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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 HCPSS 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 Office of Purchasing 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.

  11. Ensuring that HCPSS employees know who the point of contact is for contracts and the escalation process for contractual performance concerns.

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. 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 through intergovernmental purchase.

    3. The procurement is for personnel employment services rendered by full-time or part-time HCPSS 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 Workers Compensation and Risk Management insurance claims made under existing legal policy or contract requirements, provided Board funds are available.

    7. 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.

  4. Sole source 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. Such goods or services will usually be of a unique nature and have performance characteristics that can only be obtained from that source. Sole source contracts are limited to a 12-month term.

  5. 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. Single source contracts are limited to a 12-month term.

  6. 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, HCPSS 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.

    The Board will receive notification at the next regular meeting following the issuance of an emergency related contract. 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.

  7. Procurement of goods and/or services will not be manipulated to avoid following HCPSS policy or procedures. Small orders of similar commodities or significant underestimation of needs will be considered an attempt to avoid purchasing policies and procedures.

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

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

    2. Departments are encouraged to select and prioritize local businesses when purchasing goods or services that are under $50,000.00.

    3. Setting MBE participation goals on Board approved construction contracts are determined by the Procurement Review Group.

    4. Purchase orders will be approved and issued by the Office of Purchasing prior to any order being placed by an HCPSS employee. Purchase order requests that are not in accordance with this policy will be sent through a review and approval process to be determined by the Superintendent/designee.

  9. Procurement of transportation services must be with an approved vendor of the HCPSS Office of Student Transportation.

    1. All legal entities awarded school bus contracts with the Board will be evaluated and approved based on, but not limited to, experience, criminal background checks, personal and professional references, garage location, safety and driving records, appropriate financial position, school bus inspection records, and sufficient, available qualified personnel.

    2. All personnel provided by the school bus contractor in fulfillment of the requirements of the school bus contract with the Board will meet all applicable federal and state motor vehicle licensing requirements, Code of Maryland Regulations (COMAR), and HCPSS requirements.

    3. All vehicles provided by the school bus contractor for transportation services will comply with all United States Department of Transportation (USDOT), Maryland Vehicle Administration (MVA), COMAR, and HCPSS requirements and specifications as defined in the school bus contract.

    4. Transfer or assignment of school bus contracts is prohibited unless expressl approved by the Board.

    5. In emergency situations which result in non-fulfillment of school bus contract requirements, school bus contracts may be temporarily assigned by the Superintendent/designee without prior approval of the Board. Temporary school bus contract assignments are limited to less than one fiscal year.

  10. Contract Modifications

    1. Contract modifications that result in a change where the total contract value would exceed $50,000 require Board approval.

    2. Contract modifications less than $50,000 are under the approval of the Director of Procurement and Materials Management.

    3. Contract modifications to extend the period of performance are under the approval of the Director of Procurement and Materials Management.

    4. Contract modifications that result in a vendor name change are under the approval of the Director of Procurement and Materials Management.

  11. HCPSS Issued Credit Card and Purchase Order Guidance

    1. The single transaction limit is $10,000. Purchases for $10,000 and under are allowed to be made on a HCPSS issued Credit Card.

    2. Purchases greater than $10,000 are to be issued a Purchase Order/School Check.

    3. Transactions may not be split for the same or similar goods and/or services to avoid the single transaction limit.

    4. Exceptions can be approved/denied by the Director of Procurement and Materials Management/designee upon review of supporting justification.

IV. 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. The Superintendent/designee will approve all contracts below the solicitation threshold for Board budgeted funds.

V. Contract Management

  1. The Office of Purchasing 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.

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

VI. 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.

VII. Monitoring

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

VIII. Definitions

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

  1. Modification – Any written alteration in specifications, performance period, price, or other provision of any contract accomplished by mutual action of the parties to the contract.

  2. Procurement Review Group (PRG) – A standing group charged with reviewing all construction-related procurements that require goal setting in order to maximize opportunities for Minority Business Enterprise (MBE) participation in solicitations.

  3. 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.

  4. 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.

  5. School Bus Contract (Contract) – A binding written agreement between the Board and a school bus contractor to provide school transportation services for the HCPSS.

  6. School Bus Contractor (Contractor) – A legal entity approved to operate school buses when awarded a school bus contract by the Board.

  7. School Bus Inspection – A scheduled or non-scheduled inspection of school buses performed by HCPSS staff, Maryland Motor Vehicle Administration (MVA) inspectors, or licensed private service providers.

IX. History

ADOPTED: June 28, 1990

REVIEWED: December 21, 2015

MODIFIED: July 11, 2024

REVISED:

  • July 13, 1995

  • December 13, 2001

  • February 27, 2003

  • December 14, 2006

  • January 13, 2011

  • June 7, 2018

  • June 9, 2022

EFFECTIVE: July 11, 2024

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.