Public procurement systems are the means through which the critical and strategic services, supplies, and construction are purchased to support essential public functions. To operate effectively, it is imperative in those systems that central leadership provide direction and cohesion.
The Board's purchasing authority is extended to the Superintendent, the Chief Financial and Operating Officer (CFOO), and the CFOO's designee. For purposes of this policy, all references to the CFOO are inclusive of the CFOO and the CFOO's designee, unless otherwise stated. This delegated authority to the CFOO's designee shall extend to any-multi year purchasing obligations or to the signing of vendor contracts or agreements beyond what is contemplated herein (see table below).
The CFOO shall serve as the District's purchasing agent with the responsibility and authority to administer the purchasing policies; provide for central control for the purchase and delivery of materials, supplies, and equipment for the District; review and recommend changes to Board approved policies governing purchasing activity; develop, review, and approve procedures necessary to carry out the intent of the Board policies; and cause to be established bid/proposal terms and conditions and other purchasing procedures necessary to govern purchasing transactions. The CFOO shall be responsible for committing District funds for purchases in accordance with the approved budget and appropriated funds in addition to applicable Board policies and related purchasing procedures.
The CFOO is expected to ensure effective and efficient procurement activities related to the District's capital program including all design and construction, bids and negotiations.
All purchases, regardless of dollar value or method of solicitation/purchase, must be determined fair and reasonable and in the District's best interest by the appropriate authority. Consideration will be given to the price and such other factors as the District, at its sole discretion, deems to be appropriate, including without limitation, the reliability and responsibility of vendors, timely delivery, extent of warranties offered, and quality of materials or services proposed to be used.
II. Procurement Expenditure Approval
Purchases up to $5,000 may be made using a District issued purchasing card without additional approvals when the card is being used by the individual to whom the card is issued. When such purchases are memorialized in a written contract, said contracts such be signed by a District administrator. Purchases in excess of $5,000 must be approved in accordance with District policies and procedures and as outlined in the following chart:
III. Procurement Authorization and Contract Execution
To bind the District, purchases of materials, equipment, construction services and/or other services will be processed and require contract signatures in alignment with the authority reflected in the chart above. All contracts shall be signed by a District administrator or the Board President.
All contracts requiring a signature should be reviewed and approved by the Legal Department before the designee signs off. If a resolution has been submitted to the Board to approve a contract, any such contracts may either be signed by the Board President or the Superintendent.
All Information System (IT) related purchases must be approved by the IT department and approved by the Chief Information Officer or designee.
IV. Recordkeeping
The District shall maintain records sufficient to detail the District's purchasing, including procurements made with federal funds. These records may include, but not necessarily be limited to, the following: rationale for the method of procurement, contractor selection or rejection, and the basis for the contract price (including a cost or price analysis). Retention of such records shall be in accordance with applicable law.
V. Cooperative Purchasing
When it is the District's best interests, the District may enter into cooperative purchasing arrangements for acquisition of goods and services with any public entity or group and execute respective contracts under those agreements providing that the procurement methods and procedures of such entity or group are acceptable to those of the District. The District may also use pre-existing procurement contracts of public entities or groups when the procurement methods and procedures are acceptable to the District, and all parties (sellers and buyers) are in agreement that the District is eligible for pricing, terms and conditions of these agreements. The CFOO or designee shall be responsible for ensuring that the procedures used to determine a contract award, and the terms and conditions of the contracts comport with District policies and procedures.
Cooperative contract purchases of $400, 000 or more per vendor in the aggregate of a 12-month period or combined purchases over $400,000 that would have been made in a single purchase regardless of the number of vendors, if procured through the normal purchasing practices, must be presented to the Board of Education for approval.
VI. Capital Construction
The CFOO or designee may delegate the authority to procure construction services including establishing procedures to a department other than the Procurement Department; nevertheless, said construction services shall be procured subject to the applicable requirements of Board of Education policies.
Design/construction contract awards shall be recommended by the Deputy Chief of Operations or designee, the CFOO, the Superintendent or the Board of Education. Capital construction is the design, construction, remodeling, and renovation of facilities.
Consultants, such as architects, construction manager/general contractors, design builders, and other expert consultants selected to work on construction projects must have their selection approved by the Board of Education if the contract is likely to exceed $400,000. Once consultant selection is approved by the Board of Education, contracts may be executed for any amount consistent with the approved budget for the project. Any consultant contracts over $400,000 must be executed by the CFOO or designee. For multi-phase construction projects involving multiple buildings, a single vendor/general contract may be selected to complete the entire project.
Construction contracts that follow a traditional design, bid, and build process must be approved by the Board of Education if the contract exceeds $400,000.
The Deputy Chief of Operations of facilities and construction management is responsible for ensuring that appropriate documentation for all construction related contracts is maintained and available for inspection by the Director of Strategic Sourcing and Supplier Management and auditors.
VII. Board of Education Change Order Approvals
A change order is an official modification to a project scope, budget, schedule, resources, and/or other key deliverables. Change orders for current projects shall be submitted to the Board for approval when the overall project cost increases by ten percent (10%).
VIII. Unauthorized Purchases
Purchases made outside of the District's policies and procedures are unauthorized purchases that shall be voidable by the District. In addition, an employee who makes an unauthorized purchase may be subject to disciplinary action.
Adoption Date: September 08, 2003
Last Revised: February 10, 2025
|
Estimated Dollar Value |
Approval Required |
|
$5,001 - $25,000 |
Principal or Director |
|
$25,001 - $150,000 |
Deputy Chief of Operations, Executive Director or equivalent administrative position |
|
$150,001 - $400,000 |
Administrative Member of District Leadership Team, and CFOO or the Superintendent |
|
$400,001and above |
Board of Education |
| Cross References: | DJF – Purchasing Materials and Services |
| DJE - Bidding Procedures | |
| FEG – Construction Contracts Bidding and Awards | |
| Legal References: | 48 C.F.R. Subpart 2.1 (Micro-Purchase and Competitive Bidding Thresholds) |
| 34 C.F.R. Parts 75, 76 (EDGAR - Education Department General Administrative Regulations) | |
| 7 C.F.R. § 3016.37 (USDA's Procurement Requirements for Sub-Grants) 7 C.F.R. § 3016.36 (USA's Procurement Standards) | |
| 2 C.F.R. Part 200 Subpart D (Post-Award Requirements Under the Federal Uniform Grant Guidance) | |
| C.R.S. § 22-32-109(1)(b) (board required to adopt bidding procedures) | |
| C.R.S. § 22-32-110(1)(c) (board required to supply necessary items to carry out educational program) | |