daf-3_administration_of_federal_grants_-_procurement
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daf-3_administration_of_federal_grants_-_procurement [2026/03/05 17:27] sau47 |
daf-3_administration_of_federal_grants_-_procurement [2026/08/31 18:01] (current) sau47 |
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| **Policy DAF-3** \\ | **Policy DAF-3** \\ | ||
| **Administration of Federal Grants - Procurement** \\ | **Administration of Federal Grants - Procurement** \\ | ||
| - | **School Board Approved: March 2, 2026** \\ | + | **School Board Approved: August 17, 2026** \\ |
| All purchases for property and services made using federal funds must be conducted in accordance with all applicable Federal, State and local laws and regulations, the Uniform Guidance, and the District’s written policies and procedures.\\ | All purchases for property and services made using federal funds must be conducted in accordance with all applicable Federal, State and local laws and regulations, the Uniform Guidance, and the District’s written policies and procedures.\\ | ||
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| Some of the situations considered to be restrictive of competition include, but are not limited to, the following:\\ | Some of the situations considered to be restrictive of competition include, but are not limited to, the following:\\ | ||
| - | |||
| 1. unreasonable requirements on firms in order for them to qualify to do business;\\ | 1. unreasonable requirements on firms in order for them to qualify to do business;\\ | ||
| - | |||
| 2. any arbitrary action in the procurement process.\\ | 2. any arbitrary action in the procurement process.\\ | ||
| - | |||
| 3. specification of only a “brand name” product instead of allowing for an “or equal” product to be offered and describing the performance or other relevant requirements of the procurement; and/or\\ | 3. specification of only a “brand name” product instead of allowing for an “or equal” product to be offered and describing the performance or other relevant requirements of the procurement; and/or\\ | ||
| - | |||
| 4. organizational conflicts of interest;\\ | 4. organizational conflicts of interest;\\ | ||
| - | |||
| 5. noncompetitive contracts to consultants that are on retainer contracts;\\ | 5. noncompetitive contracts to consultants that are on retainer contracts;\\ | ||
| - | |||
| 6. unnecessary experience and excessive bonding requirements;\\ | 6. unnecessary experience and excessive bonding requirements;\\ | ||
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| **C. Procurement Methods:**\\ | **C. Procurement Methods:**\\ | ||
| - | The District shall utilize the following methods of procurement: | + | The District shall utilize the following methods of procurement:\\ |
| 1. Micro-purchases\\ | 1. Micro-purchases\\ | ||
| - | Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed $15,000. To the extent practicable, the District shall distribute micro-purchase equitably among qualified suppliers. Micro-purchases may be made without soliciting | + | Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed $15,000. To the extent practicable, the District shall distribute micro- purchase equitably among qualified suppliers. Micro-purchases may be made without soliciting |
| competitive quotations if the Superintendent considers the price to be reasonable. The District maintains evidence of this reasonableness in the records of all purchases made by this method.\\ | competitive quotations if the Superintendent considers the price to be reasonable. The District maintains evidence of this reasonableness in the records of all purchases made by this method.\\ | ||
| 2. Small Purchases (Simplified Acquisition)\\ | 2. Small Purchases (Simplified Acquisition)\\ | ||
| - | Small purchase procedures provide for relatively simple and informal procurement methods for securing services, supplies, and other property which is acquired above the aggregate dollar micro-purchase threshold and not exceeding the competitive bid threshold of $350,000. Small purchase procedures require that price or rate quotations shall be obtained from an adequate number of qualified sources.\\ | + | Small purchase procedures provide for relatively simple and informal procurement methods for securing services, supplies, and other property which is acquired above the aggregate dollar micro- purchase threshold and not exceeding the competitive bid threshold of $350,000. Small purchase procedures require that price or rate quotations shall be obtained from an adequate number of qualified sources.\\ |
| 3. Sealed Bids\\ | 3. Sealed Bids\\ | ||
| - | Sealed, competitive bids shall be obtained when the purchase of, and contract for, single items of supplies, materials, or equipment which amounts to $350,000 and when the Board determines to build, repair, enlarge, improve, or demolish a school building/facility the cost of which will exceed $350,000.\\ | + | Sealed, competitive bids shall be obtained when the purchase of, and contract for, single items of supplies, materials, or equipment which amounts to $250,000 and when the Board determines to build, repair, enlarge, improve, or demolish a school building/facility the cost of which will exceed |
