Updated January 2020

Brownsville Independent School District

PROCUREMENT GUIDE

Brownsville Independent School District Purchasing Department

1900 Price Road Brownsville, TX 78521 | (956) 548-8361

http://www.bisd.us/Purchasing/

Table of Contents

Page Mission Statement................................................................................................... I Preface .................................................................................................................... 1 Overview ............................................................................................................ 2-3 Procurement Process ............................................................................................... 4 Procurement Law .................................................................................................... 4 Established Procurement Policies and Administrative Guidelines ........................... 5 Organizational Chart ............................................................................................... 6 Purchasing Code of Ethics ...................................................................................... 7 Gifts and Gratuities ................................................................................................. 7 Purchasing Authority .............................................................................................. 8 Procurement Guidelines .......................................................................................... 9 Procedure for Initiating Purchases ................................................................... 10-11 Procedure for Processing the Purchase Order ........................................................ 12 Competitive Procurement Requirements and Procedures ................................ 13-15 Procedures for Procurement of Goods/Services Valued at $50,000+ ..................... 16 Request for Purchase Flow Chart $50,000/Over .................................................... 17 Vendor Protest Procedures .............................................................................. 18-20 Purchasing Levels & Requirement Sheet .............................................................. 21 Procurement Methods to Follow Flow Chart ......................................................... 22 Quote Form and Instructions ........................................................................... 23-25 Definitions ...................................................................................................... 26-28 Staff ...................................................................................................................... 29

Mission Statement

The mission of the Brownsville Independent School District Purchasing Department is to provide efficient and timely procurement services, that maximize the District’s resources and promotes its instruction and professional service programs and where all children come first.

Ethics Laws and Professional Standards

*Public procurement professionals are the gatekeepers for the proper expenditure of the government’s limited financial resources. They are entrusted to uphold the highest ethical standards and be good stewards of public funds with every purchasing decision they make. Ethical behavior and integrity are fundamental tenets of the public procurement profession that derive from values like “fairness,” “honesty,” and “accountability.” When an individual’s official duties clash with the individual’s personal interests, a “conflict of interest” may occur; this conflict may impair one’s judgement when trying to determine the proper course of action. Any erosion of public trust or perception of impropriety is detrimental to the integrity of the procurement process; therefore, all state employees involved in procurement activities must act in an ethical, impartial, transparent, and professional manner.

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Preface

In an effort to simplify established District legal, local, administrative, Texas Education Agency policies and procedures, and Federal policies the following procurement guide has been formulated.

It is essential that Brownsville Independent School District employees involved in the use of public funds be fully aware of their responsibility and limitations. While this guide does not cover every detail of all regulations, practices and statutes governing purchasing, it does provide the basic principles of sound purchasing practices. Reference to this guide will aid District staff in the discharge of their duties involving fiscal control and management.

Support will be provided to all District personnel through training and staff development by the Business Division to current employees and all new hires.

The primary function of the Purchasing Department is to meet the product and service needs of the Brownsville Independent School District by:

1. Meeting all Federal, State, and Local Laws including Board policies in the

obtainment of the best product at the lowest cost to the end customer.

2. Fair competition among bidders.

3. Full opportunity for all bidders to bid for the BISD business on an equal basis.

4. Understanding by all BISD employees & bidders on the District’s method of purchasing and basis of awards.

5. Constantly seeking to identify and implement strategies and techniques that will enhance the level of service and integrity provided by the Purchasing Department.

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OVERVIEW The purchasing function is a major management process supporting financial accountability in Texas School Districts. Purchasing has several links to overall accountability initiatives which include the:

1. Strategic Link: The overall mission of purchasing is to use available financial resources to obtain the best product or service for the district’s dollar or money.

2. Operational Link: Purchasing supports daily operations delivery, administration and other services. Performance and goal achievement throughout the Brownsville ISD depends on its effectiveness.

3. Tactical Link: The purchasing process affects day-to-day financial functions including budget management, accounting, and accurate financial reporting. Purchasing in the public sector environment presents numerous challenges including:

a. The requirement to comply with numerous statutes, policies, legal

interpretations, and procedures. The complexity of these requirements demands not only knowledge of purchasing laws and standards but compliance in implementing a purchasing system that also meets user needs.

b. The competition among vendors for the district’s business. The strong

competition among vendors for the district’s business may create pressure on district personnel for product selection, bid or proposal awards, and dispute resolution. Most public entities seek to foster both good vendor relations and strong competition but balance them with objective purchasing decisions.

c. The consistent oversight by interest groups. Purchasing for public entities is scrutinized by diverse groups including those from the public, the media, state and federal agencies, and auditors. Strict adherence to established guidelines and consistency in record keeping, documentation, and execution of procedures assists the utility in withstanding this scrutiny.

d. The many “gray” areas relating to purchasing methods and procedures.

Complex and diverse needs create challenges for the Brownsville ISD to determine the appropriate purchasing methods. Ever-changing legislative, executive, and judicial decisions at both the state and federal levels further complicate the purchasing process.

