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Procurement
Code - Procurement Organization
Committees
and Management
1. Centralization
of Materials Management Authority
2. Authority
and Duties of the Board
3. Authority and Duties
of the Superintendent
Exemptions
Advisory
Committees and Training
Auditing
and Fiscal Reporting
1. Certification
2. Collection
of Data Concerning Public Procurement.
3. Auditing
and Fiscal Reporting.
4. Administrative Penalties.
5. Authority
to Contract for Auditing Services.
6. Authority
to Contract for Legal Services.
7. Authority
to Contract for Certain Professional Services
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All
rights, powers, duties and authority
relating to the procurement of
supplies, equipment, services,
and information technology and
to the management, control, warehousing,
sale and disposal of supplies,
construction, information technology,
and services now vested in or exercised
by a school or department under
the provisions of law relating
thereto, and regardless of source
of funding, are hereby vested in
the District. This vesting of authority
shall be subject to Exemptions,
Authority to Contract for Auditing
Services, Authority to Contract
for Legal Services, Authority to
Contract for Certain Services,
Small Purchases, Emergency Procurements,
Exception for Small Architect-Engineer,
and Land Surveying Services Contracts,
and Management of Warehouses and
Inventory.
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| 2. Authority
and Duties of the Board |
a. |
Authority
to Promulgate Policies. The Board
shall have the authority and responsibility
to promulgate policies, consistent
with this code, governing the procurement,
management, control and disposal
of any and all supplies, services,
equipment and construction to be
procured by the District. Such policies
shall be binding in all procurements
made by the District. |
b |
Non-delegation.
The Board shall not delegate its
power to promulgate policies. |
c. |
Board
Oversight. The Board acting as a
whole shall consider and decide matters
of policy within the provisions of
this Code, including those referred
to it by the Superintendent. The
Board shall have the power to audit
and monitor the implementation of
its policies and the requirements
of this Code. |
d. |
Board
Approval. The Board reserves to itself
the right to approve all purchase
orders and contracts of $50,000 or
more, except when such purchases
have received specific, prior approval.
(II.A.2.d. approved 11/26/85 by the
Board.) |
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| 1.
Exemptions |
The
Board may exempt specific supplies
or services from the purchasing procedures
herein required or withdraw any exemptions
provided for in this section. The
following items will be exempted
from the procurement process: |
| a. |
Books,
Periodicals, Newspapers, Technical
Pamphlets, Standardized Tests and
Testing Materials, Copyrighted Educational
Materials, Filmstrips, Education
Instruction Software, Slides and
Transparencies, Utilities, Fuel and
Water |
| b. |
Travel
to Workshops, Seminars, Conferences
by District Employees |
| c. |
Professional
Journals |
| d. |
Advertisements
in professional journals or publications |
| e. |
Advertising
time or space in newspapers, radio
or television |
| f. |
License
agreements for computer software,
after such software has been competitively
bid, as required by the Procurement
Code |
| g. |
Animals
acquired for specific or general
research, testing or experimentation |
| h. |
Expenses
of evaluation committees in order
to obtain or maintain accreditation,
e.g. the Southern Association of
Colleges and Schools |
| i. |
Services
of artists and performers approved
by the S.C. Arts Commission |
| j. |
Livestock,
Feed and Veterinary Supplies |
| k. |
Milk,
Meats, Fish and Eggs |
| l. |
Affiliations
with any Credit Union |
| m. |
Purchase
of Annuities or other investment
activities |
| n. |
Oil
Company Credit Cards - purchases
for gas and oil and emergency repairs |
| o. |
Attorneys,
subject to approval by the Board |
| p. |
Licensed
Medical Doctors, Psychiatrists |
| q. |
Court
Reporters |
| r. |
Professional
Dues, Registration and Membership
Fees |
| s. |
Instructional
or administrative training seminars
or staff development offered by the
District to District employees and
the contractual services, if any,
necessary to provide the services
for the seminar |
| t. |
Diplomas |
| u. |
U.S.
Postage Stamps and P.O. Boxes |
| v. |
Art
Reproductions |
| w. |
Perishable
Foods (to include fresh fruits and
vegetables) |
| x. |
Expert
witnesses |
| y. |
Goods,
products and services from the South
Carolina Department of Corrections,
Division of Prison Industries |
| z. |
Services
and/or supplies provided by the Division
of General Services to public procurement
units. |
| aa. |
Items
purchased with local school funds/student
activity funds (not allocated funds) |
| bb. |
Procurements
by the District through a cooperative
purchase where the public procurement
unit or external procurement activity
administering the cooperative purchase
complied with the requirements
of the South Carolina Procurement
Consolidated Code, or such other
procurement code approved by the
Office of General Services of the
State Budget and Control Board
pursuant to S.C.Code Ann. § 11-35-70
(Supp. 2000). |
| cc. |
Any
exemption approved by the South Carolina
Budget and Control Board with respect
to procurements under the South Carolina
Procurement Code. |
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Relationship
with End Users. The Procurement
Officer and Buyers shall maintain a
close and cooperative relationship
with the end user. The Procurement
Officer or Buyers shall afford each
end-user reasonable opportunity to
participate in and make recommendations
with respect to procurement matters
affecting the District.Advisory
Groups. The Procurement Officer
or Buyers may appoint advisory groups
such as user committees to assist with
respect to specifications and procurement
in specific areas and with respect
to any other matters within the authority
of the Procurement Officer or Buyers.
The Procurement Officer and Buyers
shall develop methods for obtaining
necessary and relevant information,
whether through user committees or
by surveys and other methods. The Procurement
Officer and Buyers shall make every
reasonable effort to ensure that such
contracts are developed as will best
suit the interest of the District,
giving due emphasis to user needs,
total costs and open competitive methods
of public purchasing.
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Professional
Development. The Procurement Officer
shall develop and implement an organized
professional development program for
purchasing personnel. These activities
should be correlated when possible
with the District program of staff
development.
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| 1.
Certification |
a. |
Authority. The
Board may assign differential dollar
limits below which the Procurement
Officer and Buyers may make direct
procurements not under term contracts. |
b. |
Policy. Authorizations
granted by the Board to the Superintendent
are subject to the following:
(1)
adherence to the provisions
of this Code and the ensuing
regulations, particularly concerning
competitive procurement methods;(2)
responsiveness to user needs;
(3)
obtaining of the best prices
for value received.
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c. |
Adherence
to Provisions of the Code. All
procurements shall be subject to
the appropriate provisions of this
Code, especially regarding competitive
procurement methods and nonrestrictive
specifications. |
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| 2.
Collection of Data Concerning
Public Procurement. |
The
Procurement Officer shall prepare
statistical data concerning the procurement
use and disposition of supplies,
services and equipment. The Procurement
Officer shall prescribe forms to
be used by the end users in requisitioning
of supplies, equipment and services.
The Procurement Officer shall limit
requests for information to those
items necessary for the effective
operation of the purchasing system,
but end users shall be required to
provide information if requested.
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| 3.
Auditing and Fiscal Reporting. |
The
General Auditor through consultation
with the Procurement Officer shall
develop written plans for the auditing
of procurements. The District's
procurement records will be audited
in accordance with the requirements
of S.C.Code Ann.§ 11-35-70
(Cum. Supp. 2000), as revised from
time to time, to determine compliance
with this Code.
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| 7.
Authority to Contract for Certain
Professional Services. |
For
the purpose of procuring any professional
services not included in the purchasing
authority of this Code and the ensuing
regulations, where the person employed
is customarily employed on a fee
basis rather than by competitive
bidding, the District may contract
for such services, subject to this
Code and regulations.
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