skip to main content

HCPSS / POLICIES

Policy 4050 Implementation Procedures - Procurement of Goods and/or Services

Policy Document

Implementation Procedures

I. Implementation Procedures Statement

The purpose of Policy 4050 Implementation Procedures is to provide clarity and instruction for procuring goods and/or services necessary to support the educational and auxiliary departments of the school system. Implementation procedures also ensure that the procurement function and processes follow best practices and that prudent procurement decisions made on behalf of the Howard County Public School System (HCPSS) are made with the utmost consideration for what is in the best interest of the HCPSS. It is the individual responsibility of each employee involved in the procurement process to understand the policies upon which these procedures are based and the meaning and intent of the procedures themselves.

II. Procurement Manual

The Purchasing Office will maintain an effective Procurement Manual to assist HCPSS employees in accordance with Policy 4050 and for the purposes of:

  1. Establishing the legal authority of procurement within the school system.

  2. Simplifying, clarifying, and reflecting the regulations and policies governing procurement.

  3. Establishing uniform procurement guidelines throughout the school system.

  4. Building public confidence in public procurement.

  5. Ensuring fair and equitable access for individuals who use the procurement system.

  6. Providing for increased efficiency, economy, and flexibility in public procurement activities and fully maximizing the purchasing power of the school system.

  7. Fostering effective broad-based competition from all segments of the supplier community.

  8. Safeguarding the integrity of the procurement system and protecting against corruption, waste, fraud, and abuse.

  9. Ensuring appropriate public access to contracting and purchase information.

  10. Fostering compliance with legal requirements (e.g., equal employment opportunities, etc.) in the policies and practices of suppliers and subcontractors wishing to do business with the school system.

III. Method of Procurement

  1. All procurements, regardless of the method used, will include the following basic elements:

    1. Scope of work and/or specifications in sufficient detail

    2. Date for delivery of goods or completion of services

    3. Pricing format, if applicable

    4. Approval and signature by authorized individuals

    5. Identified source of proposed funding

    6. Selection criteria

  2. All procurement of goods and/or services for the HCPSS will be made pursuant to one of the competitive purchasing methods, dependent upon the total dollar amount of the purchase, as set forth in the policy.

  3. The criteria to determine the appropriate procurement method are defined as follows:

    1. Procurement of goods and/or services costing up to, but not exceeding $10,000 in aggregate value per year will only be considered after receipt of at least one written quotation by the Purchasing Office and may reflect the lowest price available given the situation. This purchase will be initiated by using an approved HCPSS purchase order.

    2. Procurement of goods and/or services costing $10,000 and above, but less than the solicitation threshold of $50,000 in aggregate value per year will only be considered after the receipt of three written quotations by the Purchasing Office. Contracts will be awarded to the lowest bidder who confirms to specifications with special consideration given to: quantities involved, time required for delivery, purpose for which required, competency of the bidder to perform satisfactory service, if applicable. This contract will be formulated by the use of an approved HCPSS purchase order or other acceptable contract form approved by the Purchasing Office. Documentation of written or verbal quotations must be attached to the purchase requisition paperwork.

    3. Procurement of goods and/or services for amounts equal to or above the solicitation threshold of $50,000 require a formal solicitation and approval from the Board.

  4. Competitive procurement is not required when:

    1. The need for services complies with the definitions of Sole Source, Single Source, or Emergency Procurement.

    2. The procurement is made through contracts formally solicited and obtained by the State of Maryland, the federal government, or some other governmental agency pursuant to that agency’s competitive procurement policies.

    3. The procurement is for personnel employment services rendered by full-time or part-time employees who are under the control of the Board and are paid wages for their services.

    4. The procurement is a continuation of an existing purchase agreement, bid, request for proposal, time and material contract, rental, lease, or purchase order duly authorized by the Board.

    5. The procurement is for maintenance services from the original vendor or an authorized agent of the original vendor and these services cannot be competitively bid.

    6. The procurement is for additional orders of like equipment, materials, supplies, services, rentals, or leases previously approved, provided the additional order is at the same or a lower price, or the original contract included an automatic price adjustment based on the Consumer Price Index or the Producer Price Index for commodities and services. This does not apply for additional orders if unit prices have increased.

