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5000 - Personnel

5000- Personnel

  • The board recognizes the importance of:

    • maximizing the use of district resources;
    • the need for sound business practices in spending public money;
    • the requirement of complying with state and federal laws governing purchasing and public works;
    • the importance of standardized purchasing regulations; and
    • the need for clear documentation.

    I. Procurement and Public Works Using State Funds
    A. Furniture, Supplies, or Equipment 

    Whenever the estimated cost of furniture, supplies or equipment (except books) will cost:

    • less than $40,000, no competitive bidding process is required to make the purchase;
    • between $40,000 and $75,000, the board will follow the informal competitive bidding process by requiring quotes from at least three different sources to be obtained in writing or by telephone and recorded for the public to review;
    • over $75,000, the board will follow the formal competitive bidding process by:
       
      1. ​preparing clear and definite plans and specifications for such purchases;
         
      2. providing notice of the call for formal bids by publication in at least one newspaper of general circulation in the district at least once each week for two consecutive weeks;
      3. ensuring that the district takes steps to assure that when possible, the district will use small and minority businesses, women’s business enterprises and labor surplus firms;
         
      4. providing the clear and definite plans and specifications to those interested in submitting a bid;
         
      5. requiring that bids be in writing;
         
      6. opening and reading bids in public on the date and in the place named in the notice; and
         
      7. filing all bids for public inspection after opening.

    ​B. Exemptions

    The board may waive bid requirements for purchases:

    • clearly and legitimately limited to a single source of supply;
    • involving special facilities or market conditions;
    • in the event of an emergency;
    • of insurance or bonds; and
    • involving public works in the event of an emergency.

    "Emergency" means unforeseen circumstances beyond the district's control that present a real, immediate threat to the proper performance of essential functions or will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

    Whenever the board waives bid requirements, the board will issue a document explaining the factual basis for the exception and record the contract for open public inspection.

    C. Rejection of Bids 

    The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

    D. Interlocal Cooperation Act

    The board reserves the right to enter into inter-local cooperative agreements for purchases and public works with other governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW.

    E. Crimes Against Children 
    The board will include in any contract for services with an entity or individual other than an employee of the district a provision requiring the contractor to prohibit any employee of the contractor from working at a public school who has contact with children at a public school during the course of his or her employment and who has pled guilty to or been convicted of any felony crime specified under RCW 28A.400.322. The contract shall also contain a provision that any failure to comply with this section shall be grounds for the district immediately terminating the contract. 

    The superintendent will establish bidding and contract awarding procedures for all purchases of furniture, equipment, supplies (except books), or public works projects consistent with state law.

    F. Use of State Funds for Improvements or Repairs

    The board may make improvements or repairs to district property through a district department without following the competitive bidding process if the total cost of improvements or repairs does not exceed $75,000. If the board estimates that the total cost of a building, improvement, repair, or other public works project is $100,000 or more, the board will follow the formal competitive bidding process outlined above, unless the contract is let using the small works roster process authorized by RCW 39.04.155 or under any other procedure authorized for school districts. There are no statutory bidding requirements for public works projects involving improvements or repairs that are within the $75,000 to $100,000 range. For projects in this range, the district may consider: using its small works roster process, under RCW 39.04.155; using an inter-local agreement or contract with a vendor of the district’s choice, without any competitive process, under RCW 28A.335.190; or choosing to require quotes for the work to make the process more competitive.

    II. Procurement Using Federal Funds

    A. Goods

    When the district uses federal funds for procurement of goods (furniture, supplies, equipment, and textbooks):

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $75,000 must be procured using price or rate quotations from three or more qualified sources.
    • Purchases of $75,000 or more must be publicly solicited using sealed bids or requests for proposals.

    B. Services 

    When the district uses federal funds for procurement of services:

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $250,000 must be procured using price or rate quotations from a reasonable number of qualified sources.
    • Purchases of $250,000 or more must be publicly solicited using sealed bids or requests for proposals.

    C. Noncompetitive Procurement

    Noncompetitive procurement may be used only when one of the following four circumstances applies:  

    • ​The item is only available from a single source;
    • The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
    • The awarding agency (e.g., OSPI) authorizes noncompetitive procurement in response to a written request from the district; or
    • After solicitation of a number of sources, competition is determined inadequate.

    The district must maintain documentation supporting the applicable circumstance for noncompetitive procurement.

    D. Suspension and Debarment

    Before entering into federally funded vendor contracts for goods and services that equal or exceed $25,000 and any subcontract award, the district will ensure the vendor is not suspended or debarred from participating in federal assistance programs. 

    E. Conflict of Interest

    No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by federal funds if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

    No employee, officer, or agent of the district may solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Violation of these standards may result in disciplinary action including, but not limited to, suspension, dismissal, or removal. 

    III. Procedures

    The superintendent or designee will establish bidding and contract awarding procedures consistent with state and federal law. 

    Legal References:

    • RCW 28A.335.190 Advertising for bids — Competitive bid procedures — Purchases from inmate work programs — Telephone or written quotation solicitation, limitations — Emergencies
    • RCW 28A.400.330 Crimes against children — Contractor employees — Termination of contract
    • RCW 39.04.155 Small works roster contract procedures — Limited public works process Definition
    • RCW 39.04.280 Competitive bidding requirements — Exemptions
    • RCW 39.26.160 Bid Awards - Considerations - Requirements and criteria to be set forth - Negotiations - Use of enterprise vendor registrations and bid notification system
    • RCW 39.30.060 Bids on public works — Identification, substitution of contractors
    • Chapter. 39.34 RCW Interlocal Cooperation Act
    • 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
    • 2 CFR 200.67 Micro-purchase
    • 2 CFR 200.88 Simplified Acquisition Threshold
    • 2 CFR 200.318 – General Procurement Standards
    • 2 CFR 200.320 Methods of Procurement to be Followed
    • 2 CFR 3485 Nonprocurement Debarment and Suspension

     

    Management Resources:

    • 2019 – January Policy Alert
    • 2018 - August Issue
    • 2017 - July Issue
    • 2016 - March Issue
    • 2015 - October Policy Issue
    • 2015 - June Policy Issue
    • 2013 - June Issue
    • 2012 - April Issue
    • 2011 - February Issue
    • October 2005 Competitive Bid Process Changes
    • June 2001 Legislation Further Simplifies Bid Compliance

  • This district is committed to a positive and productive working environment free from

    discrimination, including sexual harassment. This commitment extends to all employees,

    and other persons involved in academic, educational, extracurricular, athletic and other

    programs or activities of the school, whether that program or activity is in a school

    facility, on school transportation, or at a class or school training held elsewhere.

     

    Definitions

    For purposes of this policy, sexual harassment means unwelcome conduct or

    communication of a sexual nature. Sexual harassment can occur student to adult, adult to

    adult or can be carried out by a group of students or adults and will be investigated by the

    district even if the alleged harasser is not a part of the school staff or student body. The

    district prohibits sexual harassment of district employees by other students, employees or

    third parties involved in school district activities.

    Under federal and state law, the term “sexual harassment” includes:

    • acts of sexual violence;
    • unwelcome sexual or gender-directed conduct or communication that interferes with an individual’s employment performance or creates an intimidating, hostile, or offensive environment;
    • unwelcome sexual advances;
    • unwelcome requests for sexual favors;
    • sexual demands when submission is a stated or implied condition of obtaining a work opportunity or other benefit;
    • sexual demands where submission or rejection is a factor in a work or other school-related decision affecting an individual.

     

    Investigation and Response

    • If the district knows, or reasonably should know, sexual harassment has created a hostile environment, the district will promptly investigate to determine what occurred and will take appropriate steps to resolve the situation.
    • If an investigation reveals sexual harassment has created a hostile environment, the district will take prompt and effective steps reasonably calculated to end the sexual harassment, eliminate the hostile environment, prevent its recurrence and, as appropriate, remedy its effects.
    • The district will take prompt, equitable and remedial action within its authority every time a report, complaint and grievance alleging sexual harassment comes to the attention of the district, either formally or informally.
    • Allegations of criminal misconduct will be reported to law enforcement and suspected child abuse will be reported to law enforcement or Child Protective Services. Regardless of whether the misconduct is reported tolaw enforcement, school staff will promptly investigate to determine what occurred and take appropriate steps to resolve the situation to the extent that such investigation does not interfere with an ongoing criminal investigation. A criminal investigation does not relieve the district of its independent obligation to investigate and resolve sexual harassment.

     

    Engaging in sexual harassment will result in appropriate discipline or other appropriate

    sanctions against offending staff or other third parties involved in school district

    activities. Anyone else who engages in sexual harassment on school property or at

    school activities will have their access to school property and activities restricted, as

    appropriate.

     

    Retaliation and False Allegations

    Retaliation against any person who makes or is a witness in a sexual harassment

    complaint is prohibited and will result in appropriate disciplinary action and/or other

    sanctions.

     

    It is a violation of this policy to knowingly report false allegations of sexual harassment.

    Persons found to knowingly report or corroborate false allegations shall be subject to

    appropriate disciplinary action and other sanctions.

     

    The superintendent shall develop and implement formal and informal procedures for

    receiving, investigating and resolving complaints or reports of sexual harassment. The

    procedures will include reasonable and prompt timelines and delineate staff

    responsibilities under this policy. All staff is responsible for receiving informal

    complaints and reports of sexual harassment and informing appropriate district personnel

    of the complaint or report for investigation and resolution. All staff is also responsible for

    informing complainants of the informal and formal complaint processes.

     

    The superintendent shall develop procedures to provide age-appropriate information and

    education to district staff, students, parents and volunteers regarding this policy and the

    recognition and prevention of sexual harassment. At a minimum sexual harassment

    recognition and prevention and the elements of this policy will be included in staff,

    student and regular volunteer orientation.

     

    This policy shall be posted in each district building in a place available to staff, students, parents, volunteers and visitors. The policy shall be reproduced in each student, staff, volunteer and parent handbook.

