DJC: Bidding Requirements
DJC-AR: Special Procurements and Exemptions from Competitive Bidding
Code: DJC
Adopted: 1/04/07
Revised/Readopted: 7/15/10; 1/08/14; 4/08/15; 5/25/22
Orig. Code(s): DJC
The Board declares its intention to purchase competitively without prejudice and to seek maximum educational value for every dollar expended. All public contracts for goods or services shall be based upon applicable competitive procurement provisions of Oregon Revised Statutes and adopted public contracting rules except:
1. Contracts between contracting agencies or between contracting agencies and the federal government;
2. Insurance and services contracts as provided for under state law;
3. Contracts for the procurement or distribution of textbooks;
4. Energy savings performance contracts[1];
5. Contracts made with qualified nonprofit agencies providing employment opportunities for disabled individuals;
6. Public improvement contracts exempted by the Local Contract Review Board (LCRB) upon findings that the award would not encourage favoritism or substantially diminish competition and would result in substantial cost savings and other substantial benefits to the district;
7. Special procurements exempted by the Superintendent upon findings that the award would not encourage favoritism or substantially diminish competition and would result in substantial cost savings to the district;
8. Emergency contracts;
9. Personal Services contracts if the value is less than or equal to $50,000.
10. Architect, Engineers and Related Services contracts if the value is less than or equal to $100,000.
11. Any other public contract specifically exempted from the code by another provision or law.
The Board will serve as the LCRB for the district.
All district purchasing shall be conducted in accordance with the Board’s adopted rules.
All purchase of personal property, materials and supplies shall be guided by the following criteria:
1. Suitability to the requirements of the educational program;
2. Conformity to developed specifications when available;
3. Price;
4. Consideration shall be given as to whether maintenance service is available and whether record of service is critical for the continued operation of the item. If so, the request for proposal shall be prepared accordingly;
5. Delivery terms.
The board will serve as the LCRB for the district. All district purchasing shall be conducted in accordance with the board’s adopted rules.[2]
The board acting as its own LCRB, will adopt the Oregon Attorney General’s Model Public Contract Rules OAR Chapter 137, Divisions 046 through 049, as its own rules of procedure that will govern district purchasing. Consequently, the model rules adopted by the Attorney General shall not apply to the district. The district’s rules may include portions of the Oregon Attorney General’s Model Public Contract Rules OAR Chapter 137, Division 046 through 049, in effect at the time this policy is adopted. These rules govern purchasing procedures, and other matters subject to public contracting provisions of law.
The district shall procure the construction manager/general contractor services in accordance with model rules the Attorney General adopts under ORS 279A.065(3).
Additionally, the board will adopt the Oregon Department of Administrative Services rules governing Public Contract Exemptions, OAR Chapter 125, Divisions 246 through 249 in effect at the time this policy is adopted.
The Board will make the written findings required by law for exemptions from competitive bidding. Such findings shall be maintained by the district and made available on request.
The district shall review its rules each time the Attorney General adopts a modification of the model rules, as required by ORS 279A.065 (6)(b), to determine whether any modifications need to be made to district rules to ensure compliance with statutory changes. Modifications will be made only following review by the district’s legal counsel. New rules, as necessary, shall be adopted by the Board. In the event it is unnecessary to adopt new rules, Board minutes will reflect that the review process was completed as required.
Opportunity will be provided to all responsible suppliers to do business with the district. The Chief Financial Officer will develop and maintain lists of potential vendors for various types of materials, equipment and supplies. Such lists may be used to develop a mailing list for distribution of specifications and solicitations for bids or proposals. Any supplier may be included in the list upon request.
Procurements for services estimated to be in excess of $250,000 shall go through the cost analysis and feasibility process described in ORS 279B.
Records of bids, proposals and specifications will be kept in the district administration office and will conform with Oregon Revised Statutes and applicable records retention provisions of the Oregon Attorney General’s Model Public Contract Rules.
END OF POLICY
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[1]The Board may contract with another public agency to serve as its LCRB.
[2]Purchases shall be governed by ORS Chapter 279, 279A, 279B and 279C. Additionally, the Board may, as provided by ORS 279, 279A.065, adopt the Oregon Attorney General’s Model Public Contract Rules, OAR Chapter 137 governing purchasing/ bid procedures. The Board may also adopt the Oregon Department of Administrative Services rules governing Public Contract Exemptions, OAR Chapter 125. The Board may adopt portions of those rules or adopt its own rules. A Board that creates its own LCRB but has not established its own rules of procedure for public contracts is subject to the model rules (OAR Chapter 137) as adopted by the Attorney General.
Legal Reference(s):
ORS Chapters 279A, 279B and 279C OAR Chapter 125, Divisions 246-249 OR. DEP’T OF JUSTICE, OR. ATT’Y GENERAL’S MODEL PUBLIC CONTRACT RULES MANUAL.
Cross Reference(s):
DJ - District Purchasing
DJCA - Personal Services Contracts
DJG - Vendor Relations
FEF/FEFB - Construction Contracts - Bidding and Awards