    7. The procurement is for Workers Compensation and Risk Management insurance claims made under existing legal policy or contract requirements, provided Board funds are available.

    8. The procurement is for Special Education and other legally mandated student services that are required by state or federal law, provided there are budgeted funds available.

  5. Procurement related to professional services will be awarded in the manner best suited to allow a full assessment of professional abilities and other relevant criteria, while also ensuring an open and fair selection process that engenders public confidence. Competitive bidding seldom will be the best method for selecting professional services.

  6. Sole source procurement of goods and/or services will be permitted only if the required goods or services can only be obtained from one source in the marketplace. Such goods or services will usually be of a unique nature and have performance characteristics that can only be obtained from that source.

  7. Single source procurement of goods and/or services will be permitted only if the required goods or services can only be obtained from one source among others in a competitive marketplace for a substantial reason such as compatibility or standardization provided a reasonably diligent search has been made for other vendors or other appropriate information has been obtained to determine a vendor’s single source status.

  8. Emergency procurement of goods and services will be permitted only if the procurement is necessitated by an emergency, defined as any situation that threatens to jeopardize the health, welfare of students, employees, the HCPSS or the public, or the loss of an essential HCPSS service, including but not limited to interruption of the instructional program. Such emergency purchases will be made with as much competition as is practicable under the circumstances. Emergency purchases of $50,000 or more require prior approval by the Superintendent/designee and timely notification to all Board members.

    Not later than the next regular meeting of the Board following the emergency purchase, any contract or procurement awarded in an emergency situation will be ratified by the Board. The Board will receive a written report describing the nature of the emergency, services procured under the contract or procurement, the selection process for the provider, the name of the provider, and the amount of the purchase.

  9. Procurement of goods and/or services will not be manipulated to avoid taking bids as required by law, HCPSS policy or procedures. Small orders of similar commodities or significant underestimation of needs will be considered an attempt to avoid the bid process.

  10. The Purchasing Office will take affirmative steps to increase utilization of qualified small, local, minority, and women owned business enterprises, including but not limited to:

    1. Placing these enterprises on solicitation lists.

    2. Assuring that these enterprises are solicited whenever they are potential sources.

    3. Using services and assistance, as appropriate, of such organizations as the Howard County Economic Development Authority (HCEDA).

IV. Award or Rejection of Contracts

  1. If the cost of any item or group of related items and/or service(s) is for an amount above the solicitation threshold, the Board, at least two weeks before bids are filed, will advertise for bids in a medium accessible to the general public (which includes a newspaper of general circulation in the region, the eMaryland Marketplace, or comparable state publication), or a posting on an electronic bid board and a physical posting in the Purchasing Office.

    1. Contracts for amounts above the solicitation threshold can only be made after the receipt of formal sealed responses and the approval of the Board.

    2. Awards of contracts under the solicitation threshold will be approved by the Superintendent/designee.

  2. Vendor responses to Requests for Proposals (RFPs) for HCPSS contracts will be evaluated by an evaluation committee, as outlined in the Procurement Manual, who are required to complete a non-disclosure/non-conflict of interest agreement. Predetermined evaluation considerations include:

    1. Quantities involved

    2. Time required for delivery

    3. Purpose for which it is required

    4. Competency and responsibility of the bidder

    5. Ability of the bidder to perform satisfactory service

    6. Plan for utilization of small, local, minority and women owned business enterprises

    7. Past performance of bidder

  3. A contract for the procurement of goods and/or services will be awarded to the lowest responsive and responsible bidder who conforms to or exceeds specifications. Justification and documentation of any contract awarded to an offeror other than the lowest responsive and responsible bidder will be provided, setting forth the reasons why such award is in the best interests of the HCPSS.

  4. Firms not awarded a contract as a result of a formal solicitation will be issued a notice of non-award.

  5. A contract entered into or purchase made in violation of §5-112 of the Education Article of the Annotated Code of Maryland and Policy 4050 Procurement of Goods and/or Services is void.