     

    The use and efficacy of this policy and related procedures shall be periodically reviewed

    by the superintendent or the superintendent’s designee.

    Cross References:

    • Board Policy 3207 Prohibition of Harassment, Intimidation and Bullying
    • Board Policy 3210 Nondiscrimination
    • Board Policy 3247 Sexual Harassment
    • Board Policy 3240 Student Conduct
    • Board Policy 3421 Child Abuse, Neglect and Exploitation Prevention
    • Board Policy 5010 Nondiscrimination and Affirmative Action
    • Board Policy 5281 Disciplinary Action and Discharge

    Legal References:

    • RCW 28A.640.020 Regulations, guidelines to eliminate discrimination —Scope—Sexual harassment policies
    • WAC 392-190-056-058 Sexual harassment

     

     

     

    Adoption Date: 01.08.01

    Former Policy Number: 5013

    Paterson  School  District

    Revised: 02.16.2016

    Essential

  • The board has an obligation to staff, students and citizens to take reasonable steps to assure safety in the workplace and to provide safety and high quality performance for the students that the staff serves.

    "Workplace" is defined to mean the site for the performance of work done in connection with the district's educational program. That includes any school building or any school premises; any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities; off school property during any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district where work on a federal grant is performed.

    For these purposes, the board declares that the following behaviors will not be tolerated:
    A.  Reporting to work or attending any school sponsored events under the influence of alcohol, marijuana, illegal chemical substances or opiates.
    B.  Using, possessing, transmitting alcohol, marijuana (to include marijuana delivering devices, chemicals or devices that produce the same physical effect of marijuana substances), illegal chemical substances (including anabolic steroids) or opiates in any amount or in any manner on district property at any time. Any staff member convicted of a felony attributable to the use, possession, or sale of illegal chemical substances or opiates will be subject to disciplinary action, including immediate termination.
    C.  Using district property or the staff member's position within the district to make or traffic alcohol, marijuana, illegal chemical substances or opiates.
    D.  Using, possessing or transmitting alcohol, marijuana, illegal chemical substances and opiates in a manner which is detrimental to the interest of the district.

    Any staff member who is taking a drug or medication whether or not prescribed by the staff member's physician, which may adversely affect that staff member's ability to perform work in a safe or productive manner is required to report such use of medication to his or her supervisor. This includes drugs which are known or advertised as possibly affecting judgment, coordination, or any of the senses, including those which may cause drowsiness or dizziness. The supervisor in conjunction with the district office then will determine, whether the staff member can remain at work and whether any work restrictions will be necessary.
    As a condition of employment, each employee shall notify his or her supervisor of a conviction under any criminal drug statute violation occurring in the workplace as defined above. Such notification shall be provided no later than five (5) days after such conviction. The district shall inform the federal government within ten (10) days of such conviction, regardless of the source of the information.
    Each employee shall be notified of the district's policy and procedures regarding employee drug activity at work. Any staff member who violates any aspect of this policy may be subject to disciplinary action, which may include immediate discharge. As a condition of eligibility for reinstatement, an employee may be required to satisfactorily complete a drug rehabilitation or treatment program approved by the board, at the employee's expense.
    Page 1 of 2

    PATERSON SCHOOL DISTRICT
    Policy Series: Personnel
    Policy No. 5201
    Nothing in this policy shall be construed to guarantee reinstatement of any employee who violates this policy, nor does the school district incur any financial obligation for treatment or rehabilitation ordered as a condition of eligibility for reinstatement.
    Other actions such as notification of law enforcement agencies may be taken in regard to a staff member violating this policy at the district's discretion, as it deems appropriate.
     

    Cross References:    

    • Board Policy4215    Use of Tobacco and Nicotine Substances on School Property
    • Board Policy 5203    Staff Assistance Program
    • Board Policy 5280    Termination of Employment

    Legal References:    

    RCW 69.50.435 Violations committed in or on certain public places or facilities —Additional penalty — Defenses — Construction — Definitions
    41 U.S.C. § 8104  Drug Free Workplace Requirements for Federal Grant Recipients
    21 U.S.C. § 812    Controlled Substance Act
    20 U.S.C §§7101-7118 Safe and Drug-Free Schools and Communities Act


    Management Resources:
    Policy News, December 2011 Changes in WSSDA's Policy Reference Manual
    Policy News, February 1999 Bus drivers still tested for marijuana

    Adoption Date: 06.12.95 Paterson School District Revised: 08.13.12; 08.2015 Essential
    Page 2 of 2

  • The board recognizes the importance of:

    • maximizing the use of district resources;
    • the need for sound business practices in spending public money;
    • the requirement of complying with state and federal laws governing purchasing and public works;
    • the importance of standardized purchasing regulations; and
    • the need for clear documentation.

    I. Procurement and Public Works Using State Funds
    A. Furniture, Supplies, or Equipment 

    Whenever the estimated cost of furniture, supplies or equipment (except books) will cost:

    • less than $40,000, no competitive bidding process is required to make the purchase;
    • between $40,000 and $75,000, the board will follow the informal competitive bidding process by requiring quotes from at least three different sources to be obtained in writing or by telephone and recorded for the public to review;
    • over $75,000, the board will follow the formal competitive bidding process by:
       
      1. ​preparing clear and definite plans and specifications for such purchases;
         
      2. providing notice of the call for formal bids by publication in at least one newspaper of general circulation in the district at least once each week for two consecutive weeks;
      3. ensuring that the district takes steps to assure that when possible, the district will use small and minority businesses, women’s business enterprises and labor surplus firms;
         
      4. providing the clear and definite plans and specifications to those interested in submitting a bid;
         
      5. requiring that bids be in writing;
         
      6. opening and reading bids in public on the date and in the place named in the notice; and
         
      7. filing all bids for public inspection after opening.

    ​B. Exemptions

    The board may waive bid requirements for purchases:

    • clearly and legitimately limited to a single source of supply;
    • involving special facilities or market conditions;
    • in the event of an emergency;
    • of insurance or bonds; and
    • involving public works in the event of an emergency.

    "Emergency" means unforeseen circumstances beyond the district's control that present a real, immediate threat to the proper performance of essential functions or will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

    Whenever the board waives bid requirements, the board will issue a document explaining the factual basis for the exception and record the contract for open public inspection.

    C. Rejection of Bids 

    The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

    D. Interlocal Cooperation Act

    The board reserves the right to enter into inter-local cooperative agreements for purchases and public works with other governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW.

    E. Crimes Against Children 
    The board will include in any contract for services with an entity or individual other than an employee of the district a provision requiring the contractor to prohibit any employee of the contractor from working at a public school who has contact with children at a public school during the course of his or her employment and who has pled guilty to or been convicted of any felony crime specified under RCW 28A.400.322. The contract shall also contain a provision that any failure to comply with this section shall be grounds for the district immediately terminating the contract. 

    The superintendent will establish bidding and contract awarding procedures for all purchases of furniture, equipment, supplies (except books), or public works projects consistent with state law.

    F. Use of State Funds for Improvements or Repairs

    The board may make improvements or repairs to district property through a district department without following the competitive bidding process if the total cost of improvements or repairs does not exceed $75,000. If the board estimates that the total cost of a building, improvement, repair, or other public works project is $100,000 or more, the board will follow the formal competitive bidding process outlined above, unless the contract is let using the small works roster process authorized by RCW 39.04.155 or under any other procedure authorized for school districts. There are no statutory bidding requirements for public works projects involving improvements or repairs that are within the $75,000 to $100,000 range. For projects in this range, the district may consider: using its small works roster process, under RCW 39.04.155; using an inter-local agreement or contract with a vendor of the district’s choice, without any competitive process, under RCW 28A.335.190; or choosing to require quotes for the work to make the process more competitive.

    II. Procurement Using Federal Funds

    A. Goods

    When the district uses federal funds for procurement of goods (furniture, supplies, equipment, and textbooks):

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $75,000 must be procured using price or rate quotations from three or more qualified sources.
    • Purchases of $75,000 or more must be publicly solicited using sealed bids or requests for proposals.

    B. Services 

    When the district uses federal funds for procurement of services:

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $250,000 must be procured using price or rate quotations from a reasonable number of qualified sources.
    • Purchases of $250,000 or more must be publicly solicited using sealed bids or requests for proposals.

    C. Noncompetitive Procurement

    Noncompetitive procurement may be used only when one of the following four circumstances applies:  

    • ​The item is only available from a single source;
    • The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
    • The awarding agency (e.g., OSPI) authorizes noncompetitive procurement in response to a written request from the district; or
    • After solicitation of a number of sources, competition is determined inadequate.

    The district must maintain documentation supporting the applicable circumstance for noncompetitive procurement.

    D. Suspension and Debarment

    Before entering into federally funded vendor contracts for goods and services that equal or exceed $25,000 and any subcontract award, the district will ensure the vendor is not suspended or debarred from participating in federal assistance programs. 

    E. Conflict of Interest

    No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by federal funds if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

    No employee, officer, or agent of the district may solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Violation of these standards may result in disciplinary action including, but not limited to, suspension, dismissal, or removal. 

    III. Procedures

    The superintendent or designee will establish bidding and contract awarding procedures consistent with state and federal law. 

