Text Box: Oregon School Boards Association Selected Sample Policy††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Code:†† DJC

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Adopted:††

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†††††††††††††††††††††††††††††††††††††††††††††††††††† Bidding Requirements (Version 2)

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The Board declares its intention to purchase competitively without prejudice and to seek maximum educational value for every dollar expended.All purchase, lease or sale of personal property, public improvements or services other than agreements for personal servicepublic contracts for goods or services shall be based upon applicable competitive procurement provisions of Oregon Revised Statutes and adopted public contracting rules except: bids or proposals except:

 

1.†††††† Contracts made with other public agencies or the federal government;

 

2.†††††† Contracts made with qualified nonprofit agencies providing employment opportunities for disabled individuals;

 

3.†††††† Contracts exempted by the Local Contract Review Board (LCRB) following approval of findings that such exemption will result in cost savings and it is unlikely that the exemption will encourage favoritism or substantially diminish competition;

 

4.†††††† A contract for products, services or supplies if the value is less than $5,000;

 

5.†††††† Insurance and service contracts as provided by law;

 

6.†††††† Contracts between public agencies utilizing an existing solicitation or current requirement contract of one of the public agencies that is a party to the contract as provided by law.

 

1.†††††† Contracts between contracting agencies or between contracting agencies and the federal government;

 

2.†††††† Insurance and services contracts as provided for under state law;

 

3.†††††† Contracts for the procurement or distribution of textbooks;

 

4.†††††† Energy savings performance contracts;

 

5.†††††† Contracts made with qualified nonprofit agencies providing employment opportunities for disabled individuals;

 

6.†††††† Public improvement contracts exempted by the LCRB upon findings that the award would not encourage favortism or substantially diminish competition and would result in substantial cost savings to the contracting agency;

 

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7.†††††† Special procurements exempted by the LCRB upon findings that the award would not encourage favortism or substantially diminish competition and would result in substantial cost savings to the contracting agency;

 

8.†††††† Emergency contracts;

 

9.†††††† Any other public contract specifically exempted from the code by another provision or law.

 

The Board will serve as the LCRB for the district.All district purchasing shall be conducted in accordance with the Boardís adopted rules[1].

 

A copy of the Boardís policy or resolution designating the Board as the LCRB for the district shall be filed with the county governing body.

 

The Board acting as its own LCRB, will adopts[2] the Oregon Attorney Generalís Model Public Contract Rules OAR Chapter 137, Divisions 030, Public Procurement Rules046 through 049, General Provisions related to Public Contracting, [Division 035, Architectural and Engineering Rules047, Public Procurements for Goods or Services,] and Division 040, Public Improvement Contracts,048, Consultant Selection of Architects, Engineers and Land Surveyors and Related Services,] [Division 049, Public Contracts for Construction Services,] [its own rules of procedure that will govern district purchasing.Consequently, the model rules adopted by the Attorney General shall not apply to the district.The districtís rules may include portions of the Oregon Attorney Generalís Model Public Contract Rules OAR Chapter 137, Division 030, Public Procurement Rules046 through 049,] General Procurements for Goods or Services, [Division 035, Architectural and Engineering Rules047,] Public Procurements for Goods or Services,] and [Division 040, Public Improvement Contracts048,]Consultant Selection of Architects, Engineers and Land Surveyors and Related Services,] [Division 049, Public Contracts for Construction Services,] in effect at the time this policy is adopted.These rules govern purchasing procedures, advertisements, awarding of contracts, retainage, claims, liens, bid security, payment, performance bonds and other matters subject to competitive procurementpublic contracting provisions of law.

 

Additionally, the Board may include as part of its rules portions of the Oregon Department of Administrative Services rules governing Public Contract Exemptions, OAR Chapter 125, Divisions 300-360246-249 in effect at the time this policy is adopted.

 

Where necessary, the Board has made the written findings required by law for exemptions from competitive bidding.Such findings shall be maintained by the district and made available on request.

 

The district shall review its rules each time the Attorney General adopts a modification of the model rules, as required by ORS 279.049 (5)(b)279A.065 (5)(b), to determine whether any modifications need to be made to district rules to ensure compliance with statutory changes. [Modifications will be made only following review by the districtís legal counsel.]New rules, as necessary, will be adopted by the Board.In the event it is unnecessary to adopt new rules, Board minutes will reflect that the review process was completed as required.The Board recognizes that a public contracting agency that has not established its own rules of procedure as required by ORS 279.049 (5)279A.065 (5) is subject to the model rules adopted by the Attorney General, including all modifications to the model rules that the Attorney General may adopt.

 

Public contracts, if awarded, will be awarded to the lowest, responsive and responsible bidder or the best, responsive and responsible proposer consistent with solicitation document provisions.The Board may reject in whole or in part, any bid or proposal not in compliance with all prescribed procedures and requirements and may reject for good cause any bid or proposal upon a written finding that it is in the public interest to do so.Such findings shall conform with criteria as specified by the Oregon Attorney Generalís Model Public Contract Rules Manual.

 

Opportunity will be provided to all responsible suppliers to do business with the district.The business manager will develop and maintain lists of potential vendors for various types of materials, equipment and supplies.Such lists may be used to develop a mailing list for distribution of specifications and solicitations for bids or proposals.Any supplier may be included in the list upon request.

 

Records of bids, proposals and specifications will be kept in the district administration office and will conform with Oregon Revised Statutes and applicable records retention provisions of the Oregon Attorney Generalís Model Public Contract Rules Manual.††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

 

END OF POLICY

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Legal References:

 


 

†††††††††††† ORS Chapter 279, 279A, 279B and 279C


†††††††††††† OAR 125-030-0000 to -0100

†††††††††††† OAR 125-300-0000 to -0100

†††††††††††† OAR 125-310-0005 to -0500

†††††††††††† OAR 125-320-0010 to -0025

†††††††††††† OAR 125-330-0030 to -0700


†††††††††††† OAR 125-360-0010 to -0030

†††††††††††† OAR 137-030-0000 to -0155

†††††††††††† OAR 137-035-0000 to -0080

†††††††††††† OAR 137-040-0000 to -0590

†††††††††††† OAR Chapter 125, Divisions 246, 247, 248 and 249

†††††††††††† OAR Chapter 137, Divisions ††††††††††† 046, 047, 048 and 049


 

†††††††††††† Oregon Attorney Generalís Model Public Contracts Rules Manual, Department of Justice (20022004).

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[1]The Board may contract with another public agency to serve as its LCRB. A Board that does not create its own LCRB or contract with another public agency to be its LCRB, is subject to the rules of the county governing body.If the Board establishes its own LCRB, include the bracketed paragraphs, revising as appropriate, and removing all brackets.

[2]Purchases shall be governed by ORS Chapter 279, 279A, 279B, and279C.Additionally, the Board may, as provided by ORS 279.049, 279A. 065, 279B, 279C, adopt the Oregon Attorney Generalís Model Public Contract Rules, OAR Chapter 137 governing purchasing/bid procedures.The Board may also adopt the Oregon Department of Administrative Services rules governing Public Contract Exemptions, OAR Chapter 125.The Board may adopt portions of those rules or adopt its own rules.A Board that creates its own LCRB but has not established its own rules of procedure for public contracts is subject to the model rules (OAR 137) adopted by the Attorney General.