Business & Finance

Each solicitation and its official documents are posted on the StillwaterSchools.org website as well as on Public Purchase. Proposers are encouraged to check these sites prior to the submission due date to be informed of any addenda. Failure to do so may result in an offer rejection. 

All invitations to bid posted online include: 

1. Date, time, and place (electronically on Public Purchase) the bid is due
2. General requirements and conditions
3. Detailed specifications
4. Pre-bid/proposal meetings
   1. If pre-bid/proposal meetings are part of the process, they may be mandatory
   2. These are opportunities to discuss the specifications and ask any necessary questions to fully prepare the bid/proposal

Bid/Proposal Basics

• Bids must be delivered according to instructions
• Late bids are not accepted
• Submissions delivered via email, fax, or in-person are not accepted. Only electronic submissions via Public Purchase are accepted
• Brand names and model numbers may be utilized in the bid specifications as a way of communicating the district's minimal requirements
  • This should not prevent the use of alternates, however, all deviations must be stated in the bid document or the bidder is required to supply the item completely as specified
  • All alternations must meet or exceed the specifications of any examples

Questions
All questions pertaining to specific solicitations must be presented in accordance with the bid specifications. This is via Public Purchase by accessing the specific solicitation event. This ensures that all vendors receive the same information. ISD#834 is not responsible for information provided by other departments or contractors. The official specifications are contained on the event posting. 

For construction bids, all questions or requests for plans, specifications, or clarification need to be submitted to the A&E firm managing that project. 

Offer Evaluation
It is the intent of the Finance Department to obtain the best quality materials at the lowest prices possible, as allowed by Minnesota Statutes Section 123B.52 and Section 16C.28. Solicitation evaluation is done either using an evaluation rubric (RFP) or award on the basis of the lowest, responsive, responsible response (ITB). 

Award Notification
The Finance Department, or CMa firm for large construction projects, issues all official award notifications. Award notifications from any other department or staff member of the District may not provide correct information and are not considered official. 

Requesting Data from Awarded Solicitation Events
You can find specific details and corresponding procedure for requesting public data by reaching the District's Communication Department website. Requests for data should follow those procedures to ensure proper processing. 

Invoices and Payment Terms
By law, the District has 35 days after receipt of an invoice to present payment. It is the intent of the District to pay all invoices as promptly as possible, however by accepting a contract or purchase order, all parties are agreed to the 35-day payment policy. All invoices must be submitted to the Accounts Payable Department. 

Successful Bidders must submit a Certificate of Insurance after Award
Please see the Purchasing Terms and Conditions for more information on the standard insurance requirements of the District. Specific requirements are contained in the resulting contract for the solicitation. 

Bonding and Insurance Requirements for Contracted Services
All vendors submitting proposals for contracted service work must comply with the requirements contained in the solicitation. Offers that do not comply with these requirements will not be considered.

Bonding requirements if Construction is Involved
Submissions of a bid in excess of $175,000 requires proof of bid security at the time of bid. Bid security, in the amount of no less than 5% of the total maximum bid amount, payable with recourse to ISD#834 - Stillwater Area Public Schools. Electronic submission of bid bonds or cashier's check are required with bid via Public Purchase. The original cashier's check must be delivered within three business days of the bid closing or postmarked on or before the bid opening date. A bid bond must be from a reliable surety company licensed to do business in the State of Minnesota. 

Upon the award and execution of a contract, vendors must provide payment and performance bonds on any or all projects valued at $175,000 or above. ISD#834 - Stillwater Area Public Schools reserves the right to require bonds at lower values for any project that they determine a lower threshold to be in the best interest of the district. 

Solicitation, Bid, and Contract Protest Procedures for ISD#834 - Stillwater Area Public Schools

Purpose 
These procedures are to assist the District in settling protests arising out of the procurement process. In this context a “bid protest” refers to any type of contract and may include a small purchase, competitive proposals, or a sealed bid, either before or after award.  An “Interested Party” may request a bid protest.  An Interested Party is an actual or prospective bidder whose direct economic interest would be affected by the award of the contract.