    Legal References:

    • RCW 28A.335.190 Advertising for bids — Competitive bid procedures — Purchases from inmate work programs — Telephone or written quotation solicitation, limitations — Emergencies
    • RCW 28A.400.330 Crimes against children — Contractor employees — Termination of contract
    • RCW 39.04.155 Small works roster contract procedures — Limited public works process Definition
    • RCW 39.04.280 Competitive bidding requirements — Exemptions
    • RCW 39.26.160 Bid Awards - Considerations - Requirements and criteria to be set forth - Negotiations - Use of enterprise vendor registrations and bid notification system
    • RCW 39.30.060 Bids on public works — Identification, substitution of contractors
    • Chapter. 39.34 RCW Interlocal Cooperation Act
    • 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
    • 2 CFR 200.67 Micro-purchase
    • 2 CFR 200.88 Simplified Acquisition Threshold
    • 2 CFR 200.318 – General Procurement Standards
    • 2 CFR 200.320 Methods of Procurement to be Followed
    • 2 CFR 3485 Nonprocurement Debarment and Suspension

     

    Management Resources:

    • 2019 – January Policy Alert
    • 2018 - August Issue
    • 2017 - July Issue
    • 2016 - March Issue
    • 2015 - October Policy Issue
    • 2015 - June Policy Issue
    • 2013 - June Issue
    • 2012 - April Issue
    • 2011 - February Issue
    • October 2005 Competitive Bid Process Changes
    • June 2001 Legislation Further Simplifies Bid Compliance

  • Paterson School District has set forth this policy is to provide all staff, students, volunteers and community members with information to increase their awareness of their role in protecting children from inappropriate conduct by adults.

    The board expects all staff members to maintain the highest professional, moral and ethical standards in their interaction with students. Staff members are required to maintain an atmosphere conducive to learning, through consistently and fairly applied discipline and established and maintained professional boundaries.

    The interactions and relationships between staff members and students should be based upon mutual respect and trust, an understanding of the appropriate boundaries between adults and students in and outside of the educational setting, and consistency with the educational mission of the schools.

    Staff members will not intrude on a student’s physical and emotional boundaries unless the intrusion is necessary to serve an educational or physical, mental and/or emotional health purpose. An educational purpose is one that relates to the staff member’s duties in the district. Additionally, staff members are expected to be sensitive to the appearance of impropriety in their own conduct and the conduct of other staff when interacting with students. Staff members will discuss issues with their building administrator or supervisor whenever they suspect or are unsure whether conduct is inappropriate or constitutes a violation of this policy.

    The board supports the use of technology to communicate for educational purposes. However, district employees are prohibited from inappropriate online socializing or from engaging in any conduct on social networking Web sites that violates the law, district policies or other generally recognized professional standards. Employees whose conduct violates this policy may face discipline and/or termination, consistent with the district’s policies, acceptable use agreement and collective bargaining agreements, as applicable.

    The superintendent or designee will develop staff protocols for reporting and investigating allegations and develop procedures and training to accompany this policy.

    Legal References

    RCW 28A.400.320 Crimes against children — Mandatory termination of classified employees — Appeal — Recovery of salary or compensation by district

    RCW 28A.405.470 Crimes against children — Mandatory termination of certificated employees — Appeal — Recovery of salary or compensation by district

    RCW 28A.405.475 Termination of certificated employee based on guilty plea or conviction of certain felonies — Notice to superintendent of public instruction - Record of notices

    RCW 28A.410.090 Revocation or suspension of certificate or permit to teach — Criminal basis — Complaints — Investigation - Process

    RCW 28A.410.095 Violation or noncompliance — Investigatory powers of superintenent of public instruction — Requirements for investigation of alleged sexual misconduct towards a child — Court orders — Contempt — Written findings required

    RCW 28A.410.100 Revocation of authority to teach — Hearings

    Chapter 181-87 WAC Professional certification — Acts of unprofessional conduct

    Chapter 181-88 WAC Definitions of sexual misconduct, verbal and physical abuse - Mandatory disclosure — Prohibited agreements

    Last Modified by Francisco J Rangel on February 26, 2014      Prior Revised Dates  12.11 & 02.10

  • The board recognizes the importance of:

    • maximizing the use of district resources;
    • the need for sound business practices in spending public money;
    • the requirement of complying with state and federal laws governing purchasing and public works;
    • the importance of standardized purchasing regulations; and
    • the need for clear documentation.

    I. Procurement and Public Works Using State Funds
    A. Furniture, Supplies, or Equipment 

    Whenever the estimated cost of furniture, supplies or equipment (except books) will cost:

    • less than $40,000, no competitive bidding process is required to make the purchase;
    • between $40,000 and $75,000, the board will follow the informal competitive bidding process by requiring quotes from at least three different sources to be obtained in writing or by telephone and recorded for the public to review;
    • over $75,000, the board will follow the formal competitive bidding process by:
       
      1. ​preparing clear and definite plans and specifications for such purchases;
         
      2. providing notice of the call for formal bids by publication in at least one newspaper of general circulation in the district at least once each week for two consecutive weeks;
      3. ensuring that the district takes steps to assure that when possible, the district will use small and minority businesses, women’s business enterprises and labor surplus firms;
         
      4. providing the clear and definite plans and specifications to those interested in submitting a bid;
         
      5. requiring that bids be in writing;
         
      6. opening and reading bids in public on the date and in the place named in the notice; and
         
      7. filing all bids for public inspection after opening.

    ​B. Exemptions

    The board may waive bid requirements for purchases:

    • clearly and legitimately limited to a single source of supply;
    • involving special facilities or market conditions;
    • in the event of an emergency;
    • of insurance or bonds; and
    • involving public works in the event of an emergency.

    "Emergency" means unforeseen circumstances beyond the district's control that present a real, immediate threat to the proper performance of essential functions or will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

    Whenever the board waives bid requirements, the board will issue a document explaining the factual basis for the exception and record the contract for open public inspection.

    C. Rejection of Bids 

    The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

    D. Interlocal Cooperation Act

    The board reserves the right to enter into inter-local cooperative agreements for purchases and public works with other governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW.

    E. Crimes Against Children 
    The board will include in any contract for services with an entity or individual other than an employee of the district a provision requiring the contractor to prohibit any employee of the contractor from working at a public school who has contact with children at a public school during the course of his or her employment and who has pled guilty to or been convicted of any felony crime specified under RCW 28A.400.322. The contract shall also contain a provision that any failure to comply with this section shall be grounds for the district immediately terminating the contract. 

    The superintendent will establish bidding and contract awarding procedures for all purchases of furniture, equipment, supplies (except books), or public works projects consistent with state law.

    F. Use of State Funds for Improvements or Repairs

    The board may make improvements or repairs to district property through a district department without following the competitive bidding process if the total cost of improvements or repairs does not exceed $75,000. If the board estimates that the total cost of a building, improvement, repair, or other public works project is $100,000 or more, the board will follow the formal competitive bidding process outlined above, unless the contract is let using the small works roster process authorized by RCW 39.04.155 or under any other procedure authorized for school districts. There are no statutory bidding requirements for public works projects involving improvements or repairs that are within the $75,000 to $100,000 range. For projects in this range, the district may consider: using its small works roster process, under RCW 39.04.155; using an inter-local agreement or contract with a vendor of the district’s choice, without any competitive process, under RCW 28A.335.190; or choosing to require quotes for the work to make the process more competitive.

    II. Procurement Using Federal Funds

    A. Goods

    When the district uses federal funds for procurement of goods (furniture, supplies, equipment, and textbooks):

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $75,000 must be procured using price or rate quotations from three or more qualified sources.
    • Purchases of $75,000 or more must be publicly solicited using sealed bids or requests for proposals.

    B. Services 

    When the district uses federal funds for procurement of services:

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $250,000 must be procured using price or rate quotations from a reasonable number of qualified sources.
    • Purchases of $250,000 or more must be publicly solicited using sealed bids or requests for proposals.

    C. Noncompetitive Procurement

    Noncompetitive procurement may be used only when one of the following four circumstances applies:  

    • ​The item is only available from a single source;
    • The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
    • The awarding agency (e.g., OSPI) authorizes noncompetitive procurement in response to a written request from the district; or
    • After solicitation of a number of sources, competition is determined inadequate.

    The district must maintain documentation supporting the applicable circumstance for noncompetitive procurement.

    D. Suspension and Debarment

    Before entering into federally funded vendor contracts for goods and services that equal or exceed $25,000 and any subcontract award, the district will ensure the vendor is not suspended or debarred from participating in federal assistance programs. 

    E. Conflict of Interest

    No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by federal funds if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

    No employee, officer, or agent of the district may solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Violation of these standards may result in disciplinary action including, but not limited to, suspension, dismissal, or removal. 

    III. Procedures

    The superintendent or designee will establish bidding and contract awarding procedures consistent with state and federal law. 

    Legal References:

    • RCW 28A.335.190 Advertising for bids — Competitive bid procedures — Purchases from inmate work programs — Telephone or written quotation solicitation, limitations — Emergencies
    • RCW 28A.400.330 Crimes against children — Contractor employees — Termination of contract
    • RCW 39.04.155 Small works roster contract procedures — Limited public works process Definition
    • RCW 39.04.280 Competitive bidding requirements — Exemptions
    • RCW 39.26.160 Bid Awards - Considerations - Requirements and criteria to be set forth - Negotiations - Use of enterprise vendor registrations and bid notification system
    • RCW 39.30.060 Bids on public works — Identification, substitution of contractors
    • Chapter. 39.34 RCW Interlocal Cooperation Act
    • 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
    • 2 CFR 200.67 Micro-purchase
    • 2 CFR 200.88 Simplified Acquisition Threshold
    • 2 CFR 200.318 – General Procurement Standards
    • 2 CFR 200.320 Methods of Procurement to be Followed
    • 2 CFR 3485 Nonprocurement Debarment and Suspension

     

    Management Resources:

    • 2019 – January Policy Alert
    • 2018 - August Issue
    • 2017 - July Issue
    • 2016 - March Issue
    • 2015 - October Policy Issue
    • 2015 - June Policy Issue
    • 2013 - June Issue
    • 2012 - April Issue
    • 2011 - February Issue
    • October 2005 Competitive Bid Process Changes
    • June 2001 Legislation Further Simplifies Bid Compliance

  • The board recognizes the importance of:

    • maximizing the use of district resources;
    • the need for sound business practices in spending public money;
    • the requirement of complying with state and federal laws governing purchasing and public works;
    • the importance of standardized purchasing regulations; and
    • the need for clear documentation.

