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dcps departments

Policy No. 2-201: Methods of Source Selection and Board Approval
Policy No. 2-202: Formal Sealed Bidding
Policy No. 2-203: Formal Sealed Proposals
Policy No. 2-204: Informal Procurements
Policy No. 2-205: Sole Source Procurements
Policy No. 2-206: Emergency Procurements
Policy No. 2-207: Florida Administrative Purchasing Policies
Policy No. 5-101: Authority to Resolve Protested Solicitations/Awards
 

Policy No. 2-201: Methods of Source Selection and Board Approval.
Unless otherwise authorized by law, all Board contracts shall be awarded by one of the following methods:

• a) Section 2-202 (Formal Sealed Bidding);
• b) Section 2-203 (Formal Sealed Proposals);
• c) Section 2-204 (Informal Procurements);
• d) Section 2-205 (Sole Source Procurements);
• e) Section 2-206 (Emergency Procurements);
• f) Section 2-207 (Florida Administrative Policies);

Policy No. 2-202: Formal Sealed Bidding.

1. Conditions for Use. Contracts shall be awarded by formal sealed bidding when the amount of the purchase exceeds an amount established by the State Board of Education or an amount approved by waiver by the Commissioner of Education except as otherwise provided.
2. Invitation for Bids. An Invitation for Bids shall be issued and shall include a purchase description, and any contractual terms and conditions applicable to the procurement known at the time the Invitation for Bids is issued.
3. Public Notice. Public notice of the Invitation for Bids shall be given a reasonable time prior to the date set forth therein for the opening of bids. Such notice may include publication in a newspaper for a reasonable time prior to bid opening.
4. Bid Opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the Invitation for Bids. The amount of each bid and such other relevant information as may be specified by regulation, together with the name of each bidder shall be recorded; the record and each bid shall be open to public inspection.
5. Bid Acceptance and Bid Evaluation. Bids shall be accepted without alteration or correction, except as authorized in this Policy. Bids shall be evaluated based on the requirements set forth in the Invitation for Bids. Depending on the type of bid, criteria may be included to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs, or other factors. The Invitation for Bids shall set forth the evaluation criteria to be used.
6. Award. The contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the Invitation for Bids.

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Policy No. 2-203: Formal Sealed Proposals.

1. Conditions for Use. When the amount of the procurement exceeds an amount established by the State Board of Education or an amount approved by waiver by the Commissioner of Education and the Director of Purchasing or an officer above the level of the Director of Purchasing determines in writing that the use of formal sealed bidding is either not practicable or not advantageous to the Duval County Public Schools, a contract may be entered into by formal sealed proposals.
2. Request for Proposals. Proposals shall be solicited through a Request for Proposals.
3. Public Notice. Public notice of the Request for Proposals shall be given in the same manner as provided in Section 2-202(3) (Formal Sealed Bidding, Public Notice).
4. Receipt of Proposals. Proposals shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation. A Register of Proposals shall be prepared and shall be open for public inspection after contract award.
5. Evaluation Factors. The Request for Proposals shall state the relative importance of price and other evaluation factors including Minority Business Enterprise participation.
6. Discussion with Responsible Offerers and Revisions to Proposals. As provided in the Request for Proposals, discussions may be conducted with responsible offerers who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Offerers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers.
7. Award. Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the Duval County Public Schools taking into consideration price and the evaluation factors set forth in the Request for Proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made.

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Policy No. 2-204: Informal Procurements.
Any procurement not exceeding an amount established by the State Board of Education or an amount approved by waiver by the Commissioner of Education shall be made in accordance with informal procurement procedures developed by the Director of Purchasing. Procurement requirements shall not be artificially divided so as to constitute an informal procurement under this section. Any procurement in an amount less than an amount established by the State Board of Education or an amount approved by waiver by the Commissioner of Education but greater than $5,000 shall require the solicitation of at least three (3) written quotations. Any procurement in an amount less than $5,000 may require solicitation of written or verbal quotations at the discretion of the Director of Purchasing or designee.

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Policy No. 2-205: Sole Source Procurements.
A contract may be awarded for a supply or service without competition when the Director of Purchasing, or a designee, determines in writing that there is only one source for the required supply or service.
This method of procurement involves no competition and should be utilized only when justified and necessary to serve the Duval County Public Schools needs. The power to authorize a sole source award is limited to the Director of Purchasing or designees. The purpose in specifying these officials is to reflect an intent that such determinations will be made at a high level.

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Policy No. 2-206: Emergency Procurements.
Notwithstanding any other provision of this Policy, the Director of Purchasing or a designee may make or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety under emergency conditions provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.

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Policy No. 2-207: Florida Administrative Purchasing Policies.
Florida Administrative Rules waives the requirements for requesting bids for the following:

1. Purchases that are made at the unit prices in contracts awarded by city or county governmental agencies, other school boards, community colleges, state university system cooperative bid agreements or state contracts.
2. Purchase of professional or educational services, educational tests, textbooks, printed instructional materials, computer software, films, filmstrips, video tapes, disc or tape recordings, or similar audio-visual materials, and for library and reference books, and printed library cards where such materials are purchased directly from the producer or publisher, the owner of the copyright, an exclusive agent within the state, a governmental agency or recognized educational institution.
3. Purchases, leases, lease with option to purchase, rental or otherwise information technology resources. The school district can enter into direct negotiation and contract with a vendor or supplier, as best fits the needs of the school district, as determined by the school board.
4. Purchase of insurance, entering risk management programs, or contracting with third party administrators. This can also be done by direct negotiation and contract.

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Policy No. 5-101: Authority to Resolve Protested Solicitations/Awards.

1. Any actual or prospective bidder, proposer or contractor who is aggrieved in connection with the solicitation or award of a contract may file a protest and shall deliver its written notice of protest to the Chief Officer, Operations Support, or designee (hereinafter Hearing Officer) immediately, but no later than two (2) working days after bid opening or after recommendation of award, if not to the apparent low bidder, or as set forth in paragraph 9 infra, which will initiate the 48-hour notice requirement. The written protest with documentation shall be delivered to the Hearing Officer no later than 2 p.m. on the 4th calendar day immediately following the bid opening or receipt of notice of intent to award recommendation as is appropriate. If that day is a School Board non-workday, the protest shall be delivered no later than 9 a.m. the next Duval County School Board (DCSB) work day. Protests shall be presented with specificity, and every issue shall be fully documented.
2. The legal basis for any relief sought must be clearly identified and explained in the written notice of protest.
3. The Hearing Officer shall call a meeting and hear all protests and receive all evidence within a reasonable time. This does not preclude the Hearing Officer from calling a special meeting or granting a continuance under extraordinary circumstances.
4. All bidders or offers shall receive notice of any protest hearing and a copy of the protest document. Attachments shall be available upon request.
5. The Florida Rules of Civil Procedure may be relaxed at the sole discretion of the Hearing Officer presiding at any protest hearing.
6. The Hearing Officer shall issue his/her decision within two (2) working days of the completion of the protest hearing.
7. The Hearing Officers decision shall result in a final order which may include findings and conclusions. The decision of the Hearing Officer shall be final.
8. The DCSB does not encourage the use of faxes to accomplish delivery of the notice of protest and the protest itself. Any bidder or offerer utilizing delivery by fax shall assume the risk associated with incomplete delivery or non receipt.
9. Any protest specification objection shall be generally treated as set forth in paragraph 1 supra. The operative date for the notice requirement shall be the date the specifications were obtained by the prospective bidder or offer but no later than 10 days prior to the date of bid opening or proposal due date.

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