File:  DJB*-R - Federal Procurement

NOTE: Colorado school districts that receive federal funds are required by federal law to adopt procurement procedures and the law contains some specific direction as to the content or language. This sample regulation and the accompanying policy contain the content/language that CASB believes best meets the intent of the law. However, the district should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs.

The district may continue to comply with the procurement standards in previous federal guidance for two additional fiscal years following the implementation of the federal Uniform Grant Guidance (UGG), which became effective December 26, 2014. If the district chooses to use previous procurement standards, the district must document this decision in its internal procurement policies and procedures. As of July 1, 2017, districts that receive federal funds must comply with the requirements of the UGG for all purchases made with federal funds and must implement procurement procedures that meet the UGG's requirements.

"Single source" procurement

One or more of the following conditions justify procurement of a small or large purchase pursuant to a noncompetitive proposal (i.e., "single source" procurement):

1. The item is only available from a single source;

2. A public exigency or emergency exists and does not permit the delay that would result from a competitive solicitation;

3. After solicitation of a number of sources, the district determines that competition is inadequate; or

4. The federal awarding agency or the state as the pass-through entity has expressly authorized noncompetitive proposals in response to a written request from the district.

The district shall document the grounds for using a single source procurement process in lieu of an otherwise-required competitive method of procurement.

Standards for obtaining price or rate quotations

The following standards apply to district procurement decisions that include the consideration of price or rate quotations:

1.  Obtain at least two price or rate quotations that represent acceptable procurement options.

2. Price or rate quotations may be obtained from an online search, publicly advertised prices, written quotations prepared upon request or by documenting verbal quotations.

3. The specific price or rate quotation need not be the sole determining factor in the procurement decision if:

a.  other relevant and material differences exist among the quotations (e.g., quality, functionality, vendor-supplied support services, life-cycle cost estimates, vendor experience in connection with the purchase of services, etc.); and

b. such differences predominate over a strict cost comparison.

4. If the district determines that it is in the district's best interests to not select the lowest price or rate quotation based upon the criteria listed in the above paragraph, the reason for deviating from using cost as the determining factor shall be documented.

Additional standards applicable to procurements under the federal Uniform Grant Guidance

Unless expressly authorized by the federal Uniform Grant Guidance and/or other applicable federal law, the following standards shall apply to district purchases made in whole or in part with federal funds:

1. The district shall take affirmative steps to assure that minority businesses, women's business enterprises and labor surplus area firms are used when possible. These affirmative steps include, but are not limited to, placing qualified small and minority businesses and women's business enterprises on solicitation lists and ensuring the small and minority businesses and women's business enterprises are solicited whenever they are potential sources.

2. A time and materials contract may be used only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk.

3. District procurement supported by federal funds may be subject to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The general requirements include procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative program for procurement of recovered materials as identified in Environment Protection Agency (EPA) guidelines.

(Approval date)

COLORADO SAMPLE REGULATION 2017