    I. Procurement and Public Works Using State Funds
    A. Furniture, Supplies, or Equipment 

    Whenever the estimated cost of furniture, supplies or equipment (except books) will cost:

    • less than $40,000, no competitive bidding process is required to make the purchase;
    • between $40,000 and $75,000, the board will follow the informal competitive bidding process by requiring quotes from at least three different sources to be obtained in writing or by telephone and recorded for the public to review;
    • over $75,000, the board will follow the formal competitive bidding process by:
       
      1. ​preparing clear and definite plans and specifications for such purchases;
         
      2. providing notice of the call for formal bids by publication in at least one newspaper of general circulation in the district at least once each week for two consecutive weeks;
      3. ensuring that the district takes steps to assure that when possible, the district will use small and minority businesses, women’s business enterprises and labor surplus firms;
         
      4. providing the clear and definite plans and specifications to those interested in submitting a bid;
         
      5. requiring that bids be in writing;
         
      6. opening and reading bids in public on the date and in the place named in the notice; and
         
      7. filing all bids for public inspection after opening.

    ​B. Exemptions

    The board may waive bid requirements for purchases:

    • clearly and legitimately limited to a single source of supply;
    • involving special facilities or market conditions;
    • in the event of an emergency;
    • of insurance or bonds; and
    • involving public works in the event of an emergency.

    "Emergency" means unforeseen circumstances beyond the district's control that present a real, immediate threat to the proper performance of essential functions or will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

    Whenever the board waives bid requirements, the board will issue a document explaining the factual basis for the exception and record the contract for open public inspection.

    C. Rejection of Bids 

    The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

    D. Interlocal Cooperation Act

    The board reserves the right to enter into inter-local cooperative agreements for purchases and public works with other governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW.

    E. Crimes Against Children 
    The board will include in any contract for services with an entity or individual other than an employee of the district a provision requiring the contractor to prohibit any employee of the contractor from working at a public school who has contact with children at a public school during the course of his or her employment and who has pled guilty to or been convicted of any felony crime specified under RCW 28A.400.322. The contract shall also contain a provision that any failure to comply with this section shall be grounds for the district immediately terminating the contract. 

    The superintendent will establish bidding and contract awarding procedures for all purchases of furniture, equipment, supplies (except books), or public works projects consistent with state law.

    F. Use of State Funds for Improvements or Repairs

    The board may make improvements or repairs to district property through a district department without following the competitive bidding process if the total cost of improvements or repairs does not exceed $75,000. If the board estimates that the total cost of a building, improvement, repair, or other public works project is $100,000 or more, the board will follow the formal competitive bidding process outlined above, unless the contract is let using the small works roster process authorized by RCW 39.04.155 or under any other procedure authorized for school districts. There are no statutory bidding requirements for public works projects involving improvements or repairs that are within the $75,000 to $100,000 range. For projects in this range, the district may consider: using its small works roster process, under RCW 39.04.155; using an inter-local agreement or contract with a vendor of the district’s choice, without any competitive process, under RCW 28A.335.190; or choosing to require quotes for the work to make the process more competitive.

    II. Procurement Using Federal Funds

    A. Goods

    When the district uses federal funds for procurement of goods (furniture, supplies, equipment, and textbooks):

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $75,000 must be procured using price or rate quotations from three or more qualified sources.
    • Purchases of $75,000 or more must be publicly solicited using sealed bids or requests for proposals.

    B. Services 

    When the district uses federal funds for procurement of services:

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $250,000 must be procured using price or rate quotations from a reasonable number of qualified sources.
    • Purchases of $250,000 or more must be publicly solicited using sealed bids or requests for proposals.

    C. Noncompetitive Procurement

    Noncompetitive procurement may be used only when one of the following four circumstances applies:  

    • ​The item is only available from a single source;
    • The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
    • The awarding agency (e.g., OSPI) authorizes noncompetitive procurement in response to a written request from the district; or
    • After solicitation of a number of sources, competition is determined inadequate.

    The district must maintain documentation supporting the applicable circumstance for noncompetitive procurement.

    D. Suspension and Debarment

    Before entering into federally funded vendor contracts for goods and services that equal or exceed $25,000 and any subcontract award, the district will ensure the vendor is not suspended or debarred from participating in federal assistance programs. 

    E. Conflict of Interest

    No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by federal funds if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

    No employee, officer, or agent of the district may solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Violation of these standards may result in disciplinary action including, but not limited to, suspension, dismissal, or removal. 

    III. Procedures

    The superintendent or designee will establish bidding and contract awarding procedures consistent with state and federal law. 

    Legal References:

    • RCW 28A.335.190 Advertising for bids — Competitive bid procedures — Purchases from inmate work programs — Telephone or written quotation solicitation, limitations — Emergencies
    • RCW 28A.400.330 Crimes against children — Contractor employees — Termination of contract
    • RCW 39.04.155 Small works roster contract procedures — Limited public works process Definition
    • RCW 39.04.280 Competitive bidding requirements — Exemptions
    • RCW 39.26.160 Bid Awards - Considerations - Requirements and criteria to be set forth - Negotiations - Use of enterprise vendor registrations and bid notification system
    • RCW 39.30.060 Bids on public works — Identification, substitution of contractors
    • Chapter. 39.34 RCW Interlocal Cooperation Act
    • 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
    • 2 CFR 200.67 Micro-purchase
    • 2 CFR 200.88 Simplified Acquisition Threshold
    • 2 CFR 200.318 – General Procurement Standards
    • 2 CFR 200.320 Methods of Procurement to be Followed
    • 2 CFR 3485 Nonprocurement Debarment and Suspension

     

    Management Resources:

    • 2019 – January Policy Alert
    • 2018 - August Issue
    • 2017 - July Issue
    • 2016 - March Issue
    • 2015 - October Policy Issue
    • 2015 - June Policy Issue
    • 2013 - June Issue
    • 2012 - April Issue
    • 2011 - February Issue
    • October 2005 Competitive Bid Process Changes
    • June 2001 Legislation Further Simplifies Bid Compliance

  • The board recognizes the importance of:

    • maximizing the use of district resources;
    • the need for sound business practices in spending public money;
    • the requirement of complying with state and federal laws governing purchasing and public works;
    • the importance of standardized purchasing regulations; and
    • the need for clear documentation.

    I. Procurement and Public Works Using State Funds
    A. Furniture, Supplies, or Equipment 

    Whenever the estimated cost of furniture, supplies or equipment (except books) will cost:

    • less than $40,000, no competitive bidding process is required to make the purchase;
    • between $40,000 and $75,000, the board will follow the informal competitive bidding process by requiring quotes from at least three different sources to be obtained in writing or by telephone and recorded for the public to review;
    • over $75,000, the board will follow the formal competitive bidding process by:
       
      1. ​preparing clear and definite plans and specifications for such purchases;
         
      2. providing notice of the call for formal bids by publication in at least one newspaper of general circulation in the district at least once each week for two consecutive weeks;
      3. ensuring that the district takes steps to assure that when possible, the district will use small and minority businesses, women’s business enterprises and labor surplus firms;
         
      4. providing the clear and definite plans and specifications to those interested in submitting a bid;
         
      5. requiring that bids be in writing;
         
      6. opening and reading bids in public on the date and in the place named in the notice; and
         
      7. filing all bids for public inspection after opening.

    ​B. Exemptions

    The board may waive bid requirements for purchases:

    • clearly and legitimately limited to a single source of supply;
    • involving special facilities or market conditions;
    • in the event of an emergency;
    • of insurance or bonds; and
    • involving public works in the event of an emergency.

    "Emergency" means unforeseen circumstances beyond the district's control that present a real, immediate threat to the proper performance of essential functions or will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

    Whenever the board waives bid requirements, the board will issue a document explaining the factual basis for the exception and record the contract for open public inspection.

    C. Rejection of Bids 

    The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

    D. Interlocal Cooperation Act

    The board reserves the right to enter into inter-local cooperative agreements for purchases and public works with other governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW.

    E. Crimes Against Children 
    The board will include in any contract for services with an entity or individual other than an employee of the district a provision requiring the contractor to prohibit any employee of the contractor from working at a public school who has contact with children at a public school during the course of his or her employment and who has pled guilty to or been convicted of any felony crime specified under RCW 28A.400.322. The contract shall also contain a provision that any failure to comply with this section shall be grounds for the district immediately terminating the contract. 

    The superintendent will establish bidding and contract awarding procedures for all purchases of furniture, equipment, supplies (except books), or public works projects consistent with state law.

    F. Use of State Funds for Improvements or Repairs

    The board may make improvements or repairs to district property through a district department without following the competitive bidding process if the total cost of improvements or repairs does not exceed $75,000. If the board estimates that the total cost of a building, improvement, repair, or other public works project is $100,000 or more, the board will follow the formal competitive bidding process outlined above, unless the contract is let using the small works roster process authorized by RCW 39.04.155 or under any other procedure authorized for school districts. There are no statutory bidding requirements for public works projects involving improvements or repairs that are within the $75,000 to $100,000 range. For projects in this range, the district may consider: using its small works roster process, under RCW 39.04.155; using an inter-local agreement or contract with a vendor of the district’s choice, without any competitive process, under RCW 28A.335.190; or choosing to require quotes for the work to make the process more competitive.

    II. Procurement Using Federal Funds

    A. Goods

    When the district uses federal funds for procurement of goods (furniture, supplies, equipment, and textbooks):

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $75,000 must be procured using price or rate quotations from three or more qualified sources.
    • Purchases of $75,000 or more must be publicly solicited using sealed bids or requests for proposals.

    B. Services 

    When the district uses federal funds for procurement of services:

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $250,000 must be procured using price or rate quotations from a reasonable number of qualified sources.
    • Purchases of $250,000 or more must be publicly solicited using sealed bids or requests for proposals.

    C. Noncompetitive Procurement

    Noncompetitive procurement may be used only when one of the following four circumstances applies:  

    • ​The item is only available from a single source;
    • The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
    • The awarding agency (e.g., OSPI) authorizes noncompetitive procurement in response to a written request from the district; or
    • After solicitation of a number of sources, competition is determined inadequate.

