Of Vendors and School Districts
Shawn Eubanks, an associate at Boykin & Davis, LLCProcurement is a process by which a governmental entity publishes a need for goods or services, and businesses respond with offers to fulfill those needs. The process exists to ensure that government entities get the best price and the most efficient work, while giving fair consideration to interested businesses.
Public school districts’ procurement codes and policies vary based on the amount the district spends yearly. These policies are usually available online, but you can also request a copy of the applicable policies from the district’s main office. Larger school districts’ procedures are typically modeled upon the South Carolina Consolidated Procurement Code, located in Title 11, Chapter 35 of the South Carolina Code of Laws. Smaller and medium-sized school districts may have different procedures, as allowed by law; typically, though, their policies are similar to those of larger districts.
When a school district solicits bids or information from businesses, those solicitations must be publicized. They can usually be found in a newsletter called South Carolina Business Opportunities, which is published by the State Materials Management Office and is available online. This publication is posted twice a week, and only posts new solicitations, so you will want to check older issues as well for solicitations that might still be open. Often the solicitations are also published on the school district’s website. The solicitations are generally organized by type, and contain a description of the goods or services needed, as well as the contact person for the district, and the due date for responses.
School districts usually solicit vendors using one of the following types of solicitations: (1) an Invitation for Bids, in which competitive pricing is the board’s main consideration; (2) a Request for Proposals, in which the board will consider factors other than pricing, and states those factors in its request; or (3) a Request for Qualifications, in which prospective bidders set forth their qualifications, experience, and ability to perform the work desired. If a district issues either of the first two solicitations, a purchase is imminent (assuming the Invitation for Bids or Request for Proposal is not cancelled in the process). However, if a school district issues a Request for Qualifications, it will rank the vendors who respond and then solicit proposals from at least the top two vendors.
Preparing a response for submission to a school district can be time consuming and expensive, so it is important to read the solicitation carefully and call the contact person at the district if you have questions.
Once the vendors’ responses are submitted, the school board will review the proposals and make a selection, also known as an award. The board will issue a Notice of Award or Notice of Intent to Award naming the vendor whose bid was selected. The board’s decision is generally subject to protest for ten days following the Notice of Award (unless otherwise provided in the district’s policy).
There are several exceptions for which a school district is not required to follow the procurement procedure, many of which can be found in S.C. Code Section 11-35-710. Keep in mind, however, that while your business’s product or service may be technically exempt from the procurement process, a school district may still choose to publish a solicitation for competitive pricing or other considerations.
As with most public matters, the procurement process is complicated, and can be daunting to any business owner. However, with a little background research, you may find that school districts and other governmental entities and agencies offer an entirely new market for your business.
Shawn Eubanks is an associate at the Boykin & Davis, LLC. His primary practice areas are school law, higher education law, local government law, and insurance defense litigation.
Boykin & Davis, LLC provides quality legal services to school districts, institutions of higher education, governmental entities, and other non-profit service organizations. We are a full-service firm, with experience in all areas of school and local government law, employment matters, litigation, bankruptcy, and workers’ compensation defense.