| + | $350,000.\\ | ||
| a. In order for sealed bidding to be feasible, the following conditions shall be present:\\ | a. In order for sealed bidding to be feasible, the following conditions shall be present:\\ | ||
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| a. Requests for proposals shall be publicized and identify all evaluation factors and their relative importance. Any response to the publicized requests for proposals shall be considered to the maximum extent practical.\\ | a. Requests for proposals shall be publicized and identify all evaluation factors and their relative importance. Any response to the publicized requests for proposals shall be considered to the maximum extent practical.\\ | ||
| - | |||
| b. Proposals shall be solicited from an adequate number of sources.\\ | b. Proposals shall be solicited from an adequate number of sources.\\ | ||
| - | |||
| c. The District shall use its written method for conducting technical evaluations of the proposals received and for selecting recipients.\\ | c. The District shall use its written method for conducting technical evaluations of the proposals received and for selecting recipients.\\ | ||
| - | |||
| d. Contracts shall be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors consider\\ | d. Contracts shall be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors consider\\ | ||
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| d. after solicitation of a number of sources, competition is determined to be inadequate.\\ | d. after solicitation of a number of sources, competition is determined to be inadequate.\\ | ||
| - | **D. Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms:**\\ | + | **D. Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms & Veteran Owned Small Businesses:**\\ |
| The District must take necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms, including, without limitation, Veteran-Owned Small Businesses (VOSBs) or Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) are used when possible ("target businesses"). Affirmative steps must include:\\ | The District must take necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms, including, without limitation, Veteran-Owned Small Businesses (VOSBs) or Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) are used when possible ("target businesses"). Affirmative steps must include:\\ | ||
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| 2. Assuring that target businesses are solicited whenever they are potential sources;\\ | 2. Assuring that target businesses are solicited whenever they are potential sources;\\ | ||
| - | 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by __target businesses__;\\ | + | 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by target businesses;\\ |
| - | 4. Establishing delivery schedules, where the requirement permits, which encourage participation by __target businesses__;\\ | + | 4. Establishing delivery schedules, where the requirement permits, which encourage participation by target businesses;\\ |
| - | 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and\\ | + | 5. Using the services and assistance, as appropriate, of such organizations as the Small Business |
| + | Administration and the Minority Business Development Agency of the Department of Commerce; and\\ | ||
| 6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.\\ | 6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.\\ | ||
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| **F. Time and Materials Contracts:**\\ | **F. Time and Materials Contracts:**\\ | ||
| - | |||
| The District shall use a time and materials type contract only (1) after a determination that no other contract is suitable; and (2) if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to the District is the sum of the actual costs of materials, and direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit.\\ | The District shall use a time and materials type contract only (1) after a determination that no other contract is suitable; and (2) if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to the District is the sum of the actual costs of materials, and direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit.\\ | ||
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| The District will award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of the proposed procurement. All purchasing decisions shall be made in the best interests of the District and shall seek to obtain the maximum value for each dollar expended. When making a purchasing decision, the District shall consider such factors as (1) contractor integrity; (2) compliance with public policy; (3) record of past performance; and (4) financial and technical resources.\\ | The District will award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of the proposed procurement. All purchasing decisions shall be made in the best interests of the District and shall seek to obtain the maximum value for each dollar expended. When making a purchasing decision, the District shall consider such factors as (1) contractor integrity; (2) compliance with public policy; (3) record of past performance; and (4) financial and technical resources.\\ | ||
