712 - Purchasing-Bidding

The Board supports economic development in Iowa. Purchases by the District will be made in Iowa for Iowa goods and services from a locally-owned business located within the District or from an Iowa-based company which offers these goods or services if the cost and other considerations are relatively equal and they meet the required specifications.

All Projects

It shall be the responsibility of the Superintendent to approve purchases, except those authorized by or requiring direct Board action. The Superintendent shall have the authority to authorize purchases without competitive proposals for goods and services costing under $25,000 without prior Board approval. For all purchases for goods and services costing more than $25,000, the Superintendent shall seek, at minimum, competitive quotations and shall submit all quotations to the Board for its review.

The Superintendent may coordinate and combine purchases with other governmental bodies to take advantage of volume price breaks. Joint purchases with other political subdivisions will be considered in the purchase of equipment, accessories or attachments with an estimated cost of $50,000 or more.

Public Improvement Projects

For goods and services utilized in public improvement projects, as defined under Iowa law, costing $57,000 or less, the Superintendent shall receive quotes of the goods and services to be purchased prior to approval by the Superintendent or the Board.

For goods and services utilized in public improvement projects, as defined under Iowa law, costing more than $57,000 and less than $139,000, the Superintendent shall receive competitive quotations of the goods and services to be purchased prior to approval by the Board. The purchase will be made from the party submitting the lowest responsive, responsible quotation based upon total cost considerations including, but not limited to, the cost of the goods and services being purchased, availability of service and/or repair, delivery date, and other factors deemed relevant by the Board.

For goods and services utilized in public improvement projects, as defined under Iowa law, costing more than $139,000, the Superintendent shall receive competitive sealed bids of the goods and services to be purchased prior to approval of the Board. The purchase will be made from the party submitting the lowest responsive, responsible bid based upon total cost considerations including, but not limited to, the cost of the goods and services being purchased, availability of service and/or repair, delivery date, and other factors deemed relevant by the Board.

The Board and the Superintendent shall have the right to reject any or all quotations or bids, or any part thereof, and to seek additional quotations or bids. The Board will enter into such contract or contracts as the Board deems in the best interests of the District.

The procurement of all supplies, equipment, and services shall be initiated by the issuance of an official purchase order signed by the Superintendent or by an authorized staff member. Only those supplies, equipment, and services procured by formal contract shall be exempt.

REVIEWED: 11/18/2019 - APPROVED 12/03/2019

dawn.gibson.cm… Sat, 02/05/2022 - 09:38

712A - Procurement

The purpose of this procurement policy is to ensure that sound business judgement is utilized in all procurement transactions and that supplies, equipment, construction and services are obtained efficiently and economically and in compliance with applicable federal and state law and executive orders and to ensure that all procurement transactions will be conducted in a manner that provides full and open competition. These procedures will ensure that all solicitations incorporate clear and accurate descriptions of the technical requirements for the goods or services being procured. Chapter 26 and Section 331.341 of the Iowa Code will be followed on all applicable purchases. All other appropriate sections of the Iowa Code shall also apply.

Application

This policy applies to the procurement of all supplies, equipment, and construction and services of and for Eddyville-Blakesburg-Fremont CSD that include any federal program funding. In regards to any such federal programs, all procurement will be done in accordance with 2 CFR; Part 200. Chapter 26 and Section 331.341 of the Iowa Code will be followed on all applicable purchases. All other appropriate sections of the Iowa Code shall also apply. When federal requirements conflict with local or state requirements, the federal requirement, or most restrictive requirement will be followed.

Methods of Procurement

Procurement under grants shall be made by one of the following methods, as described herein: (a) small purchase procedures; (b) sealed bids (formal advertising); (c) competitive proposals; (d) noncompetitive proposals.

Micro-Purchase Procedures 200.320(a)
1. The acquisition of supplies or serves, the aggregate dollar amount of which does not exceed the micro-purchase threshold - $10,000 (200.67)
2. To the extent practicable, must distribute micro-purchases equitably among qualified suppliers
3. May be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable
Small Purchase Procedures 200.320(b)
1. Are those relatively simple and informal procurement methods for securing services, supplies, or other property that does not cost more than the simplified acquisition threshold - $55,000 (200.88)
1. Price or rate quotations are to be obtained from an “adequate number” of qualified sources
Sealed Bidding (formal advertising) 200.320(c)
1. Lowest priced, responsive, responsible, bidder WINS
2. The preferred method for construction when sealed bidding is “feasible”, which is when certain conditions are present
3. Bids must be solicited from an “adequate number of known suppliers”, providing them sufficient response time before date for the opening of bids
4. Bids will be opened at the time and place prescribed in the invitation for bids
5. Must publicly advertise the invitation for bids
6. Bids must be opened publicly
7. Other procedural requirements at 200.320(c)(2)
Competitive Proposals 200.320(d)
1. Used when conditions are not appropriate for the use of sealed bids
2. The appropriate method when more than one source is expected to submit an offer and either a fixed-price or cost-reimbursement type contract is awarded
3. Awards will be made to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered
4. Requests for proposals must be publicized and identify all evaluation factors and their relative importance
5. Proposals must be solicited from an adequate number of qualified sources
6. Must have written method for conducting technical evaluations of the proposals received and for selection of the contract

Noncompetitive Proposals 200.320(f)
1. Procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply:
  1. One Source: the item is available only from a single source
  2. Exigency/Emergency: an exigency or emergency will not permit a delay resulting from competitive solicitation
  3. Awarding Agency Approval: the Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity
  4. Inadequate Competition: after the solicitation of a number of sources, competition is determined inadequate

Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms (200.321)

Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;
Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;
Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;
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
Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (a) through (e).

