- Oral communications at the pre-proposal or pre-bid conference.
- Communications during evaluation committee meetings including presentations, demonstrations, or interviews.
- Oral communications during any duly noticed Board meeting.
6320 - Procurement
The Superintendent shall be responsible for the procurement of supplies, materials, equipment, and services paid for from Board funds.
The Superintendent is authorized to approve and execute contracts on behalf of the District involving the expenditure of public funds in an amount no greater than the amount established for purchase in F.A.C. 6A-1.012, so long as the obligation created does not exceed the applicable appropriation within the District budget and the contract is otherwise in compliance with the applicable District procedures, rules, and law.
The Board has also delegated limited procurement authority to department heads and school principals, as set forth below.
A. Authority is vested in the administrator of each department and principal of each school to contract for goods and services in an amount not to exceed $5,000.
B. Authority is vested in the Superintendent to approve agreements for technical services between $5,000 and $10,000. When the contract amount will equal or exceed $10,000 for any one fiscal year, the agreement for technical services must be approved by the Board prior to services being provided.
The Board shall approve and execute all contracts on behalf of the District involving the expenditure of public funds in an amount greater than the amount established for purchase in F.A.C. 6A-1.012.
Each purchase shall be based upon a request originating from the principal or department head where the product is used, except in extreme emergencies, when the Superintendent may grant permission for such purchases. Each emergency purchase shall be followed immediately with a purchase order. Each request, or agreement/contract, shall be properly financed, budgeted, and encumbered prior to the issuing of a purchase order. The payment of an unauthorized purchase shall be the sole responsibility of the person placing the order.
Personal Purchases and Commercial Services
No employee or school official of the Board shall be permitted to use bid prices or school prices or receive any preferential treatment in the making of personal purchases unless approved by the Superintendent.
It is the policy of the Board that the Superintendent shall be responsible for estimating needs for items in common use and making quantity purchases. All items, or groups of related items, that cost in excess of the amount defined in F.A.C. 6A-1.012(6) shall be purchased based on competitive solicitations, except as otherwise authorized by Florida statutes and/or Florida Administrative Code.
The Board shall give consideration to prices established by the State of Florida Department of Management Services, Division of Purchasing through its contracts and negotiated agreement price schedules. The Board shall also give consideration to prices established by cooperative agreements, educational consortiums, and other governmental agencies. The Board is not required to request bids for purchases made from Federal General Services Administration contracts.
The Superintendent is authorized to issue purchase orders in accordance with bids awarded pertaining to the above, without further action of the Board, so long as the obligation created does not exceed the applicable appropriation within the District budget.
A. A bidder who wishes to file a bid protest must file such notice and follow procedures prescribed by F.S. 120.57(3) for resolution. For bids solicited by Procurement Services, the notice must be filed with the General Manager of Procurement Services.
B. Any person who files an action protesting a decision or intended decision pertaining to a bid pursuant to F.S. 120.57(3)(b) shall post, at the time of filing the formal written protest, a bond payable to the Board in an amount of five percent of the lowest accepted bid for all other projects, conditioned upon payment of all costs and fees which may be adjudged against the protestor in the administrative hearing. If at the hearing the Board prevails, it shall recover all costs excluding attorney's fees from the protestor; if the protestor prevails, the protestor shall recover from the Board all costs excluding attorney's fees.
C. Failure to file a notice of intent to protest, or failure to file a formal written protest within the time prescribed in F.S. 120.57(3), shall constitute a waiver of proceedings under F.S. Chapter 120.
Cone of Silence
The Cone of Silence prohibits any communication regarding an active competitive solicitation between any District employee or Board member and any third party, representative, or lobbyist of that party, unless permitted in this section.
Any Board member, the Superintendent, Evaluation Committee Member, or any District employee is prohibited from having any communications concerning a solicitation for an active competitive procurement during the Cone of Silence period.
Any party, representative, or lobbyist of that party, is prohibited from having any communications concerning an active solicitation for a competitive procurement with any School Board member, the Superintendent, any Evaluation Committee Member, or any other District employee concerning a solicitation for a competitive procurement during the Cone of Silence period. Communication by any party, representative, or lobbyist of that party, regarding an active solicitation found to be in violation of this section may result in the rejection of their proposal and may include further sanctions.
Any communications, including but not limited to, matters of process, procedure, or protest must be submitted in writing and directed to the assigned procurement officer.
The Cone of Silence period shall go into effect and shall remain in effect from the time of release of the competitive solicitation until the contract is awarded by the Board. At the time of issuance of the solicitation, the Superintendent or designee shall provide public notice of the Cone of Silence and shall include any such notice in advertisement or public solicitation for commodities and contractual services in a statement disclosing the requirements of this section.
Unless specifically provided otherwise in the applicable solicitation document, the Cone of Silence does not apply to:
Pursuant to the relevant Florida statutes and similar to F.S. 287.042(1)(b), the Superintendent shall have authority to debar a person/company for cause from consideration or award of future contracts. The debarment shall be for a period commensurate with the seriousness of the causes generally not to exceed three years.
F.S. 1001.43, 1010.04, 1013.45
F.A.C. 6A-1.012, 6A-2.0010
2 CFR Part 200.320