| - | The Superintendent shall have the authority to suspend or debar a person/corporation, for cause, from consideration or award of further contracts. The District is subject to and shall abide by the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR Part 180.\\ | + | The Superintendent shall have the authority to suspend or debar a person/corporation, for cause, from consideration or award of further contracts. The District is subject to and shall abide by the non- procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR Part 180.\\ |
| Suspension is an action taken by the District that immediately prohibits a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1) for a temporary period, pending completion of an agency investigation and any judicial or administrative proceedings that may ensure. A person so excluded is suspended. (See 2 CFR Part 180 Subpart G).\\ | Suspension is an action taken by the District that immediately prohibits a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1) for a temporary period, pending completion of an agency investigation and any judicial or administrative proceedings that may ensure. A person so excluded is suspended. (See 2 CFR Part 180 Subpart G).\\ | ||
| - | Debarment is an action taken by the Superintendent to exclude a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1). A person so excluded is debarred. (See 2 CFR Part 180 Subpart H).\\ | + | Debarment is an action taken by the Superintendent to exclude a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR |
| + | chapter 1). A person so excluded is debarred. (See 2 CFR Part 180 Subpart H).\\ | ||
| The District shall not subcontract with or award sub-grants to any person or company who is debarred or suspended. For contracts over $25,000 the District shall confirm that the vendor is not debarred or suspended by either checking the Federal government’s System for Award Management (“SAM”), which maintains a list of such debarred or suspended vendors at www.sam.gov (which replaced the former Excluded Parties List System or EPLS); or collecting a certification from the vendor. (See 2 CFR Part 180 Sub part C).\\ | The District shall not subcontract with or award sub-grants to any person or company who is debarred or suspended. For contracts over $25,000 the District shall confirm that the vendor is not debarred or suspended by either checking the Federal government’s System for Award Management (“SAM”), which maintains a list of such debarred or suspended vendors at www.sam.gov (which replaced the former Excluded Parties List System or EPLS); or collecting a certification from the vendor. (See 2 CFR Part 180 Sub part C).\\ | ||
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| **H. Additional Requirements for Procurement Contracts Using Federal Funds:**\\ | **H. Additional Requirements for Procurement Contracts Using Federal Funds:**\\ | ||
| - | 1. Clause for Remedies Arising from Breach:\\ | + | 1. Clause for Remedies Arising from Breach: |
| For any contract using Federal funds under which the contract amount exceeds the upper limit for Simplified Acquisition/Small Purchases (see DAF-3.C.2), the contract must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and must provide for sanctions and penalties. (See 2 CFR 200, Appendix II(A)).\\ | For any contract using Federal funds under which the contract amount exceeds the upper limit for Simplified Acquisition/Small Purchases (see DAF-3.C.2), the contract must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and must provide for sanctions and penalties. (See 2 CFR 200, Appendix II(A)).\\ | ||
| 2. Termination clause: | 2. Termination clause: | ||
| - | For any contract using Federal funds under which the contract amount exceeds$10,000, it must address the District’s authority to terminate the contract for cause and for convenience, including the manner by which termination will be effected and the basis for settlement. (See 2 CFR 200, Appendix II (B)).\\ | + | For any contract using Federal funds under which the contract amount exceeds $10,000, it must address the District’s authority to terminate the contract for cause and for convenience, including the manner by which termination will be effected and the basis for settlement. (See 2 CFR 200, Appendix II (B)).\\ |
| 3. Anti-pollution clause:\\ | 3. Anti-pollution clause:\\ | ||
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| industry profit rates in the surrounding geographical area for similar work. (See 2 CFR 200.324(b)).\\ | industry profit rates in the surrounding geographical area for similar work. (See 2 CFR 200.324(b)).\\ | ||
| - | 6. “Domestic Preference” Requirement:\\ | + | 6. “Domestic Preference” Requirement: |
