Book: D

Section: Fiscal Management

Title: Purchasing

Code: DJ

Status: Active

Adopted: February 6, 1984

Last Revised: November 15, 2022
 

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PURCHASING

I. Authority. Pursuant to Section 1001(1) of Title 20-A of the Maine Revised Statutes, as amended, the Portland Board of Public Education shall adopt all policies that govern Portland Public Schools. Pursuant to Article III, Section 4, of the Portland City Charter, the Board shall have the authority and responsibility to ensure the sound fiscal management of the Portland Public Schools in accordance with Maine law.

II. Policy and Procedures. To ensure that all purchases are made at the best price available, allowing for open and fair competition, it is the policy of the Board of Education that Portland Public Schools comply with the procedures set forth in Article VII, Division 2 of the City of Portland Code of Ordinances (Competitive Process for Contracts) and the City of Portland Purchasing Policy, Administrative Regulation No. 10 (Dec. 7, 2015) (individually and collectively, the “City rules”), subject to state law and the provisions set forth herein.

When applied to procurement for Portland Public Schools, all references in the City rules to the City Council shall mean the Board of Education, all references to the City Manager shall mean the Superintendent, and all references to the Finance Director shall mean the Executive Director of Budget and Finance of Portland Public Schools. All other references in the City rules to City departments or City directors, officers, agents or personnel shall mean the functionally similar Portland Public Schools departments or Portland Public Schools directors, officers, agents or personnel.

In addition to the exceptions to the required competitive process enumerated in the City rules, the

following procurements for Portland Public Schools are exempt from the competitive process:

1. State or Federally Mandated Procurement Process. Procurement related to projects, equipment, materials or services that are subject to state or federal procurement laws, rules or regulations (including, but not limited to, architect/engineering services and school building construction, major alteration or repair pursuant to 5 M.R.S. § 1743-A; procurement of insurance pursuant to 20-A M.R.S. § 1001(14); energy conservation improvements pursuant to 20-A M.R.S. § 15915; and temporary borrowing for state subsidized school construction projects pursuant to Maine Department of Education Rules, 05-071 C.M.R. ch. 61, § 11); or
2. Curriculum Materials. Procurement of curriculum materials (including, but not limited to, computer equipment, software and textbooks).

III. Procurement Methods for Federally Funded Projects. The Superintendent, or the Superintendent’s designee, shall be responsible for developing, updating as necessary, and implementing a written administrative procedures manual (hereafter, the “Federal Procurement Manual”) to govern the procurement and purchase of property, goods and service using any federal award that is subject to the Uniform Grant Guidance, codified at 2 C.F.R. part 200 (“UGG Federal Award”). The Federal Procurement Manual shall be consistent with all applicable federal laws and rules.

Notwithstanding any policy provision to the contrary, the procurement and purchase of property, goods, and services using a UGG Federal Award, in whole or in part, must comply with the Federal Procurement Manual. Whenever this policy or any of the Portland Public Schools’ administrative procedures are inconsistent with federal laws or rules, the provisions of the federal laws or rules shall control.

For the purpose of this policy, a “federal award” means any federal financial assistance (including cost-reimbursement contracts) that Portland Public Schools receives either directly from a federal agency or indirectly from a pass-through entity such as the Maine Department of Education. Most, but not all, federal awards received by Portland Public Schools are subject to the Uniform Grant Guidance. To confirm whether a federal award is subject to the Uniform Grant Guidance, the terms and conditions of the applicable grant agreement or cooperative agreement and the applicability provisions of the Uniform Grant Guidance, codified at 2 C.F.R. § 200.101, should be reviewed.  

Reference: 34 C.F.R. parts 74 and 80 (Education Department General Administrative Regulations (“EDGAR”)) (for federal awards made prior to 12/26/2014)

2 C.F.R. part 200 (Uniform Administrative Requirements) (for federal awards made on or after 12/26/2014)

Adopted: February 6, 1984

Revised: August 26, 1992; October 1, 2003; November 15, 2016; November 15, 2022

 

 

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