FILE:  DJE

Cf:  BE, DIA

Cf:  DJED

PURCHASING

All purchasing for the school system to be paid from Ouachita Parish School Board funds shall be made by the Superintendent or his/her designee in conformance with procedures set forth in the Purchasing Procedure Manual of the School Board and the laws pertinent to state and federal agencies.  Budget allocations for specific purposes shall constitute advance School Board approval for all purchases except in such cases as state law or School Board policy may require.  No debt shall be contracted in the name of the Ouachita Parish School Board without action by the School Board, except those items which are provided for in the regular budget.  Every effort shall be made to purchase at the lowest possible cost to the school system consistent with the system specifications of quality and service.

Each principal shall assure that purchases by the individual school shall be made in accordance with applicable state and federal law, and regulations and procedures developed by the Superintendent and staff, as contained in the school system's Local School Accounting Procedures Manual.

No employee, officer or agent of the Ouachita Parish School Board shall participate in the selection, award, or administration of a contract or purchase of supplies, materials and equipment if a conflict of interest, real or apparent, would be involved.  The Ouachita Parish School Board's employees shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements.  All purchasing shall comply with the U.S. Department of Education General Administrative Regulations (EDGAR), the Louisiana Public Bid Law, the Louisiana Code of Governmental Ethics, the Louisiana Procurement Code sections adopted by the Board, and state or federal regulations, as applicable.

USE OF FEDERAL FUNDS

All procurement of materials, supplies, and services, as well as the construction of public works, funded in whole or in part with federal funds shall comply with the requirements contained in Title 2, Section 200, of the Code of Federal Regulations.  All procurements using federal funds, in whole or in part, shall employ one of the procedures identified in 2 CFR 200.320, if more stringent than those procedures required by Louisiana law.  Should the School Board adopt the Louisiana Procurement Code, whether in part or in its entirety, the accompanying administrative regulations as promulgated in the Louisiana Procurement Code, as well as guidelines and policies issued by the Louisiana's Office of State Purchasing or by Executive Order of the state Governor relevant to the particular adoption(s) may be applicable to the purchase, if more stringent.

Exclusion or Rejection of Quotes or Bids

A contract award or a purchase made with federal funds shall not be made to parties listed on the government-wide exclusions in the System for Award Management maintained by the U.S. Government, which contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority.

USE OF STATE FUNDS

Procurement of materials and supplies when using state or locally generated funds shall follow the procurement method authorized by Louisiana law.

Financing Purchases

The School Board may finance the purchase of equipment or other movable property to be used by the School Board by entering into an installment sale, lease, or similar agreement with any lender or other person.  If required, such agreement shall be subject to approval of the State Bond Commission in accordance with statutory provisions.  No individual school or employee shall obligate the School Board without first notifying, and receiving approval from the Superintendent, Business Manager, and Purchasing Agent.

Use of State Contract

If equipment, materials or supplies are available from a State of Louisiana Contract, the Superintendent and/or his/her designee may approve the purchase without using one of the purchasing procedures outlined in statutory provisions, if advantageous to the School Board.

The School Board may also piggyback, or purchase materials and supplies on valid contracts of other political subdivisions in accordance with La. Rev. Stat. Ann. §§33:1321-1337 or La. Rev. Stat. Ann. §38:321.1.

Louisiana Procurement Code

State law authorizes School Boards to adopt all or any part of the Louisiana Procurement Code as contained in state statutes (La. Rev. Stat. Ann. §§39:1551-39:1755).  For proper and efficient operations, the Ouachita Parish School Board may adopt, by resolution or otherwise, pertinent provisions of the Louisiana Procurement Code (Title 39, Chapter 17), accompanying administrative regulations as promulgated in the Louisiana Procurement Code, as well as guidelines and policies issued by the state's Office of State Purchasing and any Executive orders relevant to the procurement of materials, supplies, merchandise, and other types of property.

Sole Source Provider

The School Board may award a contract for the purchase of materials and supplies without competition when there is only one source for materials and supplies to be acquired. Pertinent procedures for purchasing such items from a sole source shall be as outlined in the State of Louisiana Office of State Purchasing's Purchasing Rules and Regulations.

Qualified Group Purchasing Organizations

A qualified group purchasing organization means an organization, whether for profit or not for profit, of which two (2) or more public school districts are members and which solicits proposals or bids from vendors of materials, equipment, or supplies of the type and nature as may be purchased by a public school district or public school.