    The district must maintain documentation supporting the applicable circumstance for noncompetitive procurement.

    D. Suspension and Debarment

    Before entering into federally funded vendor contracts for goods and services that equal or exceed $25,000 and any subcontract award, the district will ensure the vendor is not suspended or debarred from participating in federal assistance programs. 

    E. Conflict of Interest

    No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by federal funds if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

    No employee, officer, or agent of the district may solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Violation of these standards may result in disciplinary action including, but not limited to, suspension, dismissal, or removal. 

    III. Procedures

    The superintendent or designee will establish bidding and contract awarding procedures consistent with state and federal law. 

    Legal References:

    • RCW 28A.335.190 Advertising for bids — Competitive bid procedures — Purchases from inmate work programs — Telephone or written quotation solicitation, limitations — Emergencies
    • RCW 28A.400.330 Crimes against children — Contractor employees — Termination of contract
    • RCW 39.04.155 Small works roster contract procedures — Limited public works process Definition
    • RCW 39.04.280 Competitive bidding requirements — Exemptions
    • RCW 39.26.160 Bid Awards - Considerations - Requirements and criteria to be set forth - Negotiations - Use of enterprise vendor registrations and bid notification system
    • RCW 39.30.060 Bids on public works — Identification, substitution of contractors
    • Chapter. 39.34 RCW Interlocal Cooperation Act
    • 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
    • 2 CFR 200.67 Micro-purchase
    • 2 CFR 200.88 Simplified Acquisition Threshold
    • 2 CFR 200.318 – General Procurement Standards
    • 2 CFR 200.320 Methods of Procurement to be Followed
    • 2 CFR 3485 Nonprocurement Debarment and Suspension

     

    Management Resources:

    • 2019 – January Policy Alert
    • 2018 - August Issue
    • 2017 - July Issue
    • 2016 - March Issue
    • 2015 - October Policy Issue
    • 2015 - June Policy Issue
    • 2013 - June Issue
    • 2012 - April Issue
    • 2011 - February Issue
    • October 2005 Competitive Bid Process Changes
    • June 2001 Legislation Further Simplifies Bid Compliance

  • The board recognizes the importance of:

    • maximizing the use of district resources;
    • the need for sound business practices in spending public money;
    • the requirement of complying with state and federal laws governing purchasing and public works;
    • the importance of standardized purchasing regulations; and
    • the need for clear documentation.

    I. Procurement and Public Works Using State Funds
    A. Furniture, Supplies, or Equipment 

    Whenever the estimated cost of furniture, supplies or equipment (except books) will cost:

    • less than $40,000, no competitive bidding process is required to make the purchase;
    • between $40,000 and $75,000, the board will follow the informal competitive bidding process by requiring quotes from at least three different sources to be obtained in writing or by telephone and recorded for the public to review;
    • over $75,000, the board will follow the formal competitive bidding process by:
       
      1. ​preparing clear and definite plans and specifications for such purchases;
         
      2. providing notice of the call for formal bids by publication in at least one newspaper of general circulation in the district at least once each week for two consecutive weeks;
      3. ensuring that the district takes steps to assure that when possible, the district will use small and minority businesses, women’s business enterprises and labor surplus firms;
         
      4. providing the clear and definite plans and specifications to those interested in submitting a bid;
         
      5. requiring that bids be in writing;
         
      6. opening and reading bids in public on the date and in the place named in the notice; and
         
      7. filing all bids for public inspection after opening.

    ​B. Exemptions

    The board may waive bid requirements for purchases:

    • clearly and legitimately limited to a single source of supply;
    • involving special facilities or market conditions;
    • in the event of an emergency;
    • of insurance or bonds; and
    • involving public works in the event of an emergency.

    "Emergency" means unforeseen circumstances beyond the district's control that present a real, immediate threat to the proper performance of essential functions or will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

    Whenever the board waives bid requirements, the board will issue a document explaining the factual basis for the exception and record the contract for open public inspection.

    C. Rejection of Bids 

    The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

    D. Interlocal Cooperation Act

    The board reserves the right to enter into inter-local cooperative agreements for purchases and public works with other governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW.

    E. Crimes Against Children 
    The board will include in any contract for services with an entity or individual other than an employee of the district a provision requiring the contractor to prohibit any employee of the contractor from working at a public school who has contact with children at a public school during the course of his or her employment and who has pled guilty to or been convicted of any felony crime specified under RCW 28A.400.322. The contract shall also contain a provision that any failure to comply with this section shall be grounds for the district immediately terminating the contract. 

    The superintendent will establish bidding and contract awarding procedures for all purchases of furniture, equipment, supplies (except books), or public works projects consistent with state law.

    F. Use of State Funds for Improvements or Repairs

    The board may make improvements or repairs to district property through a district department without following the competitive bidding process if the total cost of improvements or repairs does not exceed $75,000. If the board estimates that the total cost of a building, improvement, repair, or other public works project is $100,000 or more, the board will follow the formal competitive bidding process outlined above, unless the contract is let using the small works roster process authorized by RCW 39.04.155 or under any other procedure authorized for school districts. There are no statutory bidding requirements for public works projects involving improvements or repairs that are within the $75,000 to $100,000 range. For projects in this range, the district may consider: using its small works roster process, under RCW 39.04.155; using an inter-local agreement or contract with a vendor of the district’s choice, without any competitive process, under RCW 28A.335.190; or choosing to require quotes for the work to make the process more competitive.

    II. Procurement Using Federal Funds

    A. Goods

    When the district uses federal funds for procurement of goods (furniture, supplies, equipment, and textbooks):

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $75,000 must be procured using price or rate quotations from three or more qualified sources.
    • Purchases of $75,000 or more must be publicly solicited using sealed bids or requests for proposals.

    B. Services 

    When the district uses federal funds for procurement of services:

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $250,000 must be procured using price or rate quotations from a reasonable number of qualified sources.
    • Purchases of $250,000 or more must be publicly solicited using sealed bids or requests for proposals.

    C. Noncompetitive Procurement

    Noncompetitive procurement may be used only when one of the following four circumstances applies:  

    • ​The item is only available from a single source;
    • The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
    • The awarding agency (e.g., OSPI) authorizes noncompetitive procurement in response to a written request from the district; or
    • After solicitation of a number of sources, competition is determined inadequate.

    The district must maintain documentation supporting the applicable circumstance for noncompetitive procurement.

    D. Suspension and Debarment

    Before entering into federally funded vendor contracts for goods and services that equal or exceed $25,000 and any subcontract award, the district will ensure the vendor is not suspended or debarred from participating in federal assistance programs. 

    E. Conflict of Interest

    No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by federal funds if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

    No employee, officer, or agent of the district may solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Violation of these standards may result in disciplinary action including, but not limited to, suspension, dismissal, or removal. 

    III. Procedures

    The superintendent or designee will establish bidding and contract awarding procedures consistent with state and federal law. 

     

    Legal References:

    • RCW 28A.335.190 Advertising for bids — Competitive bid procedures — Purchases from inmate work programs — Telephone or written quotation solicitation, limitations — Emergencies
    • RCW 28A.400.330 Crimes against children — Contractor employees — Termination of contract
    • RCW 39.04.155 Small works roster contract procedures — Limited public works process Definition
    • RCW 39.04.280 Competitive bidding requirements — Exemptions
    • RCW 39.26.160 Bid Awards - Considerations - Requirements and criteria to be set forth - Negotiations - Use of enterprise vendor registrations and bid notification system
    • RCW 39.30.060 Bids on public works — Identification, substitution of contractors
    • Chapter. 39.34 RCW Interlocal Cooperation Act
    • 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
    • 2 CFR 200.67 Micro-purchase
    • 2 CFR 200.88 Simplified Acquisition Threshold
    • 2 CFR 200.318 – General Procurement Standards
    • 2 CFR 200.320 Methods of Procurement to be Followed
    • 2 CFR 3485 Nonprocurement Debarment and Suspension

     

    Management Resources:

    • 2019 – January Policy Alert
    • 2018 - August Issue
    • 2017 - July Issue
    • 2016 - March Issue
    • 2015 - October Policy Issue
    • 2015 - June Policy Issue
    • 2013 - June Issue
    • 2012 - April Issue
    • 2011 - February Issue
    • October 2005 Competitive Bid Process Changes
    • June 2001 Legislation Further Simplifies Bid Compliance

  • The board recognizes the importance of:

    • maximizing the use of district resources;
    • the need for sound business practices in spending public money;
    • the requirement of complying with state and federal laws governing purchasing and public works;
    • the importance of standardized purchasing regulations; and
    • the need for clear documentation.

    I. Procurement and Public Works Using State Funds
    A. Furniture, Supplies, or Equipment 

    Whenever the estimated cost of furniture, supplies or equipment (except books) will cost:

    • less than $40,000, no competitive bidding process is required to make the purchase;
    • between $40,000 and $75,000, the board will follow the informal competitive bidding process by requiring quotes from at least three different sources to be obtained in writing or by telephone and recorded for the public to review;
    • over $75,000, the board will follow the formal competitive bidding process by:
       
      1. ​preparing clear and definite plans and specifications for such purchases;
         
      2. providing notice of the call for formal bids by publication in at least one newspaper of general circulation in the district at least once each week for two consecutive weeks;
      3. ensuring that the district takes steps to assure that when possible, the district will use small and minority businesses, women’s business enterprises and labor surplus firms;
         
      4. providing the clear and definite plans and specifications to those interested in submitting a bid;
         
      5. requiring that bids be in writing;
         
      6. opening and reading bids in public on the date and in the place named in the notice; and
         
      7. filing all bids for public inspection after opening.

    ​B. Exemptions

    The board may waive bid requirements for purchases:

    • clearly and legitimately limited to a single source of supply;
    • involving special facilities or market conditions;
    • in the event of an emergency;
    • of insurance or bonds; and
    • involving public works in the event of an emergency.

