DJ - ESD Purchasing

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DJ-AR Purchasing Procedure
DJ-AR Expenditure of Agency Funds for Meals, Refreshments and Gifts

Code: DJ
Adopted: 2/21/17
Amended: 5/10/22, 10/17/23
Orig. Code(s): DJ

The function of ESD purchasing is to provide the necessary supplies, equipment and services for the operation of the ESD. Items commonly used will be standardized whenever consistent with ESD goals and in the interest of efficiency or economy.

The chief financial officer is appointed by the Board to serve as purchasing agent. The chief financial officer will be responsible for developing and administering the ESD's purchasing program. No obligation may be incurred by any officer or employee of the Board unless that expenditure has been authorized in the budget or by Board action or Board policy.

The chief financial officer is authorized to issue all other purchase orders, contracts or agreements without prior approval of the Board where formal bidding procedures are not required by law and when current budget appropriations are adequate to cover such obligations.

The chief financial officer will review bills due and payable for the purchase of supplies and services to determine if they are within budget amounts. After appropriate administrative review, the chief financial officer will direct payment of the just claims against the ESD. The superintendent and chief financial officer are responsible for the accuracy of all bills and vouchers.

No Board member, officer, employee or agent of this ESD shall use or attempt to use their official position to obtain financial gain or for avoidance of financial detriment for himself/herself, a relative or for any business with which the Board member or a relative is associated.

Procurement Solicitation:

The Board authorizes the following authority levels for public contracts:

All public contracts estimated to cost $250,000 or more in a fiscal year must be approved by the Board.
All public contracts estimated to cost less than $50,000 in a fiscal year may be entered into by the Superintendent without Board approval. However, either the Board or the Superintendent may enter into emergency contracts under Code DJC, regardless of dollar limits, subject to ORS 294.455.

Public contracts subject to competitive bids or proposals under Code DJC shall meet competitive bidding standards as follows:

Personal Services Contracts: Includes those services that require specialized technical, creative, professional or communication skills or talents, unique and specialized knowledge, or the exercise of discretionary judgment, and for which the quality of the service depends on attributes that are unique to the service provider. Bidding standards are as follows for personal services contracts:

Direct Appointment (Under $100,000). Personal service contracts may be entered into directly with a Consultant if the estimated fee to be paid under the contract does not exceed $100,000.
Informal Selection ($100,000 - $250,000). The selection may be based on criteria including, but not limited to, each proposer’s:
- Particular capability to perform the services required;
- Experienced staff available to perform the services required, including each proposer's recent, current and projected workloads;
- Performance history;
- Approach and philosophy used in providing services;
- Fees or costs; and
- Geographic proximity to the project or the area where the services are to be performed.
Formal Selection (Over $250,000). The use of the formal selection procedures described in OAR 137-047-0255 and ORS 279B.060 will be used to obtain a contract if the estimated fee is expected to exceed $250,000.

Goods and Services: Includes supplies, equipment, materials and services other than personal services designated under ORS 279A.055 and any personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, that a contracting agency is authorized by law to procure. Bidding standards for goods and services contracts are as follows:

Small Procurements (Under $10,000): Public contracts under $10,000 are not subject to competitive bidding requirements. The District may amend a public contract awarded as a small procurement beyond the $10,000 limit in accordance with OAR 137-047-0800, provided the cumulative amendments do not increase the total contract price to a sum greater than $12,500.
Intermediate Procurements (Between $10,000 and $150,000): may be awarded according to the processes for intermediate procurements described in ORS 279B.070. The ESD may amend a public contract awarded as an intermediate procurement beyond the stated limitations in accordance with OAR 137-047-0800, provided the cumulative amendments do not increase the total contract price by a sum greater than twenty-five percent 25% of the original contract price.
Procurements greater than $150,000 will be awarded under a competitive bid process.

Diversity, Equity and Inclusion in Procurement:

The ESD serves a vulnerable population, and understands that its students learn in many ways through specifically designed curriculum for their learning needs. The ESD’s role is to build confidence in its students and fully prepare them for a future of self-sufficiency and independence by modeling diversity, equity and inclusion for them.

The ESD recognizes its commitments to increase access and remove barriers in our procurement process so that the utilization of Minority, Women, and Emerging Small Business (MWESB) community and other underrepresented communities reflects the diversity of our community. All purchases will be made in accordance with existing policies, laws and regulations.

The ESD is committed to a procurement strategy that provides opportunities to small businesses, and to achieve racial and gender equity in contracting.

The ESD endeavors to build upon and diversify its contractor base:

ESD staff will engage in conversations where feasible with certified MWESB firms, local MWESB Organizations, disabled veteran organizations and individual business community leaders to encourage them to participate in the ESD’s procurement bid and proposal processes.
The ESD shall develop procedures that focus on practices encouraging inclusion of the MWESB community and other underrepresented communities. ESD staff will assist MWESB firms with understanding the ESD’s contract selection and procurement processes.
The ESD will rely on the State of Oregon MWESB certification program to define MWESB and verify certification through the State of Oregon Certification Office for Business Inclusion and Diversity (COBID) database. Utilization of self-defined MWESB companies will also be considered, and those companies will be encouraged to obtain COBID certification, to allow for greater access to procurement opportunities with local government entities exclusively using COBID to identify MWESB contractors.
The ESD will use appropriate standards to document MWESB purchasing. The Superintendent will establish these standards and may amend them from time to time in accordance with this policy.

END OF POLICY

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