As provided in La. Rev. Stat. Ann. §38:2212.1, the School Board may enter into an agreement with:  (A) one or more School Boards to form a qualified group purchasing organization; or (B) one or more qualified group purchasing organizations for the purchase of materials, equipment, and supplies, including installation thereof.  Any such agreement shall require that the qualified group purchasing organization submit a price list for those materials, equipment, and supplies offered by it and that the prices quoted on the list remain in effect for a stated period of time of not less than three (3) months.  Any such price list shall be considered, for all purposes, to be a valid and binding bid by the qualified group purchasing organization during the effective period of the agreement, and no additional bid by the qualified group purchasing organization is necessary.

The School Board may purchase materials, equipment, or supplies directly from or through a qualified group purchasing organization if either the price is less than that for the same or substantially similar materials, equipment, or supplies on the state contract or bid list, or if the same or substantially similar materials, equipment, or supplies are not under state contract or on the state bid list.  Nothing included in this paragraph shall be construed to authorize the School Board to purchase materials, equipment, or supplies from or through an entity or vendor other than a qualified group purchasing organization as defined herein without using a procurement process otherwise provided by state law.

Government Services Administration (GSA) Contracts

For proper and efficient operations, the Ouachita Parish School Board may make purchases utilizing federal GSA contracts in accordance with La. Rev. Stat. Ann. §39:1702 A (1) (2) and C.

Reverse Auction

The School Board may use a reverse auction in lieu of the more formal bid process when the School Board’s procurement officer determines that the electronic bidding is more advantageous and in the best interests of the School Board.  Reverse auction means a competitive online solicitation process on the Internet for the purchase of equipment, supplies, and other materials or consulting services.

Prior to the use of the reverse auction, the School Board may require that:

1. Vendors register before opening dates and time, and as part of the registration, require that the vendors agree to any terms and conditions and other requirements of the solicitation.
   
   

2. Vendors be prequalified prior to placing bids and allow only bidders who are prequalified to submit bids.
   
   

3. The solicitation shall designate an opening date and time and the closing date and time.  The closing date and time may be fixed or remain open depending on the structure of the item being bid.
   
   

4. At the opening date and time, the School Board shall begin accepting online bids and continue accepting bids until the bidding is officially closed.  Registered bidders shall be allowed to lower the price of their bid below the lowest bid posted on the Internet until the closing date and time.
   
   

5. Bidders’ identities shall not be revealed during the bidding process; only the successively lower prices, ranks, scores, and related bid details shall be revealed.
   
   

6. All bids shall be posted electronically and updated on a real-time basis.
   
   

7. The School Board shall retain the right to cancel the solicitation if it determines that it is in the School Board’s best interest.
   
   

8. The School Board shall retain its existing authority to determine the criteria that will be used as a basis for making awards.

Adequate public notice for the purchases of materials, supplies, equipment, or consulting services using a reverse auction shall be given as follows:

1. The advertisement or notice shall be published two (2) times in a newspaper in the locality, the first advertisement to appear at least fifteen (15) days before the opening date of the reverse auction.  In addition to the newspaper advertisement, the School Board may also publish an advertisement by electronic media available to the general public.
   
   

2. The first publication of the advertisement shall not occur on a Saturday, Sunday, or legal holiday.

VENDORS

The Ouachita Parish School Board shall seek business and bids from eligible vendors, regardless of race, creed, color, sex, national origin, age or handicap.  No favoritism shall be extended to any vendor.  Each order shall be placed on the basis of quality, price and delivery; past services being a factor if all other considerations are equal.

No public servant who is officially connected with or employed by the Ouachita Parish School Board or his/her immediate family as described by La. Rev. Stat. Ann. §42:1102 shall be an agent for, or have any pecuniary or beneficial interest in, or receive any compensation or reward from any source for the sale of supplies, materials, equipment, services or public works contracts to his/her agency.  Agency shall mean a school or department, office, committee, or other organizational unit of the School Board.  For purposes of this policy, agency of a public servant shall mean the School Board or the school or department in which the employee works, except that for School Board members and the Superintendent, it shall mean the School Board.  Public servants of the School Board shall include, but not be limited to School Board members and all employees of the School Board.