Contract Pricing (200.323)

The cost plus a percentage of cost and percentage of construction cost method of contracting shall not be used.
Eddyville-Blakesburg-Fremont CSD shall perform some form of cost/price analysis for every procurement action, including contract modifications, amendments, or change orders. Eddyville- Blakesburg-Fremont CSD shall make an independent estimate prior to receiving a bid or proposal.
Eddyville-Blakesburg-Fremont CSD shall negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. In determining a fair and reasonable profit, Eddyville-Blakesburg-Fremont CSD must consider the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of its record of past performance and the industry profit rates in the surrounding geographical area.

Procurement Records

Eddyville-Blakesburg-Fremont CSD shall maintain records sufficient to detail the significant history of a procurement, including the rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. (200.324)

Eddyville-Blakesburg-Fremont CSD must make available, upon request of the Federal awarding agency or pass-through entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition.
Eddyville-Blakesburg-Fremont CSD must make available upon request, for the Federal awarding agency or pass-through entity preprocurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when:
1. Eddyville-Blakesburg-Fremont CSD’s procurement procedures or operation fails to comply with the procurement standards in this Part;
2. The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation;
3. The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand name" product;
4. The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or
5. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold.
Eddyville-Blakesburg-Fremont CSD is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this Part.
1. Eddyville-Blakesburg-Fremont CSD may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third party contracts are awarded on a regular basis;
2. Eddyville-Blakesburg-Fremont CSD may self-certify its procurement system. Such self-certification must not limit the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from Eddyville-Blakesburg-Fremont CSD that it is complying with these standards. Eddyville-Blakesburg-Fremont CSD must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review.

Awarded Contracts

1. 1. Eddyville-Blakesburg-Fremont CSD will not award a contract to a party listed as debarred, suspended, or otherwise excluded in the System for Award Management (SAM). www.sam.gov (200.213)
  2. Contracts awarded shall contain the applicable contract provisions described in 2 CFR 200.326 and Appendix II to Part 200.
  3. Eddyville-Blakesburg-Fremont CSD will maintain written standards of conduct covering conflicts of interest and must provide for disciplinary action to be applied for violations of such standards as defined in 2 CFR 200.318 (c) (1).

REVIEWED: 10/19/2020 – APPROVED: 11/16/2020

dawn.gibson.cm… Sat, 02/05/2022 - 09:39

712B - Fraud Reporting Policy

2 CFR Part 200 Subpart B-General Provisions
200.113 Mandatory Disclosures

In compliance with Uniform Grant Guidance, in Title 2 Code of Federal Regulation (C.F.R.) Grants and Agreements, Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, this policy is adopted.

A non-Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Non-Federal entities that have received a Federal award including the term and condition outlined in Appendix XII—Award Term and Condition for Recipient Integrity and Performance Matters are required to report certain civil, criminal, or administrative proceedings to SAM. Failure to make required disclosures can result in any of the remedies described in §200.338 Remedies for noncompliance, including suspension or debarment. (See also 2 CFR part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313.)

If an employee, elected official, board or commission member, volunteer, agent, etc. learns of a violation of Federal criminal law involving fraud, bribery, or gratuity potentially affecting a Federal grant, they will report the violation to: Mary McCrea, Human Resources, PO Box 429, 222 Walnut Street, Eddyville, IA 52553, 641-969-4226

The above named is/are responsible for reporting the violation to the relevant federal agency, or pass-through agency in writing, and in a timely manner.

REVIEWED: 10/19/2020 – APPROVED: 11/16/2020

dawn.gibson.cm… Sat, 02/05/2022 - 09:44

712C - Personally Identifiable Information and Protected Personally Identifiable Information Requirements Applicable to all Federal Awards

In compliance with Uniform Grant Guidance in Title 2 Code of Federal Regulation (C.F.R.) Grants and Agreements, Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, it is the policy of: Eddyville-Blakesburg-Fremont CSD to protect Personally Identifiable Information (PII) of employees, customers, vendors, contractors, volunteers, etc. The electronic restrictions and safeguards outlined in 2 C.F.R. 200.79 Personally Identifiable Information, and 200.82 Protected Personally Identifiable Information (PPII), along with 2 C.F.R 200.303 Internal Controls, this policy provides guidance for employees, volunteers, agents, etc. with access to PII and PPII.