    "Emergency" means unforeseen circumstances beyond the district's control that present a real, immediate threat to the proper performance of essential functions or will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

    Whenever the board waives bid requirements, the board will issue a document explaining the factual basis for the exception and record the contract for open public inspection.

    C. Rejection of Bids 

    The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

    D. Interlocal Cooperation Act

    The board reserves the right to enter into inter-local cooperative agreements for purchases and public works with other governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW.

    E. Crimes Against Children 
    The board will include in any contract for services with an entity or individual other than an employee of the district a provision requiring the contractor to prohibit any employee of the contractor from working at a public school who has contact with children at a public school during the course of his or her employment and who has pled guilty to or been convicted of any felony crime specified under RCW 28A.400.322. The contract shall also contain a provision that any failure to comply with this section shall be grounds for the district immediately terminating the contract. 

    The superintendent will establish bidding and contract awarding procedures for all purchases of furniture, equipment, supplies (except books), or public works projects consistent with state law.

    F. Use of State Funds for Improvements or Repairs

    The board may make improvements or repairs to district property through a district department without following the competitive bidding process if the total cost of improvements or repairs does not exceed $75,000. If the board estimates that the total cost of a building, improvement, repair, or other public works project is $100,000 or more, the board will follow the formal competitive bidding process outlined above, unless the contract is let using the small works roster process authorized by RCW 39.04.155 or under any other procedure authorized for school districts. There are no statutory bidding requirements for public works projects involving improvements or repairs that are within the $75,000 to $100,000 range. For projects in this range, the district may consider: using its small works roster process, under RCW 39.04.155; using an inter-local agreement or contract with a vendor of the district’s choice, without any competitive process, under RCW 28A.335.190; or choosing to require quotes for the work to make the process more competitive.

    II. Procurement Using Federal Funds

    A. Goods

    When the district uses federal funds for procurement of goods (furniture, supplies, equipment, and textbooks):

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $75,000 must be procured using price or rate quotations from three or more qualified sources.
    • Purchases of $75,000 or more must be publicly solicited using sealed bids or requests for proposals.

    B. Services 

    When the district uses federal funds for procurement of services:

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $250,000 must be procured using price or rate quotations from a reasonable number of qualified sources.
    • Purchases of $250,000 or more must be publicly solicited using sealed bids or requests for proposals.

    C. Noncompetitive Procurement

    Noncompetitive procurement may be used only when one of the following four circumstances applies:  

    • ​The item is only available from a single source;
    • The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
    • The awarding agency (e.g., OSPI) authorizes noncompetitive procurement in response to a written request from the district; or
    • After solicitation of a number of sources, competition is determined inadequate.

    The district must maintain documentation supporting the applicable circumstance for noncompetitive procurement.

    D. Suspension and Debarment

    Before entering into federally funded vendor contracts for goods and services that equal or exceed $25,000 and any subcontract award, the district will ensure the vendor is not suspended or debarred from participating in federal assistance programs. 

    E. Conflict of Interest

    No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by federal funds if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

    No employee, officer, or agent of the district may solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Violation of these standards may result in disciplinary action including, but not limited to, suspension, dismissal, or removal. 

    III. Procedures

    The superintendent or designee will establish bidding and contract awarding procedures consistent with state and federal law. 

     

    Legal References:

    • RCW 28A.335.190 Advertising for bids — Competitive bid procedures — Purchases from inmate work programs — Telephone or written quotation solicitation, limitations — Emergencies
    • RCW 28A.400.330 Crimes against children — Contractor employees — Termination of contract
    • RCW 39.04.155 Small works roster contract procedures — Limited public works process Definition
    • RCW 39.04.280 Competitive bidding requirements — Exemptions
    • RCW 39.26.160 Bid Awards - Considerations - Requirements and criteria to be set forth - Negotiations - Use of enterprise vendor registrations and bid notification system
    • RCW 39.30.060 Bids on public works — Identification, substitution of contractors
    • Chapter. 39.34 RCW Interlocal Cooperation Act
    • 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
    • 2 CFR 200.67 Micro-purchase
    • 2 CFR 200.88 Simplified Acquisition Threshold
    • 2 CFR 200.318 – General Procurement Standards
    • 2 CFR 200.320 Methods of Procurement to be Followed
    • 2 CFR 3485 Nonprocurement Debarment and Suspension

     

    Management Resources:

    • 2019 – January Policy Alert
    • 2018 - August Issue
    • 2017 - July Issue
    • 2016 - March Issue
    • 2015 - October Policy Issue
    • 2015 - June Policy Issue
    • 2013 - June Issue
    • 2012 - April Issue
    • 2011 - February Issue
    • October 2005 Competitive Bid Process Changes
    • June 2001 Legislation Further Simplifies Bid Compliance

  • The board recognizes the importance of:

    • maximizing the use of district resources;
    • the need for sound business practices in spending public money;
    • the requirement of complying with state and federal laws governing purchasing and public works;
    • the importance of standardized purchasing regulations; and
    • the need for clear documentation.

    I. Procurement and Public Works Using State Funds
    A. Furniture, Supplies, or Equipment 

    Whenever the estimated cost of furniture, supplies or equipment (except books) will cost:

    • less than $40,000, no competitive bidding process is required to make the purchase;
    • between $40,000 and $75,000, the board will follow the informal competitive bidding process by requiring quotes from at least three different sources to be obtained in writing or by telephone and recorded for the public to review;
    • over $75,000, the board will follow the formal competitive bidding process by:
       
      1. ​preparing clear and definite plans and specifications for such purchases;
         
      2. providing notice of the call for formal bids by publication in at least one newspaper of general circulation in the district at least once each week for two consecutive weeks;
      3. ensuring that the district takes steps to assure that when possible, the district will use small and minority businesses, women’s business enterprises and labor surplus firms;
         
      4. providing the clear and definite plans and specifications to those interested in submitting a bid;
         
      5. requiring that bids be in writing;
         
      6. opening and reading bids in public on the date and in the place named in the notice; and
         
      7. filing all bids for public inspection after opening.

    ​B. Exemptions

    The board may waive bid requirements for purchases:

    • clearly and legitimately limited to a single source of supply;
    • involving special facilities or market conditions;
    • in the event of an emergency;
    • of insurance or bonds; and
    • involving public works in the event of an emergency.

    "Emergency" means unforeseen circumstances beyond the district's control that present a real, immediate threat to the proper performance of essential functions or will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

    Whenever the board waives bid requirements, the board will issue a document explaining the factual basis for the exception and record the contract for open public inspection.

    C. Rejection of Bids 

    The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

    D. Interlocal Cooperation Act

    The board reserves the right to enter into inter-local cooperative agreements for purchases and public works with other governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW.

    E. Crimes Against Children 
    The board will include in any contract for services with an entity or individual other than an employee of the district a provision requiring the contractor to prohibit any employee of the contractor from working at a public school who has contact with children at a public school during the course of his or her employment and who has pled guilty to or been convicted of any felony crime specified under RCW 28A.400.322. The contract shall also contain a provision that any failure to comply with this section shall be grounds for the district immediately terminating the contract. 

    The superintendent will establish bidding and contract awarding procedures for all purchases of furniture, equipment, supplies (except books), or public works projects consistent with state law.

    F. Use of State Funds for Improvements or Repairs

    The board may make improvements or repairs to district property through a district department without following the competitive bidding process if the total cost of improvements or repairs does not exceed $75,000. If the board estimates that the total cost of a building, improvement, repair, or other public works project is $100,000 or more, the board will follow the formal competitive bidding process outlined above, unless the contract is let using the small works roster process authorized by RCW 39.04.155 or under any other procedure authorized for school districts. There are no statutory bidding requirements for public works projects involving improvements or repairs that are within the $75,000 to $100,000 range. For projects in this range, the district may consider: using its small works roster process, under RCW 39.04.155; using an inter-local agreement or contract with a vendor of the district’s choice, without any competitive process, under RCW 28A.335.190; or choosing to require quotes for the work to make the process more competitive.

    II. Procurement Using Federal Funds

    A. Goods

    When the district uses federal funds for procurement of goods (furniture, supplies, equipment, and textbooks):

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $75,000 must be procured using price or rate quotations from three or more qualified sources.
    • Purchases of $75,000 or more must be publicly solicited using sealed bids or requests for proposals.

    B. Services 

    When the district uses federal funds for procurement of services:

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $250,000 must be procured using price or rate quotations from a reasonable number of qualified sources.
    • Purchases of $250,000 or more must be publicly solicited using sealed bids or requests for proposals.

    C. Noncompetitive Procurement

    Noncompetitive procurement may be used only when one of the following four circumstances applies:  

    • ​The item is only available from a single source;
    • The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
    • The awarding agency (e.g., OSPI) authorizes noncompetitive procurement in response to a written request from the district; or
    • After solicitation of a number of sources, competition is determined inadequate.

    The district must maintain documentation supporting the applicable circumstance for noncompetitive procurement.

    D. Suspension and Debarment

    Before entering into federally funded vendor contracts for goods and services that equal or exceed $25,000 and any subcontract award, the district will ensure the vendor is not suspended or debarred from participating in federal assistance programs. 

    E. Conflict of Interest

    No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by federal funds if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

    No employee, officer, or agent of the district may solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Violation of these standards may result in disciplinary action including, but not limited to, suspension, dismissal, or removal. 

    III. Procedures

    The superintendent or designee will establish bidding and contract awarding procedures consistent with state and federal law. 