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To meet these challenges, this employee guide provides tools for managing the purchasing process throughout Brownsville ISD by examining:

1. Purchasing Responsibilities: Purchasing function organization and staffing.

2. Purchasing Process: The process of purchasing goods and services including

bidding, quoting, evaluating, and vendor selection and vendor relations.

3. Competitive Purchasing Options: Addresses competitive purchasing options including legal requirement for procurement and award of contracts.

4. Cooperative Purchasing: Provides a review of group purchasing.

Purchasing Goals are to:

1. Purchase the proper goods or services to suit BISD’s need.

2. Get the best possible price for the goods or services.

3. Have the goods or services available where and when it is needed.

4. Insure a continuing supply of needed goods and services.

5. Guard against any misappropriation of business assets purchased.

6. Insure responsible bidders are given a fair opportunity to compete for the district’s business. This is done partially by the statutory requirements for competitive bids and proposals, and partially by the district’s own purchasing procedures.

7. Insure public funds are safeguarded. Although the purchasing office does not usually designate the type of purchases to be made, we see that the best value is received for the public dollar.

8. Insure public spending is not used to enrich elected officials or government

employees or to confer favors on favored constituents.

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PROCUREMENT PROCESS

• Process used for the acquisition of all goods, materials, supplies and services used by the District

• Governed by Education Code 44.031, CH (Legal), and purchased following CH (Local), District Employee Handbook/Administrative Guidelines, and the Texas Education Agency Financial Accounting System Resource Guide

• Procurement process does not change or is not altered between District, locations, areas, or departments. Same process is used all purchases throughout the District

PROCUREMENT LAW

• Education Code 44.031 – all school district contracts, except for the purchases of produce

or fuel and which value is $50,000 or more in the aggregate over a 12 month period must be competitively procured

• Must be competitively procured using one of the 9 methods provided by Education Code 44.031, (i.e. competitive bidding, sealed proposals, requests for qualifications)

• Exemptions to procurement law/competitive procurement and following Government Code 2254, are professional services

• Professional services may not be acquired on the basis of competitive bids submitted, but rather the selection of these should be made on the basis of demonstrated competence and qualifications to perform service and for a fair and reasonable price

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ESTABLISHED PROCUREMENT POLICIES AND ADMINSTRATIVE GUIDELINES

• CH (Legal) - the Board may adopt rules and procedures for the acquisition of goods and

services. (This has been established through CH (Local), and Administrative Guidelines.)

• CH Local – the Board shall assume responsibility for debts incurred in the name of the District so long as those debts are for purchases made in accordance with adopted Board policy and current administrative procedures. The Board shall not be responsible for debts incurred by persons or organization not directly under Board control. Persons making unauthorized purchases shall assume full responsibility for all such debts. All purchase commitments shall be made by the Superintendent or designee on a properly drawn and issued purchase order, in accordance with administrative procedures

• Employee Handbook Purchasing Procedures – All requests for purchases must be submitted to the Purchasing Department on the official online purchase order system. No purchase, charges, or commitments to buy goods or services for the District can be made without a Purchase Order number. The District will not reimburse employees or assume responsibility for purchases made without authorization. Employees are not permitted to purchase supplies or equipment for personal use through the District’s business office. Contact your supervisor and the Purchasing Department for additional information on purchasing procedures

• Texas Education Agency Financial Accounting System Resource Guide, 3.2.4 Purchase Orders – Purchase orders are among the most commonly utilized method for procuring goods and services. As its name indicates, this document serves as a formal order for goods, materials and/or services from a vendor. A purchase order, once approved, is a binding commitment for a district to remit payment to the vendor after the item(s) and an invoice are received by the district. A purchase order is also an important accounting document. It contains information on the expenditure to be made and the account code to be charged. Once issued, the purchase order encumbers funds, which serves as an expenditure control mechanism. Finally, the purchase order is utilized in the accounts payable process as it documents that an order has been received and accepted by the user and payment can be made to the vendor

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ORGANIZATIONAL CHART

Updated: 11/05/19

Brownsville Independent School District Purchasing Department Organizational Chart

Eddie Gomez Clerk

Anita Pineda Clerk

Elvira Guillen

Clerk

Norma Lucio Jr. Buyer

Sandy Villanueva Jr. Buyer

Susie Garza Jr. Buyer

Mayra Castaneda Travel Specialist

Corpus Zorola, CTSBS, CTPM Senior Buyer

Marisela Ayala Senior Buyer

Connie Alvear, CTSBS

Senior Buyer

Delia Rodriguez, CTPM, CTSBO

Purchasing Specialist

Nora Michaels Secretary

Rosario Peña, RTSBA

Purchasing Administrator

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PURCHASING CODE OF ETHICS

• Promote positive vendor relationships through courtesy and impartiality.

• Know and obey the letter and spirit of laws governing the purchasing function and remain alert to the legal ramifications of purchasing decisions.

• Avoid the intent and appearance of unethical or compromising practice in relationships,

actions and communication.

• Demonstrate loyalty to BISD by diligently following the lawful instructions of BISD, using reasonable care and only authority granted.

• Refrain from any private business or professional activity that would create a conflict

between personal interests and those of BISD.

• Refrain from soliciting or accepting money, loans, credits, discounts, gifts, entertainment, favors, or services from present or potential vendors.