Personally Identifiable Information (2 C.F.R. 200.79) is any information pertaining to an individual that can be used to distinguish or trace a person's identity. Some information that is considered PII is available in public sources such as telephone books, public websites, etc. This type of information is considered to be Public PII and includes:

1. First and Last name

2. Address

3. Work telephone number

4. Work e-mail address

5. Home telephone number

6. General educational credentials

7. Photos and video

The definition of PII is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified. Non-PII can become PII whenever additional information is made publicly available, in any medium and from any source, that, when combined with other available information, could be used to identify an individual.

Protected PII (2 C.F.R. 200.82) means an individual's first name or first initial and last name in combination with any one or more of types of information, including, but not limited to:

1. Social security number

2. Username and password

3. Passport number

4. Credit card number

5. Clearances

6. Banking information

7. Biometrics

8. Data and place of birth

9. Mother's maiden name

10. Criminal, medical and financial records

11. Educational transcripts

12. Photos and video including any of the above

This does not include PII that is required by law, statute, or regulation to be disclosed, such as a law enforcement or court order right to know.

Internal controls (2 C.F.R. 200.303)

The non-Federal entity must:

(e) Take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or pass-through entity designates as sensitive or the non-Federal entity considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.

[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75883, Dec. 19, 2014]

Procedures

Guidelines on how to maintain and discard PII. All electronic files that contain Protected PII will reside within a protected information system location. All physical files that contain Protected PII will reside within a locked/secured/monitored location when not being actively viewed or modified. Protected PII is not to be downloaded, without prior approval, to personal or organization owned employee workstations or mobile devices (such as laptops, personal digital assistants, mobile phones, tablets or removable media). PII will also not be sent through any form of insecure electronic communication e.g. e-mail or instant messaging systems. Significant security risks emerge when PII is transferred from a secure location to a less secure location or is disposed of improperly. When disposing of PII the physical or electronic file should be shredded, securely deleted, or disposed of by a means that renders the information unrecognizable and beyond reconstruction.

Incident Reporting

Mary McCrea must be informed of a real or suspected disclosure or breach of Protected PII data within 24 hours after discovery. Examples: misplacing a paper report, loss of a laptop, mobile device, or removable media containing PII, accidental email of PII, possible virus, or malware infection or a computer containing PII.

Audits

Periodic audits of organization owned equipment and physical locations may be performed to ensure that protected PII is stored in approved information systems or locations. The purpose of the audit is to ensure compliance with this policy and to provide information necessary to continuously improve practices.

Enforcement

Anyone found to be in violation of this policy may be subject to disciplinary action as deemed appropriate based on the facts and circumstances giving rise to the violation.

Records Disposal

Records containing personal data are to be disposed of so as to prevent inadvertent compromise of data and will use a disposal method that will render all personal data unrecognizable and beyond reconstruction.

REVIEWED: 10/19/2020 – APPROVED: 11/16/2020

dawn.gibson.cm… Sat, 02/05/2022 - 09:45

712D - Protest Procedure

A. Any actual or prospective bidder, offeror, or contractor who considers himself to have been aggrieved in connection with the solicitation, evaluation, or award of a contract by the EBF School District may formally protest to the Superintendent of EBF School District. Such protests must be made in writing and received by the Superintendent of EBF School District. The protesting party must mail or deliver copies of the protest to the EBF School District, the State Agency, and other interested parties.

B. In the event of a timely protest, the EBF School District shall not proceed further with the solicitation or award of the contract.

C. A formal protest must be sworn and contain:

A specific identification of the statutory or regulatory provision that the protesting party alleges has been violated.
A specific description of each action by EBF School District that the protesting party alleges to be a violation of the statutory or regulatory provision that the protesting party has identified.
A precise statement of the relevant facts.
A statement of any issues of law or fact that the protesting party contends must be resolved.
A statement of the argument and authorities that the protesting party offers in support of the protest.
A statement that copies of the protest have been mailed or delivered to the State Agency and all other identifiable interested parties.

D. The EBF School District may settle and resolve the dispute over the solicitation or award of a contract at any time before the matter is submitted on appeal. The EBF School District may solicit written responses to the protest from other interested parties.

E. If the protest is not resolved by mutual agreement, the EBF School District shall issue a written determination that resolves the protest.

If the EBF School District determines that no violation of statutory or regulatory provisions has occurred, then the EBF School District shall inform the protesting party, the State Agency, and other interested parties by letter that sets forth the reasons for the determination.
If the EBF School District determines that a violation of any statutory or regulatory provisions has occurred in a situation in which a contract has not been awarded, then the EBF School District shall inform the protesting party, the State Agency, and other interested parties of that determination by letter that details the reasons for the determination and the appropriate remedy.
If the EBF School District determines that a violation of any statutory or regulatory provisions has occurred in a situation in which a contract has been awarded, then the EBF School District shall inform the protesting party, the State Agency, and other interested parties of that determination by letter that details the reasons for the determination. This letter may include an order that declares the contract void.

F. The EBF School District shall maintain all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the retention schedule of EBF School District.

REVIEWED:01/17/2022 – APPROVED: 02/21/2022

Jen@iowaschool… Tue, 06/28/2022 - 14:10