    Legal References:

    • RCW 28A.335.190 Advertising for bids — Competitive bid procedures — Purchases from inmate work programs — Telephone or written quotation solicitation, limitations — Emergencies
    • RCW 28A.400.330 Crimes against children — Contractor employees — Termination of contract
    • RCW 39.04.155 Small works roster contract procedures — Limited public works process Definition
    • RCW 39.04.280 Competitive bidding requirements — Exemptions
    • RCW 39.26.160 Bid Awards - Considerations - Requirements and criteria to be set forth - Negotiations - Use of enterprise vendor registrations and bid notification system
    • RCW 39.30.060 Bids on public works — Identification, substitution of contractors
    • Chapter. 39.34 RCW Interlocal Cooperation Act
    • 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
    • 2 CFR 200.67 Micro-purchase
    • 2 CFR 200.88 Simplified Acquisition Threshold
    • 2 CFR 200.318 – General Procurement Standards
    • 2 CFR 200.320 Methods of Procurement to be Followed
    • 2 CFR 3485 Nonprocurement Debarment and Suspension

     

    Management Resources:

    • 2019 – January Policy Alert
    • 2018 - August Issue
    • 2017 - July Issue
    • 2016 - March Issue
    • 2015 - October Policy Issue
    • 2015 - June Policy Issue
    • 2013 - June Issue
    • 2012 - April Issue
    • 2011 - February Issue
    • October 2005 Competitive Bid Process Changes
    • June 2001 Legislation Further Simplifies Bid Compliance

  • The board recognizes the importance of:

    • maximizing the use of district resources;
    • the need for sound business practices in spending public money;
    • the requirement of complying with state and federal laws governing purchasing and public works;
    • the importance of standardized purchasing regulations; and
    • the need for clear documentation.

    I. Procurement and Public Works Using State Funds
    A. Furniture, Supplies, or Equipment 

    Whenever the estimated cost of furniture, supplies or equipment (except books) will cost:

    • less than $40,000, no competitive bidding process is required to make the purchase;
    • between $40,000 and $75,000, the board will follow the informal competitive bidding process by requiring quotes from at least three different sources to be obtained in writing or by telephone and recorded for the public to review;
    • over $75,000, the board will follow the formal competitive bidding process by:
       
      1. ​preparing clear and definite plans and specifications for such purchases;
         
      2. providing notice of the call for formal bids by publication in at least one newspaper of general circulation in the district at least once each week for two consecutive weeks;
      3. ensuring that the district takes steps to assure that when possible, the district will use small and minority businesses, women’s business enterprises and labor surplus firms;
         
      4. providing the clear and definite plans and specifications to those interested in submitting a bid;
         
      5. requiring that bids be in writing;
         
      6. opening and reading bids in public on the date and in the place named in the notice; and
         
      7. filing all bids for public inspection after opening.

    ​B. Exemptions

    The board may waive bid requirements for purchases:

    • clearly and legitimately limited to a single source of supply;
    • involving special facilities or market conditions;
    • in the event of an emergency;
    • of insurance or bonds; and
    • involving public works in the event of an emergency.

    "Emergency" means unforeseen circumstances beyond the district's control that present a real, immediate threat to the proper performance of essential functions or will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

    Whenever the board waives bid requirements, the board will issue a document explaining the factual basis for the exception and record the contract for open public inspection.

    C. Rejection of Bids 

    The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

    D. Interlocal Cooperation Act

    The board reserves the right to enter into inter-local cooperative agreements for purchases and public works with other governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW.

    E. Crimes Against Children 
    The board will include in any contract for services with an entity or individual other than an employee of the district a provision requiring the contractor to prohibit any employee of the contractor from working at a public school who has contact with children at a public school during the course of his or her employment and who has pled guilty to or been convicted of any felony crime specified under RCW 28A.400.322. The contract shall also contain a provision that any failure to comply with this section shall be grounds for the district immediately terminating the contract. 

    The superintendent will establish bidding and contract awarding procedures for all purchases of furniture, equipment, supplies (except books), or public works projects consistent with state law.

    F. Use of State Funds for Improvements or Repairs

    The board may make improvements or repairs to district property through a district department without following the competitive bidding process if the total cost of improvements or repairs does not exceed $75,000. If the board estimates that the total cost of a building, improvement, repair, or other public works project is $100,000 or more, the board will follow the formal competitive bidding process outlined above, unless the contract is let using the small works roster process authorized by RCW 39.04.155 or under any other procedure authorized for school districts. There are no statutory bidding requirements for public works projects involving improvements or repairs that are within the $75,000 to $100,000 range. For projects in this range, the district may consider: using its small works roster process, under RCW 39.04.155; using an inter-local agreement or contract with a vendor of the district’s choice, without any competitive process, under RCW 28A.335.190; or choosing to require quotes for the work to make the process more competitive.

    II. Procurement Using Federal Funds

    A. Goods

    When the district uses federal funds for procurement of goods (furniture, supplies, equipment, and textbooks):

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $75,000 must be procured using price or rate quotations from three or more qualified sources.
    • Purchases of $75,000 or more must be publicly solicited using sealed bids or requests for proposals.

    B. Services 

    When the district uses federal funds for procurement of services:

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $250,000 must be procured using price or rate quotations from a reasonable number of qualified sources.
    • Purchases of $250,000 or more must be publicly solicited using sealed bids or requests for proposals.

    C. Noncompetitive Procurement

    Noncompetitive procurement may be used only when one of the following four circumstances applies:  

    • ​The item is only available from a single source;
    • The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
    • The awarding agency (e.g., OSPI) authorizes noncompetitive procurement in response to a written request from the district; or
    • After solicitation of a number of sources, competition is determined inadequate.

    The district must maintain documentation supporting the applicable circumstance for noncompetitive procurement.

    D. Suspension and Debarment

    Before entering into federally funded vendor contracts for goods and services that equal or exceed $25,000 and any subcontract award, the district will ensure the vendor is not suspended or debarred from participating in federal assistance programs. 

    E. Conflict of Interest

    No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by federal funds if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

    No employee, officer, or agent of the district may solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Violation of these standards may result in disciplinary action including, but not limited to, suspension, dismissal, or removal. 

    III. Procedures

    The superintendent or designee will establish bidding and contract awarding procedures consistent with state and federal law. 

    Legal References:

    • RCW 28A.335.190 Advertising for bids — Competitive bid procedures — Purchases from inmate work programs — Telephone or written quotation solicitation, limitations — Emergencies
    • RCW 28A.400.330 Crimes against children — Contractor employees — Termination of contract
    • RCW 39.04.155 Small works roster contract procedures — Limited public works process Definition
    • RCW 39.04.280 Competitive bidding requirements — Exemptions
    • RCW 39.26.160 Bid Awards - Considerations - Requirements and criteria to be set forth - Negotiations - Use of enterprise vendor registrations and bid notification system
    • RCW 39.30.060 Bids on public works — Identification, substitution of contractors
    • Chapter. 39.34 RCW Interlocal Cooperation Act
    • 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
    • 2 CFR 200.67 Micro-purchase
    • 2 CFR 200.88 Simplified Acquisition Threshold
    • 2 CFR 200.318 – General Procurement Standards
    • 2 CFR 200.320 Methods of Procurement to be Followed
    • 2 CFR 3485 Nonprocurement Debarment and Suspension

     

    Management Resources:

    • 2019 – January Policy Alert
    • 2018 - August Issue
    • 2017 - July Issue
    • 2016 - March Issue
    • 2015 - October Policy Issue
    • 2015 - June Policy Issue
    • 2013 - June Issue
    • 2012 - April Issue
    • 2011 - February Issue
    • October 2005 Competitive Bid Process Changes
    • June 2001 Legislation Further Simplifies Bid Compliance

  • The board recognizes the importance of:

    • maximizing the use of district resources;
    • the need for sound business practices in spending public money;
    • the requirement of complying with state and federal laws governing purchasing and public works;
    • the importance of standardized purchasing regulations; and
    • the need for clear documentation.

    I. Procurement and Public Works Using State Funds
    A. Furniture, Supplies, or Equipment 

    Whenever the estimated cost of furniture, supplies or equipment (except books) will cost:

    • less than $40,000, no competitive bidding process is required to make the purchase;
    • between $40,000 and $75,000, the board will follow the informal competitive bidding process by requiring quotes from at least three different sources to be obtained in writing or by telephone and recorded for the public to review;
    • over $75,000, the board will follow the formal competitive bidding process by:
       
      1. ​preparing clear and definite plans and specifications for such purchases;
         
      2. providing notice of the call for formal bids by publication in at least one newspaper of general circulation in the district at least once each week for two consecutive weeks;
      3. ensuring that the district takes steps to assure that when possible, the district will use small and minority businesses, women’s business enterprises and labor surplus firms;
         
      4. providing the clear and definite plans and specifications to those interested in submitting a bid;
         
      5. requiring that bids be in writing;
         
      6. opening and reading bids in public on the date and in the place named in the notice; and
         
      7. filing all bids for public inspection after opening.

    ​B. Exemptions

    The board may waive bid requirements for purchases:

    • clearly and legitimately limited to a single source of supply;
    • involving special facilities or market conditions;
    • in the event of an emergency;
    • of insurance or bonds; and
    • involving public works in the event of an emergency.

    "Emergency" means unforeseen circumstances beyond the district's control that present a real, immediate threat to the proper performance of essential functions or will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

    Whenever the board waives bid requirements, the board will issue a document explaining the factual basis for the exception and record the contract for open public inspection.

    C. Rejection of Bids 

    The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

    D. Interlocal Cooperation Act

    The board reserves the right to enter into inter-local cooperative agreements for purchases and public works with other governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW.

    E. Crimes Against Children 
    The board will include in any contract for services with an entity or individual other than an employee of the district a provision requiring the contractor to prohibit any employee of the contractor from working at a public school who has contact with children at a public school during the course of his or her employment and who has pled guilty to or been convicted of any felony crime specified under RCW 28A.400.322. The contract shall also contain a provision that any failure to comply with this section shall be grounds for the district immediately terminating the contract. 

    The superintendent will establish bidding and contract awarding procedures for all purchases of furniture, equipment, supplies (except books), or public works projects consistent with state law.