• Handle confidential or proprietary information with due care and proper consideration of

ethical and legal ramifications and governmental regulations.

• Ensure that all segments of society have the opportunity to participate in government contracts.

• Discourage purchasing involvement in personal purchases, which are not school business

related.

• Enhance the stature of the purchasing profession by improving technical knowledge and adhering to the highest ethical standards.

GIFTS AND GRATUITIES

It is Brownsville ISD Purchasing Department practice not to accept anything of value from a vendor, such as personal gifts or gratuities. Although such practices are legitimate and generally accepted in the private sector, there is substantial possibility that both giving and receiving of such “hospitality” constitutes a Class A misdemeanor offense of “Gift to a Public Servant” if the recipient is a government employee who exercises some influence in the purchasing process for the governmental body.

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PURCHASING AUTHORITY

Following CH (LOCAL) under Purchasing Authority: “The Board delegates to the Superintendent or designee the authority to make budgeted purchases for goods or services. However, any single, budgeted purchase of goods or services that costs $50,000 or more, which is not acquired using one of the procurement methods outlined in Education Code 44.031, including the exemptions of produce or vehicle fuel, shall require Board approval before a transaction may take place.” Any single budgeted purchase of goods or services that costs $50,000 or more and is acquired through a Board-approved interlocal agreement or cooperative purchasing program shall have three written quotes.

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PROCUREMENT GUIDELINES Following established policies and administrative guidelines, the following must be adhered to when procuring goods and materials – i.e. consumable supplies and materials or equipment used in any setting within the District; Services – i.e. consultants, motivational speakers, repairs/cleaning, professional services, or other contracted services and rentals – i.e. of facilities, halls, rooms, u-hauls, and equipment. This list shall not be considered as an absolute but will serve as a guide to all District purchases.

The following will apply:

• All requests for purchases must be submitted to the Purchasing Department on the

official online purchase order system. No purchases, charges, or commitments to buy any goods, materials, supplies, and services for District use can be made without the issuance of a Purchase Order number; and

• The District will not reimburse employees or assume responsibility for purchases made without proper authorization; and

• Employees are not permitted to make purchases for personal use through the District’s business division and/or the online purchase order system.

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PROCEDURE FOR INITIATING PURCHASES

Purchase Requisition:

1. Each campus/department employee that has been given security clearance for the Bi-Tech on-line order system or his/her designee will originate a purchase requisition entering all data required (including a complete description of item(s) requested), urgency required, the expense code, and the recommended source of supply, if known, and the estimated price

2. Once entered into the on-line purchase order system, the purchase request will follow the normal approval workflow prior to reaching the Purchasing Department

3. Once the purchase request has reached the Purchasing Department, it will flow to staff member that will review for correct account coding

4. Once reviewed for account coding it will flow to the appropriate Jr. Buyer or Sr. Buyer for verification of purchase to ensure that all procurement processes, laws, and policies have been met.

5. Once reviewed for procurement processes, laws, and policies and after all corrections/revisions have been performed, the purchase request will flow to the Purchasing Administrator for final review and approval

6. Once approval from Purchasing Administrator is received purchase request will flow to the final area for issuance of a purchase order number and for purchase order to be printed

7. The Bi-Tech system will electronically, via email, notify the originator of the purchase request that the purchase request has received a purchase order number

8. The Purchasing Department will issue a Purchase Order (PO) and attach all pertinent information to the Purchasing Department Purchase Order copy

9. Normally, a Requisition under $50,000.00 properly completed by the requesting department and properly approved will be promptly processed. The nature of the obligation may require special or board approval requiring the process to take longer

9. The district’s Bi-Tech Help Desk has available a detailed training manual for the

use of the on-line purchase order system

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10. The following information is required for the purchase requisition to be approved:

• Vendor Quote attached to Purchase Request – quote must include bid number or co-op contract number • Quote must match the description and pricing with Purchase Request

For more details - Review Purchasing Levels and Requirements (page 21)

PROCEDURE FOR PROCESSING THE PURCHASE ORDER The Purchasing Department will function as the central point for all purchases of materials, supplies, equipment and services required for the operation of the Brownsville ISD under the direction of the Purchasing Administrator.

A. Accountability.

1. Each Purchase Order will be filed in sequence with pertinent information.

2. Each purchase order will be accounted for by number.

B. Completion and Processing of the Purchase Order

1. Purchases in amounts of less than $9,999.99 require one (1) documented

quote unless the source of supply is a sole source, General and/or Groceries bid, Restaurant(s), and Punch-Out orders. (Note: Sole source requires a notarized Sole Source Affidavit and Justification Form). Upon receipt of the quotes and requisition the Junior Buyer or Senior Buyer will review for quality of products offered, price, delivery, cost of transportation, etc.

2. Purchases in amounts of $10,000 - $49,999.99 require three (3) written quotes (if not on bid or a cooperative) and/or sole source. (Note: Sole source requires a notarized Sole Source Affidavit and Justification Form). Upon receipt of the quotes and requisition the Junior Buyer or Senior Buyer will review for quality of products offered, price, delivery, cost of transportation, etc. Quotes must be attached to all PR’s (see quote form page

3. Purchases in amount of $50,000 or greater are subject to the requirements of the competitive procurement process unless exempted by law.