| - | The District must provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, to the greatest extent practicable. This requirement applies whether the District is purchasing the products directly or when the products are purchased by third parties on the District’s behalf (e.g. subcontractor, food service management companies, etc.). It also generally applies to all purchases, even those below the micro- purchase threshold, unless otherwise stipulated by the Federal awarding agency. See also additional “Buy American” provisions in DAF-4.C regarding food service procurement. | + | The District must provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, to the greatest extent practicable. This requirement applies whether the District is purchasing the products directly or when the products are purchased by third parties on the District’s behalf (e.g. subcontractor, food service management companies, etc.). It also generally applies to all purchases, even those below the micro- purchase threshold, unless otherwise stipulated by the Federal awarding agency. See also additional “Buy American” provisions in DAF-4.C regarding food service procurement.\\ |
| - | 7. Huawei Ban:\\ | + | 7. Prohibited Contracts (a/k/a Huawei Ban):\\ |
| - | The District may not use Federal funds to procure, obtain, or enter into or renew a contract to procure or obtain equipment, services, or systems which substantially use telecommunications equipment or services produced by Huawei Technologies Company or ZTE Corporation, or any of their subsidiaries.\\ | + | The District may not use Federal funds to procure, obtain, or enter into or renew a contract to:\\ |
| + | |||
| + | a. procure or obtain equipment, services, or systems which substantially use telecommunications equipment or services produced by Huawei Technologies Company or ZTE Corporation, or any of their subsidiaries; or\\ | ||
| + | |||
| + | b. procure or obtain video surveillance and telecom equipment or services from Hytera Communications, Hangzhou Digital Technology or Dahua Technology.\\ | ||
| + | |||
| + | 8. Construction Contracts: Davis-Bacon Act Compliance: | ||
| + | All contracts/projects in excess of $2,000 for the construction, alteration, or preparation of public buildings or public works for which the funds are provided for or in part by Federal funds are subject to the requirements of the Davis-Bacon Act (40 U.S.C. 3141-3148). Accordingly, such contracts and projects must adhere to the following:\\ | ||
| + | |||
| + | a. Prevailing Wage Requirements:\\ | ||
| + | |||
| + | i. Wage Determination\\ | ||
| + | Contractors and subcontractors must pay all laborers and mechanics weekly, and at no less than the prevailing wages and fringe benefits as determined by the U.S. Department of Labor (DOL) for the locality in which the project is performed. The “Prevailing Wage Determination” must be included in all applicable bid solicitations and contracts.\\ | ||
| + | |||
| + | ii. Certification of Payroll Reporting\\ | ||
| + | Contractors and subcontractors must submit weekly certified payroll records (Form WH-347 or equivalent) to the district official overseeing the project and/or grant (e.g., clerk of the works, project manager, etc.). Such payroll records must include employee names, classifications, hourly rates, actual hours worked, and deductions.\\ | ||
| + | |||
| + | b. Worksite Postings | ||
| + | Contractors/subcontractors must post the Prevailing Wage Determination, as well as the Department of Labor’s “Employee Rights Under the Davis-Bacon” at the job site in a visible location.\\ | ||
| + | |||
| + | c. Contractor and Subcontractor Compliance.\\ | ||
| + | |||
| + | i. District contracts subject to the Davis-Bacon Act must include a compliance clause requiring contractor and subcontractor adherence to prevailing wage standards and the additional requirements of the Davis-Bacon Act and this policy section.\\ | ||
| + | |||
| + | ii. Contractors must ensure that their subcontractors also comply with the requirements of the Davis-Bacon Act.\\ | ||
| + | |||
| + | d. Enforcement and Non-compliance.\\ | ||
| + | |||
| + | i. The district official overseeing the project and/or grant (e.g. clerk of the works, project manager, etc.) shall be responsible for monitoring contractor adherence to the Davis-Bacon act.\\ | ||
| + | |||
| + | ii. Any suspected violations must be reported to the Superintendent or his/her designee and may be referred to the U.S. Department of Labor Wage and Hour Division for further investigation.\\ | ||
| **I. Bid Protest:**\\ | **I. Bid Protest:**\\ | ||
| + | |||
| The District maintains the following protest procedures to handle and resolve disputes relating to procurements and, in all instances, discloses information regarding the protest to the awarding agency.\\ | The District maintains the following protest procedures to handle and resolve disputes relating to procurements and, in all instances, discloses information regarding the protest to the awarding agency.\\ | ||
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| **District Policy History:**\\ | **District Policy History:**\\ | ||
| - | First reading/approved: March 2, 2026\\ | + | First reading: August 3, 2026\\ |
| - | **District revision history:** Approved April 19, 2021, Revised December 2, 2024\\ | + | Second reading: August 17,2026\\ |
| + | **District revision history:** Approved April 19, 2021, Revised December 2, 2024, March 2, 2026\\ | ||
daf-3_administration_of_federal_grants_-_procurement.txt · Last modified: 2026/08/31 18:01 by sau47
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