V. Signing of Contracts

  1. Contracts for amounts at or above the solicitation threshold of $50,000 are executed by the Board Chair/designee and the Superintendent/designee as appropriate.

  2. For contracts below the solicitation threshold:

    1. The Purchasing Office will provide appropriate comprehensive training for all HCPSS employees involved in procurement, including but not limited to training on school activity funds, purchasing cards, Key Performance Indicators (KPI’s), contract management and performance, conflict of interest, and compliance with laws and regulations.

    2. The Superintendent/designee will approve all contracts for Board budgeted funds.

    3. In collaboration with the Purchasing Office, principals will approve all contracts for school activity funds.

VI. Contract Management

  1. The Purchasing Office will implement and maintain a contract management system that will serve as a means or repository for storing all contracts, including school-based contracts paid with school activity funds and all MOU’s.

  2. The Purchasing Office will develop and maintain appropriate KPI’s to align with the HCPSS’s strategic goals and be used to measure specific aspects of the procurement function.

VII. District Level Implementation

  1. The Superintendent/designee will oversee implementation and compliance with this policy, including:

    1. Conduct periodic evaluations and report on systemwide compliance with the policy.

    2. Conduct periodic, systemwide review and assessment of this policy and other related HCPSS policies on their effectiveness and, based on this assessment, propose policy revisions.

    3. Retain records documenting compliance with the requirements of the policy.

    4. Document accurate and complete records as to the performance of any contractor/vendor so that "failure to perform" can be well established.

    5. Retain bid files, purchase orders, requisitions and appropriate supportive documentation for a period of not less than five (5) years.

  2. The Superintendent delegates the following powers and duties to the Director of Procurement and Materials Management/designee:

    1. The Director of Procurement and Materials Management/designee will serve as the public purchasing official for the HCPSS.

    2. The Director of Procurement and Materials Management/designee will establish procedures governing the school system’s purchasing functions with the written approval of the Superintendent/designee.

    3. The Director of Procurement and Materials Management/designee will purchase or supervise the purchasing of all goods and services needed by the school system.

    4. The Director of Procurement and Materials Management/designee will ensure compliance with HCPSS policy and the procedures governing the HCPSS’s purchasing functions established in accordance with HCPSS policy by reviewing and monitoring purchases conducted by any designee, school, department or official delegated authority under this policy.

    5. The Director of Procurement and Materials Management/designee will ensure that the HCPSS policy, procedures and practices conform to accepted public purchasing policies and procedures.

    6. The Director of Procurement and Materials Management/designee may delegate authority to designees or to any school, department or official as required to assist in the performance of their duties.

  3. Any powers and duties not so delegated to the Director of Procurement and Materials Management/designee will remain with the Superintendent/designee.

VIII. Definitions

Within the context of these implementation procedures, the following definitions apply:

  1. Purchase Order – A legally binding commercial document used to detail the types and quantities of goods and/or services provided by a supplier in return for payment.

  2. Request for Proposal (RFP) – A document that announces a project, describes it, and solicits proposals or responses from qualified contractors to complete. The RFP sets out specifications describing the solution it seeks and evaluation criteria disclosing how proposals are graded. RFP’s will include a statement of work describing tasks to be performed by the bidder and a timeline for providing finished work.

IX. Monitoring

Policy 4050 implementation procedures will be overseen by the Division of Operations.

X. History

ADOPTED: June 28, 1990

REVIEWED: December 21, 2015

MODIFIED:

REVISED:

  • July 13, 1995

  • December 13, 2001

  • February 27, 2003

  • December 14, 2006

  • January 13, 2011

  • June 7, 2018

  • June 9, 2022

EFFECTIVE: July 1, 2022

Policy History Key

  • Adopted-Original date the Board took action to approve a policy
  • Reviewed-The date the status of a policy was assessed by the Superintendent’s Standing Policy Group
  • Modified-The date the Board took action to alter a policy that based on the recommendation of the Superintendent/designee did not require a comprehensive examination
  • Revised-The date the Board took action on a that policy based on the recommendation of the Superintendent/designee needed a comprehensive examination
  • Effective-The date a policy is implemented throughout the HCPSS, typically July 1 following Board action.