4. Purchases of goods or services in the of $50,000 or greater that fall under the exemption criteria or are considered true “sole sources” must be Board approved prior to the purchase following CH (Local) under Purchasing Authority

5. The bidder with the best-evaluated price, meeting the required specifications and delivery requirements will be selected as the supplier

6. The Purchase Order will recap the specifications, price and delivery contained in the selected quotation

C. Distribution of Purchase Order

1. The Vendor Copy will be forwarded to the vendor

2. The Purchasing File Copy will be filed in the Purchasing Department in numerical sequence

3. The Accounts Payable Copy will be forwarded to the Finance Department/Accounts Payable for processing of payment

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COMPETITIVE PROCUREMENT REQUIREMENTS AND PROCEDURES

General Procurement Methods:

The Brownsville Independent School District uses the following methods to purchase all goods and services:

• Purchases in amounts of .01 - $9,999.99 require one (1) written quote • Purchases in amounts of $10,000 - $49,999.99 require three (3) written quotes • Purchases in amount of $50,000 or greater are subject to the requirements of the competitive

procurement process unless exempted by law. • Purchases of goods or services in the amount of $50,000 or greater that fall under the

exemption criteria or are considered true “sole sources” must be Board approved prior to the purchase following CH (Local) under Purchasing Authority.

• Any single budgeted purchase of goods or services that costs $50,000 or more and is acquired through a Board-approved interlocal agreement or cooperative purchasing program shall have three written quotes. Following CH (Local) under Purchasing Authority

Emergency Purchases:

An “emergency purchase” is the procurement of goods, materials, supplies, and services which are of such importance and needed that the District will suffer financial or operational damage and both the students’ and staffs’ safety and welfare may be jeopardized if these commodities are not secured immediately.

It will be the responsibility of the Administrator, with proper authorization from the Area Assistant Superintendent and Chief Financial Officer to determine that an emergency exists and to justify the decision with follow up documentation.

In such cases the following will apply:

• Upon determination that an emergency exists, the affected location Administrator or

designee will contact the Purchasing Department to ensure the needed commodity is procured following all procurement policies and procedures.

Procurement for Consultants and Contracted Services:

Definitions – Texas Education Resource Guide:

Consulting Services: The practice of helping Districts to improve performance through analysis of existing problems and development of future plans. Generally bring formal frameworks or methodologies to identify problems and suggest more effective or efficient ways of performing tasks.

Contracted Services: Texas Education Resource Guide does not provide formal definition and states that these are services not defined elsewhere in the Resource Guide. Locally these may be defined as services that do not provide a benefit to the district as a whole.

• BISD competitively procures consulting services using the formal sealed proposal process,

since by category and in the aggregate these services exceed the $50,000 threshold • Professional consulting services that meet the competitive procurement exemption criteria

and that by category and in the aggregate are not at or exceed the $50,000 are not competitively procured

• Professional consulting services that meet the competitive procurement exemption criteria, and are at or exceed the $50,000 and following CH (Local) policy must have Board approval prior to the purchase

• Contracted services that by category and in the aggregate are not at or exceed the $50,000 are not competitively procured

• Contracted services that by category and in the aggregate exceed the $50,000 and following CH (Local) policy must have Board approval prior to the purchase

Procurement of Sole Sources:

A sole source purchase can be made without the benefit of a competitive process when there are no other items available in the marketplace that have the same fit, form and function of the items being purchased. To comply with the State of Texas definition of a sole source provider, the vendor must satisfy one of the following requirements as defined in the Texas Education Code, Subchapter B., Sec. 44.031.

(j) Without complying with Subsection (a), the Board of Trustees of a school district may purchase an item that is available from only one source including:

(1) an item for which competition is precluded because of the existence of a patent,

copyright, secret process, or monopoly: (2) a film, manuscript, or book; (3) a utility service, including electricity, gas, or water, and (4) a captive replacement part of component for equipment

(k) The exceptions provided by Subsection (j) do not apply to mainframe data-processing equipment and peripheral attachments with a single-item purchase price in excess of $15,000 and:

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As per the Texas Education Agency Audit Division, no software products can be classified as a “sole source” item.

Can we purchase items using sole sources?

Yes, the Purchasing Department has designed a Sole Source Affidavit and Justification Form that must be submitted by the requesting department. All sole source vendors must have the CFO’s approval and be on file with the Purchasing Department prior to the issuance of a purchase order.

The forms will be posted and available to on the Purchasing Department website.

The Purchasing Department will monitor closely the use of sole sources and encourages the use of existing bids, inter-local agreements, state awarded contracts, for all the district’s procurement needs.

Procurement of Travel Services:

All travel arrangements must be made through the Brownsville Independent School District Travel Department (BISD TD) at least 30 days in advance. Administrative staffs, Principals and Directors are responsible for ensuring compliance with these procedures.

Please review the following website for information required for travel: http://www.bisd.us/Purchasing/html/Travel.htm

Procurement using State Cooperative and Inter-local Agreements:

Brownsville ISD does participate through Board adopted Resolutions, the use of all State awarded contracts, regional service centers, and inter-local agreements.

