manager for all procurements that require a formal solicitation. At a minimum, a project manager is required for all service-related contracts regardless of the value of the contract.

The Superintendent/designee will establish the acceptable procurement method and process for establishing contracts at the threshold levels set in this policy and implementation procedures.

The Superintendent/designee will establish manuals or other documentation to inform all HCPSS employees and community members of the appropriate expenditure of funds.

All HCPSS employees will follow this policy and implementation procedures and comply with Policy 2070 Ethics and HCPSS Ethics Regulations.

The Budget Office will ensure sufficient funding authority has been appropriated for the procurement of goods and/or services.

Responsibility for the performance of the contract will reside with the program manager in the office that requested the solicitation. The program manager will do the following:

The Director of Procurement and Materials Management/designee will have signature authority to execute contracts under this policy.

The Office of Purchasing annually, will report to the Board a review of the procurement services to include, but not limited to:

Contract – A legally binding agreement or Memorandum of Understanding, between the Board and a vendor, merchant, consultant, organization, entity, or business, for money or other consideration for the procurement or disposal of goods, services, or construction.

Donations – Equipment, materials, money, or property given to a school or to the school system, without compensation or other consideration, for use in or in conjunction with educational or extracurricular programs or activities with no expectation of return and become the property of the Board.

Emergency Procurement – The awarding of a contract due to a sudden of a serious, urgent, and threatening nature that demands immediate action to avoid termination of essential services or a danger to life, health, safety, or property condition.

Formal Solicitation – A formal invitation to receive quotes, in the form of a request for proposal or an invitation to bid.

Goods – Tangible commodities provided to the Board in exchange for payment.

HCPSS Employee – Any individual who is a permanent or temporary employee of the HCPSS whose compensation is paid in whole or part by the Board, including but not limited to, school-based administrators, teachers, substitute teachers, paraeducators, and other school-based and Central Office support staff.

Intergovernmental Purchase – The acquisition of goods or services from another government agency such as the county, state or other public entities, allowing the school system and other jurisdictions to standardize and share specifications, technical services, and procurement information provided the goods or services meet the desired specifications and prices.

Key Performance Indicator (KPI) – A critical (key) indicator of progress toward an intended result that provides a focus for strategic and operational improvement, creates an analytical basis for decision making, and helps focus on attention on what matters most.

Local Business – A Howard County business with (a) a substantial presence in the County’s geographical boundaries; (b) fully operational for twelve consecutive months and; (c) has a valid business tax certificate.

Memorandum of Understanding (MOU) – For the purposes of this policy this is an agreement between parties often used to clarify terms and may be used as a basis of a future formal contract or deed.

Minority Business – A business that is at least fifty-one percent (51%) owned, operated, and controlled by minority group members, who are citizens of the United States. Controlled means that the minority owner(s) must exercise actual day-to-day management of the business. Minority groups covered by this procedure include African-Americans, Hispanic-Americans, Asian-Americans, and Native American Indians.

Procurement – The process of obtaining goods and/or services.

Procurement Methods – Method by which goods, services, or materials may be acquired, and which are determined by HCPSS Board policy threshold levels.

Purchasing Card – A type of credit/commercial card issued to an individual HCPSS employee, department, or school for making authorized purchases within certain limits.

Purchasing Cooperative – Participation in or use of a contract for goods and/or services that are awarded by other public agencies or by intergovernmental purchasing organizations.

Quotation – A written offer by a supplier that includes the supplier’s name, contact information, brief description of work, associated price and date for delivery or completion of work.

Response – A written or verbal quote, bid, proposal, or offer.

School Activity Funds – All cash funds held in the name of a school including fundraising proceeds, cash donations, funds transferred from the Board, and funds provided to a school not allocated through the Board budget.

Services – The rendering of time, effort, or work rather than the furnishing of a specific physical product. Includes, but is not limited to, the professional, personal, and/or contractual services provided by architects, engineers, attorneys, accountants, physicians, consultants, appraisers, land surveys, and where services are associated with the provision of expertise or labor, or both.

Single Source – A contract for the procurement of goods and/or services entered in which two or more vendors can supply the commodity, technology and/or perform the services required by an agency, but one vendor is chosen over the others because of past and demonstrated experience and/or uniqueness of the service or goods provided. Single source contracts are limited to a 12-month term.

Small, Local, Minority, and Women Owned Business Participation – The inclusion of these business enterprises as either prime or subcontractors in Board contracts.

Small Business – A business that (a) meets the size standard set by the Howard County for small businesses; (b) is an independent business headquartered in Howard County; (c) has a substantial presence within Howard County’s geographic boundaries; (d) is a full operation conducting business for at least 12 consecutive months, and; (e) holds a valid business tax certificate.

SMART Goals – Goals that are specific, measurable, achievable, relevant and time-bound.

Sole Source – A contract for the procurement of goods and/or services entered in which only one supplier can provide the commodity, technology and/or perform the services or provide the goods required. Sole source contracts are limited to a 12-month term.

Solicitation – A requirements document that outlines the procurement process and selection criteria to obtain goods and/or services to be delivered or completed that is formally advertised to the general public.

Solicitation Threshold – The dollar amount if equaled or exceeded, requires a formal solicitation.

Specifications – A clear, complete, and accurate description of the goods and/or services required in a procurement activity.

Supplier – A person or entity providing goods and/or services.

Women Business – A business that is a least fifty-one percent (51%) owned, operated, and controlled by a woman or women, who are citizens of the United States. Controlled means that the woman owner(s) must exercise actual day-to-day management of the business.