No employee of the Ouachita Parish School Board shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from any vendor representative or agent of a vendor, or a prospective vendor or contractor.

CREDIT CARDS

The Ouachita Parish School Board may authorize the use of credit cards or procurement cards by authorized personnel to facilitate the purchase of School Board materials or supplies.  Only Ouachita Parish School Board employees authorized by the Superintendent shall be permitted to use any credit card in the name of the Ouachita Parish School Board or its schools.  No personal use of any card shall be permitted, except when spouses travel with an employee that requires airfare, whereby the spouse's plane ticket may be charged on the credit card with reimbursement being made by the employee within one week after the plane ticket is charged to the School Board or school credit card.  Single transaction purchases prior to completions of the purchasing transaction.

Each authorized employee shall have his/her name placed on the issued card.  Adequate documentation shall be required for all purchases, credits or transactions for which the card is used.

Adequate procedures shall be established and maintained for the issuance and use of credit cards by authorized employees of the school system.  Records shall be maintained to track the users of the credit cards at all times by maintaining a use log.  The log should include:

1. Date card checked out;

2. To whom the card was checked out;

3. Brief description of item(s) to be purchased;

4. Estimated amount of item(s) to be purchased.

5. Date card is returned.

Authorized users shall timely provide the Purchasing Agent or his/her designee original itemized credit card invoices and store receipts no later than the next business day after the purchase is made.  The invoices and receipts shall bear the signature of the purchaser, and the appropriate funding source and budget account codes to be charged, and documentation to demonstrate the business purpose of the expenditure.

The use of credit cards for payment of authorized travel expenses shall be in accordance with Ouachita Parish School Board policy DJD, Expense Reimbursement.

The usage of any card issued shall be in accordance with the administrative regulations and procedures outlined by the Superintendent and/or staff in the School Board's Credit Card User Manual, which shall require at a minimum, the following:

1. Annual certification by each cardholder of the allowable use and management of the credit card.
   
   

2. Each credit card kept secured by the cardholder at all times when not in use.
   
   

3. All single transaction purchases of $100 or more be made with the issuance of a purchase order and restricted to the limits set by the approved purchase order.
   
   

4. The timely submission of itemized original vendor receipts from the cardholder to the purchasing office within 5 business days after receiving the monthly billing statement for all transactions each billing period.
   
   

5. Proper documentation to evidence the receipt of materials and supplies purchased and the approval of all charges made signed by the purchaser.
   
   

6. A process for monitoring all charges, the number and amount of purchases, vendors used, as well as detailed transaction information.
   
   

7. Disciplinary action for employee misuse of any School Board credit card and criminal prosecution.

Fuel Credit Cards

Procedures governing the use of Fuel Cards and routine monitoring of fuel charges by department administrators shall be as outlined in the Fuel Card Policy included in the Policy and Procedures Manual for School Bus and School Board Owned Vehicle Operators.  Each School Board owned vehicle shall be assigned fuel credit cards through the Transportation Department.  Authorized employees who operate any School Board owned vehicle, lawn care machinery and maintenance equipment shall be issued personal identification numbers (PIN) numbers to be used with properly issued fuel cards.  Employees shall use the fuel card with reasonable prudence to conserve usefulness and preserve operating efficiency.

Purchases of gasoline or fuel by credit cards shall be documented with receipt submitted to Accounts Payable as soon as practicable following purchase.  Documentation of the purchase by the fuel card user shall include, at a minimum, the vehicle number description, an accurate vehicle odometer reading, number of gallons purchased, price per gallon, and signature of person filling vehicle.  Improper use of the fuel card may subject the employee to disciplinary action and criminal prosecution.

Ref:    2 CFR 200 (Uniform Administrative Requirements, Cost, Principals and Audit Requirements for Federal Awards)

48 CFR 2.101 (Definitions)

La. Rev. Stat. Ann. §§33:1321, 33:1322, 33:1323, 33:1324, 33:1325, 33:1326, 33:1328, 33:4712.7, 38:321.1, 38:2211, 38:2212, 38:2212.1, 38:2214, 38:2218, 38:2219, 38:2271, 39:1551, 39:1552, 39:1553, 39:1554, 39:1554.1, 39:1556, 39:1557, 39:1558, 39:1597, 39:1710

Board minutes, 12-13-11, 7-14-15, 6-11-19, 12-8-20, 2-8-22

Ouachita Parish School Board