The following Cooperatives are used:

Omnia Partners BuyBoard Texas Comptroller (DIR) H-GAC Cooperative Purchasing Program U.S. Communities Region 1 (General) Region 1 (Library Services) Region 1 (Food Service) Region 8/TIPS (The Inter-local Purchasing System) HCDE (Harris County Department of Education) Choice Partners National Joint Powers Alliance ESC-Region 19 (Allied States Cooperative) Region 20 Pace Purchasing Cooperative

District staff is able to access all our Cooperatives through our website.

PROCEDURES FOR PROCURMENT OF GOODS/SERVICES VALUED AT $50,000+

A. Processing

1. Purchases $50,000.00 or greater must go through the bidding process

2. The invitation to bid for regular purchases will contain the specifications for the type

of material or services required

3. The Purchasing Department will coordinate with the requesting department if there is any doubt as to the specifications or suitable substitutes

4. Upon assurance that the specifications are accurate, the invitation to bid will be

advertised in the local newspaper

5. The advertisement will include the:

a. Type of commodity, equipment or service being bid.

b. Contact person and address for information on bid forms.

c. Bid number.

d. Date, time and place of bid opening.

6. The bid specifications will be forwarded to qualified vendors (not less than three)

7. Bid prices submitted by vendors will be held in strict confidence until bid is opened. In no case will prices be revealed to other vendors for bartering or auction purposes

8. When sealed bids are received, the formal tabulation, attendance, and other pertinent

information will be forwarded to the requesting department

9. The requesting department will evaluate the bids and the supplier whose bid is most advantageous to Brownsville ISD and meets specifications will be selected

10. The selection will be placed on the Board’s Agenda and presented by the requesting

department for Board Approval

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Request for Purchase Flow Chart

$50,000.00 Over

Yes

No

Buyer Submits final copy of Specifications to Purchasing Administrator for Review and

Advertising

Bid is published at least once a week for

two consecutive weeks in a newspaper

The bid is opened & read aloud 14 days after first publication

Buyer and Initiator reviews bid and

tabulates and submits to Department Head to

present to Board for Approval

Initiator submits a bid request form to their area administrator

Approved No Bid is Stoped

Yes A

Yes

Bid Process

Board Approves

Initiator (What do I Need)

Bidding Process

Are the specifications

restrictive No

Yes

Buyer Rewrites Specification to Insure Competitive Bidding on Comparable items or

service

Buyer Contacts Initiator for review and approval

Initiator Creates a PR

Jr. Buyer Places Orders

Purchasing Administrator

Approves

Products/ services are

rebid or Terminated

Purchasing

Receives Bid Request and Adm. Assigns a Buyer to

Process

Buyer Reviews

Specifications and Contacts Initiator if

needed for Clarification

A

Vendor Protest Procedures 1. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest to the Purchasing Administrator. Such protests must be in writing and received in the Administrator's office within 10 working days after such aggrieved person knows, or should have known, of the occurrence of the action which is protested. Formal protests must conform to the requirements of this subsection and subsection (3) of this section, and shall be resolved in accordance with the procedure set forth in subsections (4) and (5) of this section. Copies of the protest must be mailed or delivered by the protesting party to the district and other interested parties. For the purposes of this section, "interested parties" means all vendors who have submitted bids or proposals for the contract involved.

2. In the event of a timely protest or appeal under this section, Brownsville ISD shall not proceed further with the solicitation or with the award of the contract unless the Purchasing Administrator, after consultation with the appropriate Department Administrator and the Chief Financial Officer, makes a written determination that the award of contract without delay is necessary to protect substantial interests of Brownsville ISD.

3. A formal protest must be sworn and contain:

• A specific identification of the statutory or regulatory provision(s) that the action

complained of is alleged to have violated; • A specific description of each act alleged to have violated the statutory or regulatory

provision(s) identified in paragraph (A) of this subsection; • A precise statement of the relevant facts; • An identification of the issue or issues to be resolved; • Argument and authorities in support of the protest; and • A statement that copies of the protest have been mailed or delivered to the district and

other identifiable interested parties.

4. The Purchasing Administrator shall have the authority, prior to appeal to the Administrator of the department, to settle and resolve the dispute concerning the solicitation or award of a contract. The Purchasing Administrator may solicit written responses to the protest from other interested parties.

5. If the protest is not resolved by mutual agreement, the Purchasing Administrator will issue a written determination on the protest.

A. If the Purchasing Administrator determines that no violation of rules or statutes has

occurred, he or she shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination.

B. If the Purchasing Administrator determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, he or she shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination and the appropriate remedial action.

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C. If the Purchasing Administrator determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, he or she shall so inform the

D. protesting and other interested parties by letter which sets forth the reasons for the determination, which may include ordering the contract void.

6. The Purchasing Administrator determination on a protest may be appealed by an interested party to the Chief Financial Officer. An appeal of the Purchasing Administrator’s determination must be in writing and must be received in the Chief Financial Officer’s office no later than 10 working days after the date of the Purchasing Administrator’s determination. The appeal shall be limited to review of the Purchasing Administrator’s determination. Copies of the appeal must be mailed or delivered by the appealing party to the district and other interested parties and must contain an affidavit that such copies have been provided.