    F. Use of State Funds for Improvements or Repairs

    The board may make improvements or repairs to district property through a district department without following the competitive bidding process if the total cost of improvements or repairs does not exceed $75,000. If the board estimates that the total cost of a building, improvement, repair, or other public works project is $100,000 or more, the board will follow the formal competitive bidding process outlined above, unless the contract is let using the small works roster process authorized by RCW 39.04.155 or under any other procedure authorized for school districts. There are no statutory bidding requirements for public works projects involving improvements or repairs that are within the $75,000 to $100,000 range. For projects in this range, the district may consider: using its small works roster process, under RCW 39.04.155; using an inter-local agreement or contract with a vendor of the district’s choice, without any competitive process, under RCW 28A.335.190; or choosing to require quotes for the work to make the process more competitive.

    II. Procurement Using Federal Funds

    A. Goods

    When the district uses federal funds for procurement of goods (furniture, supplies, equipment, and textbooks):

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $75,000 must be procured using price or rate quotations from three or more qualified sources.
    • Purchases of $75,000 or more must be publicly solicited using sealed bids or requests for proposals.

    B. Services 

    When the district uses federal funds for procurement of services:

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $250,000 must be procured using price or rate quotations from a reasonable number of qualified sources.
    • Purchases of $250,000 or more must be publicly solicited using sealed bids or requests for proposals.

    C. Noncompetitive Procurement

    Noncompetitive procurement may be used only when one of the following four circumstances applies:  

    • ​The item is only available from a single source;
    • The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
    • The awarding agency (e.g., OSPI) authorizes noncompetitive procurement in response to a written request from the district; or
    • After solicitation of a number of sources, competition is determined inadequate.

    The district must maintain documentation supporting the applicable circumstance for noncompetitive procurement.

    D. Suspension and Debarment

    Before entering into federally funded vendor contracts for goods and services that equal or exceed $25,000 and any subcontract award, the district will ensure the vendor is not suspended or debarred from participating in federal assistance programs. 

    E. Conflict of Interest

    No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by federal funds if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

    No employee, officer, or agent of the district may solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Violation of these standards may result in disciplinary action including, but not limited to, suspension, dismissal, or removal. 

    III. Procedures

    The superintendent or designee will establish bidding and contract awarding procedures consistent with state and federal law. 

    Legal References:

    • RCW 28A.335.190 Advertising for bids — Competitive bid procedures — Purchases from inmate work programs — Telephone or written quotation solicitation, limitations — Emergencies
    • RCW 28A.400.330 Crimes against children — Contractor employees — Termination of contract
    • RCW 39.04.155 Small works roster contract procedures — Limited public works process Definition
    • RCW 39.04.280 Competitive bidding requirements — Exemptions
    • RCW 39.26.160 Bid Awards - Considerations - Requirements and criteria to be set forth - Negotiations - Use of enterprise vendor registrations and bid notification system
    • RCW 39.30.060 Bids on public works — Identification, substitution of contractors
    • Chapter. 39.34 RCW Interlocal Cooperation Act
    • 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
    • 2 CFR 200.67 Micro-purchase
    • 2 CFR 200.88 Simplified Acquisition Threshold
    • 2 CFR 200.318 – General Procurement Standards
    • 2 CFR 200.320 Methods of Procurement to be Followed
    • 2 CFR 3485 Nonprocurement Debarment and Suspension

     

    Management Resources:

    • 2019 – January Policy Alert
    • 2018 - August Issue
    • 2017 - July Issue
    • 2016 - March Issue
    • 2015 - October Policy Issue
    • 2015 - June Policy Issue
    • 2013 - June Issue
    • 2012 - April Issue
    • 2011 - February Issue
    • October 2005 Competitive Bid Process Changes
    • June 2001 Legislation Further Simplifies Bid Compliance

  • The board recognizes the importance of:

    • maximizing the use of district resources;
    • the need for sound business practices in spending public money;
    • the requirement of complying with state and federal laws governing purchasing and public works;
    • the importance of standardized purchasing regulations; and
    • the need for clear documentation.

    I. Procurement and Public Works Using State Funds
    A. Furniture, Supplies, or Equipment 

    Whenever the estimated cost of furniture, supplies or equipment (except books) will cost:

    • less than $40,000, no competitive bidding process is required to make the purchase;
    • between $40,000 and $75,000, the board will follow the informal competitive bidding process by requiring quotes from at least three different sources to be obtained in writing or by telephone and recorded for the public to review;
    • over $75,000, the board will follow the formal competitive bidding process by:
       
      1. ​preparing clear and definite plans and specifications for such purchases;
         
      2. providing notice of the call for formal bids by publication in at least one newspaper of general circulation in the district at least once each week for two consecutive weeks;
      3. ensuring that the district takes steps to assure that when possible, the district will use small and minority businesses, women’s business enterprises and labor surplus firms;
         
      4. providing the clear and definite plans and specifications to those interested in submitting a bid;
         
      5. requiring that bids be in writing;
         
      6. opening and reading bids in public on the date and in the place named in the notice; and
         
      7. filing all bids for public inspection after opening.

    ​B. Exemptions

    The board may waive bid requirements for purchases:

    • clearly and legitimately limited to a single source of supply;
    • involving special facilities or market conditions;
    • in the event of an emergency;
    • of insurance or bonds; and
    • involving public works in the event of an emergency.

    "Emergency" means unforeseen circumstances beyond the district's control that present a real, immediate threat to the proper performance of essential functions or will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

    Whenever the board waives bid requirements, the board will issue a document explaining the factual basis for the exception and record the contract for open public inspection.

    C. Rejection of Bids 

    The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

    D. Interlocal Cooperation Act

    The board reserves the right to enter into inter-local cooperative agreements for purchases and public works with other governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW.

    E. Crimes Against Children 
    The board will include in any contract for services with an entity or individual other than an employee of the district a provision requiring the contractor to prohibit any employee of the contractor from working at a public school who has contact with children at a public school during the course of his or her employment and who has pled guilty to or been convicted of any felony crime specified under RCW 28A.400.322. The contract shall also contain a provision that any failure to comply with this section shall be grounds for the district immediately terminating the contract. 

    The superintendent will establish bidding and contract awarding procedures for all purchases of furniture, equipment, supplies (except books), or public works projects consistent with state law.

    F. Use of State Funds for Improvements or Repairs

    The board may make improvements or repairs to district property through a district department without following the competitive bidding process if the total cost of improvements or repairs does not exceed $75,000. If the board estimates that the total cost of a building, improvement, repair, or other public works project is $100,000 or more, the board will follow the formal competitive bidding process outlined above, unless the contract is let using the small works roster process authorized by RCW 39.04.155 or under any other procedure authorized for school districts. There are no statutory bidding requirements for public works projects involving improvements or repairs that are within the $75,000 to $100,000 range. For projects in this range, the district may consider: using its small works roster process, under RCW 39.04.155; using an inter-local agreement or contract with a vendor of the district’s choice, without any competitive process, under RCW 28A.335.190; or choosing to require quotes for the work to make the process more competitive.

    II. Procurement Using Federal Funds

    A. Goods

    When the district uses federal funds for procurement of goods (furniture, supplies, equipment, and textbooks):

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $75,000 must be procured using price or rate quotations from three or more qualified sources.
    • Purchases of $75,000 or more must be publicly solicited using sealed bids or requests for proposals.

    B. Services 

    When the district uses federal funds for procurement of services:

    • Purchases of $10,000 or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.
    • Purchases between $10,000 and $250,000 must be procured using price or rate quotations from a reasonable number of qualified sources.
    • Purchases of $250,000 or more must be publicly solicited using sealed bids or requests for proposals.

    C. Noncompetitive Procurement

    Noncompetitive procurement may be used only when one of the following four circumstances applies:  

    • ​The item is only available from a single source;
    • The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
    • The awarding agency (e.g., OSPI) authorizes noncompetitive procurement in response to a written request from the district; or
    • After solicitation of a number of sources, competition is determined inadequate.

    The district must maintain documentation supporting the applicable circumstance for noncompetitive procurement.

    D. Suspension and Debarment

    Before entering into federally funded vendor contracts for goods and services that equal or exceed $25,000 and any subcontract award, the district will ensure the vendor is not suspended or debarred from participating in federal assistance programs. 

    E. Conflict of Interest

    No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by federal funds if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

    No employee, officer, or agent of the district may solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Violation of these standards may result in disciplinary action including, but not limited to, suspension, dismissal, or removal. 

    III. Procedures

    The superintendent or designee will establish bidding and contract awarding procedures consistent with state and federal law. 

    Legal References:

    • RCW 28A.335.190 Advertising for bids — Competitive bid procedures — Purchases from inmate work programs — Telephone or written quotation solicitation, limitations — Emergencies
    • RCW 28A.400.330 Crimes against children — Contractor employees — Termination of contract
    • RCW 39.04.155 Small works roster contract procedures — Limited public works process Definition
    • RCW 39.04.280 Competitive bidding requirements — Exemptions
    • RCW 39.26.160 Bid Awards - Considerations - Requirements and criteria to be set forth - Negotiations - Use of enterprise vendor registrations and bid notification system
    • RCW 39.30.060 Bids on public works — Identification, substitution of contractors
    • Chapter. 39.34 RCW Interlocal Cooperation Act
    • 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
    • 2 CFR 200.67 Micro-purchase
    • 2 CFR 200.88 Simplified Acquisition Threshold
    • 2 CFR 200.318 – General Procurement Standards
    • 2 CFR 200.320 Methods of Procurement to be Followed
    • 2 CFR 3485 Nonprocurement Debarment and Suspension

     

    Management Resources:

    • 2019 – January Policy Alert
    • 2018 - August Issue
    • 2017 - July Issue
    • 2016 - March Issue
    • 2015 - October Policy Issue
    • 2015 - June Policy Issue
    • 2013 - June Issue
    • 2012 - April Issue
    • 2011 - February Issue
    • October 2005 Competitive Bid Process Changes
    • June 2001 Legislation Further Simplifies Bid Compliance