Procurement

Adopted: 10-9-13
Revised 11-8-14, 3-12-25

Philosophy

This policy and the other policies in sections D, and F govern procurement by the South Sanpete School District. “Procurement” means the acquisition of a procurement item through an expenditure of public funds. A “procurement item” means an item of personal property, a technology, a service, or a construction project. The procurement process consists of all functions that pertain to the obtaining of a procurement item, including the description of requirements, the selection process, solicitation of sources, the preparation for soliciting a procurement item, the award of a contract, and all phases of contract administration.

Utah Code 63G-6a-103(55), (56) (2024)

Exclusions

The District’s procurement policies and regulations do not apply to:

•        The procurement of real property
  Utah Code 63G-6a-107(2) (2024)
•       Employment contracts or collective bargaining agreements
• Grants from the State or contracts with the State (except for policies relating to improper conduct)
  Utah Code 63G-6a-107(3) (2024)
• Grants, gifts, or bequests: notwithstanding procurement policies, the District may comply with otherwise legal terms or conditions of a grant, gift, or bequest.
  Utah Code 63G-6a-107(3) (2024)

Definitions

In addition to the definitions above or in other procurement policies, the following definitions apply to the District’s procurement policies:

Contract:   An agreement for the procurement or disposal of a procurement item.

Contractor: A person who is awarded a contract with a procurement unit.

External procurement unit:  (a) A buying organization not located in this state which, if located in this state, would qualify as a procurement unit; or (b) an agency of the United States.

Grant: Furnishing, by a public entity or by any other public or private source, financial or other assistance to a person to support a program authorized by law. It does not include an award whose primary purpose is to procure an end product or procurement item; or a contract that is awarded as a result of a procurement or a procurement process.

Procurement Officer: Business Administrator, or another person designated by the Board of Education.

Public Entity: Any government entity located in the state that expends public funds and any political subdivision of the state.
Utah Code 63G-6a-103(63) (2024)

Intent to Comply with Other Laws and Regulation

It is the South Sanpete School District’s intent and purpose to comply with the Utah Procurement Code (Title 63G, Chapter 6a of the Utah Code) and with such regulations as are regulated by the Utah Procurement Policy Board. To the extent that the District’s procurement policies conflict with the Procurement Code or with applicable regulations, those code provisions or regulations shall govern.

Where the procurement involves expenditure of federal assistance, federal contract funds, local matching funds, or federal financial participation funds, the District shall comply with mandatory applicable federal law and regulations regardless of conflict with these Policies, state regulations, or the Utah Procurement Code.
Utah Code § 63G-6a-107.2 (2024)

Purpose & Philosophy of the Following Procedures Guide

This procedures guide has been adopted to enable the District to purchase, establish contracts, and generally carry on its procurement functions; to ensure the fair and equitable treatment of all persons who deal with the procurement system of the District; to foster broad-based competition within the free enterprise system; and to properly account for the expenditures of public monies.

1.     Authority
The Business Administrator Director of Purchasing is delegated authority by the South Sanpete School District Board to carry out the procurement functions of the District and to ensure such functions are in accordance with established policies and written procedures. The Business Administrator Director may delegate, in writing, purchasing authority to other District employees as necessary to fulfill the purpose and philosophy of this policy. The Business Administrator Director is also given authority to withdraw delegated authority.

A.   Scope
This policy applies to all purchases made by the District or any of its subdivisions; i.e. schools, departments, programs, etc. The policy applies regardless of the source of the money to be expended, including, but not restricted to

 A. All transactions that result in a commitment of District/School funds shall be approved by the applicable District/school administrator prior to making any purchasing arrangements.

a. Purchases of goods and services shall be executed by submitting a requisition, which (after the appropriate administrative and program approval) results in the creation of a District or school purchase order.

b. Refunds of tuition or other reimbursements to students, parents, and employees shall be documented by receipts, registration/withdrawal forms, sales slips, , which are submitted prior to the issuance of a check.

c. Purchases of goods and services for custodial, maintenance of buildings and grounds, and small instructional or office supplies may be acquired through open purchase orders established at approved vendors. Only approved positions within the District are authorized to purchase goods or services through the open purchase order system. Any misuse or violation of the open purchase order system shall result in disciplinary action.

 B. Exceptions to this policy shall apply to emergency procurements as identified by the budget manager, provided a requisition is approved subsequent to the

3.  Competitive Solicitations
        Note: When following the Competitive Solicitations guidelines, the worksheets DBK-SP-1 and DBK-SP-2 “Quotation Sheet Expenditure Request” must be completed and maintained for a period of three years.

1. District policy defines small purchases as those purchases less than $5,000 except small purchases for construction or architect-engineer services shall be less than $50,000. The State procurement policy further subdivides small purchases into categories dependent upon the amount of the purchase. Competitive pricing shall be obtained for all Purchase requirements may not be divided into smaller units to avoid using the proper purchasing procedure based on the dollar volume, nor are purchases to be made prior to obtaining a purchase order number except for purchases made with a District open purchase order according to section 2Ac
2. Purchases less than $999. For purchases less than $999 entities are encouraged to seek the best possible sources of supply based on factors such as price, prior vendor performance, and delivery; and to utilize the warehouse and other contracts as established by the District Purchasing Department or the State of Utah.
3. Purchases between $1,000 and $4,999. No fewer than three vendors shall be contacted by the requesting entity for verbal, e-mail, or written price quotes. Quotations shall include a complete description of the product or service to be purchased, the quantity, the vendor name, address, name of the person providing the quote, quote date, unit and extended price, shipping charges if applicable, and delivery and payment terms. When a vendor is selected, a brief comment should accompany the documentation explaining the rationale for that vendor selection. Documentation shall be retained by the purchasing entity and shall be subject to Purchasing Department review/approval prior to any commitment to a vendor and be subject to audit by the Districtʼs auditors. Purchasing entities are encouraged to consult with and utilize the services available from the District Purchasing Department.
4. Purchase between $5,000 and $9,999. The same policy applies as in 4C except that written or e-mail quotations are required. Written quotes and award justification must be submitted to the Purchasing Department for final approval and shall be retained by the Purchasing Department and be subject to audit. Purchasing entities are encouraged to consult with and utilize the services available from the District Purchasing Department.
5. Purchases over $10,000 or for construction or architect-engineer services over $50,000. All purchases anticipated to be in excess of $10,000 or for construction or architect-engineer services over $50,000 should be formally bid by the Purchasing Department in accordance with adopted bidding policies and procedures. Requesting entities shall provide the Purchasing Department with complete descriptions, specifications, and suggested sources for the goods/services requested. Those purchases in excess of $20,000 or for construction over $50,000 shall be formally bid with public notice given in accordance with adopted bidding policies and procedures. All of the solicitations and advertisements to be bid shall be issued from the Purchasing Department after receiving approved requisitions from the Business Administrator. The Purchasing Department further shall coordinate the receipt, opening, review, and awarding of all bids in accordance with the policy.
6. Purchases are authorized after budgetary approval using a vendor and price established by a state awarded procurement contract without going through the competitive solicitation process.