7. The general counsel shall review the protest, the Purchasing Administrator’s determination, and the appeal and prepare a written opinion with recommendation to the Chief Financial Officer. The Chief Financial Officer may, in his or her discretion, refer the matter to the board for their consideration at a regularly scheduled open meeting or issue a written decision on the protest.

8. When a protest has been appealed to the executive director under subsection (6) of this section and has been referred to the board by the executive director under subsection (7) of this section, the following requirements shall apply.

A. Copies of the appeal, responses of interested parties, if any, and general counsel

recommendation shall be provided to the board, through an agenda item and copies of the general counsel's recommendation shall be mailed to the appealing party and other interested parties.

B. All interested parties who wish to make an oral presentation at the open meeting are required to notify the department general counsel at least 48 hours in advance of the open meeting.

C. The board may consider oral presentations and written documents presented by staff and interested parties. The President shall set the order and amount of time allowed for presentations.

D. The board’s determination of the appeal shall be by duly adopted resolution reflected in the minutes of the open meeting, and shall be final.

9. Unless good cause for delay is shown or the board determines that a protest or appeal raises issues significant to procurement practices or procedures, a protest or appeal that is not filed timely will not be considered.

10. A decision issued either by the board in open meeting, or in writing by the Chief Financial Officer, shall be the final administrative action of the department.

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11. The department shall maintain documentation concerning complaints in the manner specified in Section 2054.036, Texas Government Code. The department shall maintain documentation about the purchasing process to be used by maintaining access to current information regarding applicable federal, statutory law, administrative rules, and guidelines affecting the purchasing process.

BROWNSVILLE INDEPENDENT SCHOOL DISTRICT Purchasing Levels and Requirements

Local, State and Federal Funds

Purchase Commitment

Level

Support Required

Additional Forms

BID/CSP/RFQ Board Approval Advertising

Purchases Less than $10,000

(*Micro Purchase)

1 Vendor Quote Attached to

Purchase Request

Quote Form If BID/CSP/RFQ then Solicitation

No. on Quote and on Purchase

Request

Not Required Not Required

Purchases of $10,000 - $49,9999.99

(If not on BID/CSP/RFQ) **Federal Funds

***Exceptions

3 Vendor Quotes Attached to

Purchase Request

Quote Form Not Required Not Required

(IS REQUIRED IN THE AGGREGATE AT $50K)

Not Required

Purchases of $50,000+

**Federal Funds

Formal Bids (Education Code

44.031)

As Required on Formal Bid

Process **Cost Analysis

Form

Required Agenda Item Required

(BIDS/Proposals/Purchases)

Required 2 Consecutive

Weeks

Sole Source Purchases Less than

$49,999.99 **Federal Funds

Requirement as Outlined

(Education Code 44.031)

Sole Source Affidavit Form-

Notarized TEA Forms as

Required

Not Required Not Required Not Required

Sole Source Purchases of

$50,000+ **Federal Funds

Requirement as Outlined

(Education Code 44.031)

Sole Source Affidavit Form –

Notarized TEA Forms as

Required

Not Required Agenda Item Required

(General Function)

Not Required

Purchasing Cooperatives

Purchases up to $50,000

**Federal Funds

3 Quotes Attached to

Purchase Request

Quote Form Not Required Not Required Not Required

NOTES: ∗ Micro-Purchase – purchase of supplies or services using the simplified acquisition procedures as defined by EDGAR/OMB

Memorandum M-18-18; the aggregate amount of which does not exceed the threshold of $10,000 effective July 1, 2018. ** Federal Fund requirements may be more stringent; therefore established Purchasing Levels will follow Federal Fund purchasing requirements as established by EDGAR, OMB Circular, 2 CFR, and ARM/Food and Nutrition Services. All federal fund purchases of $150,000 or more shall require a Cost Analysis form. *** Any exceptions to the above Purchasing Levels must be approved by the Chief Financial Officer or designee. ALL PURCHASES ACQUIRED THROUGH DISTRICT AWARDED BIDS, CSP’s, RFQ’s, ARE REQUIRED TO HAVE 1 VENDOR QUOTE FOR THE ITEM(S) AWARDED. QUOTES ARE NOT REQUIRED FOR ITEMS AWARDED UNDER THE GENERAL MERCHANDISE OR GROCERY BIDS, RESTAURANTS, OR ON-LINE ORDERING SYSTEM. IF QUESTIONS PLEASE CONTACT SENIOR BUYER AS PER ASSIGNED COMMODITY (See page 29 on the Procurement Guide)

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This list shall not be considered as an absolute but will serve as a guide to all District purchases.

*Federal Funds: Please Review Edgar & TEA Forms

BID,CSP, RFP,

RFQ Proof of Copyright, US Patent,

Trademark, or Program in Place TEC Sec. 44.031

(j)

Cost Analysis Form

TEC Sec. 44.031 (j)

04/24/2017

Item over $150,000 in

Federal Funds

Sole Source

Cooperative (State

Contract)

Awarded

Solicitation

Sole Source

$10,000 to $49,999.99

Under $10,000

Item must meet one of the following categories

YES

ORIGINATOR IDENTIFIES NEEDS Examples of Goods/Materials: Consumable supplies and materials or equipment used in any setting within the District.

Examples of Services: Consultants, motivational speakers, repairs/cleaning, professional services, or other contracted services Examples of Rentals: Rentals of facilities, halls, rooms, u-hauls, and equipment

Procurement Methods to Follow When Purchasing Goods, Materials, Services and Rentals

Item is $50,000.00 or more by

category and in 12 month aggregate

NO

Justification Form

Over 1 Million Three Quotes

Provide 3 Written Quotes

Proof of Copyright, US Patent,

Trademark, or Program in Place

One Vendor

Quote

Obtain Board Approval

Justification Form Prepare Agenda Item for Board

Approval

Once Item is acquired Originator must receive item on the Bi-Tech system

Ensure PR is issued PO prior to acquisition of item

Originate Purchase Request on Bi-Tech System with all needed Documentation Attached

Item is ready for payment and invoice should be submitted to Accounts Payable for payment with-in 30 days

Before Generating a Purchase Request, check if SB9 Contractor Certification Applies - Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. (read pages 2 & 3 if applicable) Originator of PR must submit to Purchasing Junior Buyer, Sandy Villanueva, a list of vendors that will need clearance. (It is the responsibility of Campus Administration that all vendors report to office and check in before conducting any services.) All Purchase request must have quote form and documentation attached to PR. PR will not be approved without proper documentation and sufficient description of services.

Person/Dept. Requesting Quotes: Date: Reason for not using BID and/or CO-OP

VENDOR 1 VENDOR 2 VENDOR 3 Company

Contact Person

City/State Telephone # Fax #

ITEM #

Qty Descriptions/Specs

Unit Price Vendor 1

Unit Price Vendor 2

Unit Price

Vendor 3 Freight Charges Delivery Date After Receipt of PO TOTAL $ $ $

RECOMMENDED VENDOR

If LOW QUOTE NOT Recommended need justification

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SB9 Contractor Certification Contractor Employees

Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Contractors must certify to the district that they have complied and must obtain certifications from their subcontractors.

The district may not obtain criminal histories for contractors: the law requires each contractor to obtain the criminal histories of its covered employees. For more information or to set up an account, contractor should contact the Texas Department of Public Safety’s Crime Records Services at 512-424-2474

Definitions:

Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. If this box is checked I further certify that:

a. Contractor/Subcontractor/Independent Contractor has obtained all required criminal

history records information regarding its covered employee(s). None of the covered employee(s) has a disqualifying criminal history.

b. Contractor/Subcontractor/Independent Contractor receives information that a covered employee(s) subsequently has a reported criminal history, Contractor/Subcontractor/Independent Contractor will immediately remove the covered employee(s) from contract duties and notify the District in writing within 3 business days.

c. Upon request, Contractor/Subcontractor/Independent Contractor will provide the District with the name and any other requested information of covered employee(s)’s criminal history record information, Contractor/Subcontractor/Independent Contractor agrees to discontinue using the covered employee(s) to provide services at the District.

Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state.

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On behalf of ________________ __ _________ ______ (Contractor/Subcontractor/Independent Contractor) I, the undersigned authorized signatory for Contractor/Subcontractor/Independent Contractor to Certify to Brownsville ISD that:

[Check One]

None of the employee(s) of Contractor/Subcontractor/Independent Contractor are covered employees, as defined above. If this box is checked, I further certify that Contractor/Subcontractor/Independent Contractor has taken precautions or i mposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided.

OR

Some or all of the employee(s) of Contractor/Subcontractor/Independent Contractor are covered employees. If this box is checked, I further certify that I understand the definitions and requirements above on section COVERED EMPLOYEE(S)

I also certify to the District on behalf of Contractor/Subcontractor/Independent Contractor had obtained certification form it Contractor/Subcontractor/Independent Contractor of compliance with Education Code, Chapter 22. I agree to provide the District, upon request, full name(s) and any other requested information so the District may obtain mine/employee(s) history record information. I understand that the District may terminate services at any time if the District determines, at its sole discretion, that criminal history is not acceptable.

Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.

Signature & Title Date

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Definitions

Addendum: An addition or supplement to a solicitation document issued prior to the opening date.

Best and Final Offer (BAFO): The BAFO must allow the proposer to: Modify the initial offer, update pricing based on any changes the District has made, and include any added inducements that will improve the overall score in accordance with the evaluation plan of the proposal.

Bid: An offer to contract with BISD, submitted in response to a bid invitation. Bids are usually non-negotiable.

Bidder: An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or other entity that submits a bid, such as agents, employees and representatives.

Bidders List: A list of potential contractors who have expressed an interest in doing business with the State of Texas. See Centralized Master Bidders List.

Bid Opening: The public opening of bids, in which the names of the bidders responding to a bid solicitation and prices of the bidders are publicly read and recorded. See Proposal Opening.

Bid Tabulation: The recording of bids and bid data submitted in response to a solicitation. The bid tabulation is used for comparison, analysis and record keeping.

Competitive Sealed Bidding: Process of advertising an invitation for bids (IFB), conducting a public bid opening and awarding of a purchase order/contract to the lowest responsive, responsible bidder in accordance with state law.

Competitive Sealed Proposals: Process of advertising a request for proposal (RFP), the evaluation of submitted proposals and awarding of the contract.

Consultant: A person that provides or proposes to provide a consulting service.

Consulting Services: Practice of studying and advising a state agency in a manner not involving the traditional employer/employee relationship (Government Code, Section 2254.021). (See Major Consulting Services Contract).

Contract: A written agreement where a contractor provides goods or services in accordance with the established price, terms and conditions.

Contract Management: This refers to the entire contracting process from planning through contract administration.

Contractor: A business entity or individual that has a contract to provide goods or services to

Goods: A transportable article of trade or commerce that can be bartered or sold. Goods do not include services or real property.

Negotiations: A consensual bargaining process in which the parties attempt to reach agreement on a disputed or potentially disputed matter. In a contractual sense, negotiation means the “dealings conducted between two or more parties for the purpose of reaching an understanding”.

Payment Bond: A bond executed in connection with a contract which secures the payment requirements of the contractor.

Performance Bond: A surety bond which provides assurance of a bidder’s performance of a certain contract. The amount for the performance bond shall be based on the bidder’s annual level of potential monetary volume in the state purchasing program. Acceptable forms of bonds are those described in the definition for “bid deposit.”

Professional Services: Services directly related to professional practices as defined by the Professional Services Procurement Act (Government Code, Section 2254.002) or services authorized by rule by the Department of State Health Services pursuant to Health and Safety Code, Section 12.0121. These include services within the scope of the practice of: accounting; architecture; optometry; medicine; land surveying; and professional engineering. Services provided by professionals outside the scope of their profession, e.g., management consulting services provided by accounting firms, are not considered professional services.

Proposal: An executed offer submitted by a respondent in response to a Request for Proposals (RFP) and intended to be used as a basis to negotiate a contract award.

Purchasing Department: The office designated to purchase goods and services for Brownsville ISD.

Quote: An informal solicitation document requesting pricing on small dollar purchases (under 50K).

Request for Information (RFI): A general invitation to contractors requesting information for a potential future solicitation. The RFI is typically used as a research and information gathering tool for preparation of a solicitation.

Request for Proposal (RFP): A solicitation requesting submittal of a proposal in response to the required scope of services and usually includes some form of a cost proposal. The RFP process allows for negotiations between a proposer and the issuing agency.

Request for Qualifications (RFQ): A solicitation document requesting submittal of qualifications or specialized expertise in response to the scope of services required. No pricing is solicited with an RFQ.

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Responsive: The respondent has complied with all material aspects of the solicitation document, including submission of all required documents.

Respondent: An entity submitting a proposal in response to a solicitation. (See Bidder)

Responsible: The respondent has the capability to fully perform and deliver in accordance with the contract requirements. The agency may include past performance, financial capabilities and business management as criteria for determining if a bidder or proposer is capable of satisfying the contract requirements.

Service: The furnishing of labor by a contractor which may not include the delivery of a tangible end product. In some cases, services and goods may be combined such as film processing. In these instances, agencies determine whether labor or goods is the primary factor. In the case of film processing, the labor to process the film is the primary factor, therefore film processing is considered a service.

Solicitation: A document requesting submittal of bids or proposals for goods or services in accordance with the advertised specifications.

Solicitation Conference: A meeting chaired by state agency personnel which is designed to help potential bidders/respondents understand the requirements of a solicitation. Also known as a pre-bid or proposal conference.

Strategic Sourcing: a concept of purchasing with the objective to purchase goods or services that will minimize costs, increase managerial effectiveness and improve operational efficiency.

Vendor: a business entity or individual that has a contract to provide goods or services to Brownsville ISD. Used interchangeably with the term “contractor”.

PURCHASING STAFF Rosario Peña, RTSBA

Purchasing Administrator

□ Delia Rodriguez, CTSBO, CTPM .......................................................... Purchasing Specialist

□ Nora Michaels/Secretary .........................................................698-0704

(Procurement Specialty: Travel)

□ Mayra Castañeda/Travel Specialist ........................................... 698-0684

(Procurement Specialty: Athletics & Fine Arts)

□ Connie Alvear/Sr. Buyer .......................................................... 698-0706

□ Susie Garza/Jr. Buyer ............................................................... 698-0228

□ Elvira Casanova/Clerk .............................................................. 698-0683

(Procurement Specialty: Operations, Technology and Maintenance)

□ Corpus Zorola, CTSBS, CTPM/Sr. Buyer ................................698-0703

□ Norma Lucio/Jr. Buyer ............................................................. 698-0226

□ Eddie Gomez/Clerk .................................................................. 698-0707

□ (Procurement Specialty: Curriculum, Nutrition & Employee Benefits) □ Maricela Ayala/Sr. Buyer ......................................................... 698-0227

□ Sandy Villanueva/Jr. Buyer ...................................................... 698-0705

□ Anita Pineda /Clerk ................................................................. 698-0681

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