Solicitation or Bid Protest
An Interested Party may protest the solicitation or award of solicitation for serious violations of relevant procurement principles.  To be considered, the District must receive a protest against a solicitation in writing prior to the due date for the receipt of the bid or proposal. 

All protests must be in writing and the District must receive the protest by 4 p.m. local time on the fifth business day of the issuance of the solicitation or due date (whichever is less). If the fifth day is not a business day, the next business day is considered the fifth day. Protests shall be mailed or hand delivered to: 

Bid Protest
Finance Department
1875 Greeley Street South
Stillwater, MN  55082

Or emailed to: rfx@stillwaterschools.org with the subject line clearly stating BID PROTEST

Contractor Claims after Bid or Contract Award
A contractor who is performing services and has a claim relating to the performance of a contract after the contract award, must submit the claim in writing within five days of the award of the bid or contract. For a bid or contract that is under $175,000, the date of award would be the issuance of a District purchase order. For a bid or contract in excess of $175,000, the date of award would be the date the award was approved by the School Board at a public school board meeting.

Designation of Protest Officials and Written Decision
An Interested Party shall submit all protests to the Assistant Director of Finance (at the address listed above). The District then issues a written decision letter on a protest within 10 business days of receipt of the protest. 

Content of Protest
The Protest shall clearly state the basis for the protest and shall include: 

1. Name, address, and phone number of the protestor
2. Solicitation number and project title
3. A detailed statement of the basis of for the protest
4. Supporting evidence of documents to substantiate any arguments
5. Specific citations to relevant law, regulation and policy
6. The form of relief requested

Remedies
The District has the sole discretion to suspend the procurement activity, cancel, or revise the solicitation or proposed contract award, terminate the contract for convenience, or re-solicit the procurement. The District may let an award stand in case of emergency, serious disruption to District operations, or where there is an unusual or compelling need for the procurement.

Appeal from a Protest Decision
The decision is final unless the District receives a request for an appeal within five business days of the rejection of a protest. The appeal must be received by 4 p.m. on the fifth business day. Protests must be mailed or hand delivered to:

Bid Protest Appeal
Finance Department
1875 Greeley Street South
Stillwater, MN  55082

Or emailed to: rfx@stillwaterschools.org with the subject line clearly stating BID PROTEST APPEAL

Within 10 business days of receipt of the appeal, the District’s Chief Financial Officer or designee issues a written decision or a letter extending the 10 days. The appeal decision is the District’s final determination.

The following provisions are made part of the purchase order contract, and vendor by acceptance of an order agrees thereto: 

• The District is not liable for goods or services furnished without a valid purchase order signed by an individual granted signature authority by the School Board.

• Detailed invoices must be mailed directly to Accounts Payable: 1875 Greeley Street South, Stillwater, Minnesota, 55082 or emailed to accountspayable@stillwaterschools.org. 
• All correspondence, including but not limited to, shipping labels, invoices, and packing lists must clearly indicate the District purchase order number.
• No alternation of any of the terms, conditions, delivery, price, quantities, or specifications of this order will be effective without prior written consent of the Finance Department – preferably via a revised purchase order.
• Attached lists of materials, specifications, or drawings shall form part of this purchase order where references is made thereto.
• Payment period begins upon receipt of invoice, date product/goods/services are received in good order, or date any applicable discrepancy is resolved, whichever is later. Approved invoices will be paid 35 days after the above condition has been met.  (MN Statute 471.425).
• Vendors must supply right-to-know information appropriate to this order for OSHA compliance and that any shipment of hazardous materials shall comply with all federal and state regulations and be accompanied by a current material safety data sheet (MSDS).
• The District is exempt from Minnesota State sales tax. Exemption certificate can be furnished upon request.
• By accepting this purchase order, vendors comply that they are neither suspended nor debarred from doing business with the Federal Government.
• If the vendor is unable to fulfill the purchase order under the terms and conditions of this purchase order, the District reserves the right to cancel the order in part or whole and purchase the merchandise on the open market.
• All items and services provided by the vendor must comply in quality, type of materials and methods of manufacture with all applicable local, state, and federal laws pertaining thereof.
• All products delivered will be in class "A" quality, with a 100% satisfaction guarantee. The District is not responsible for any costs related to the delivery of unacceptable or defective items. Should the merchandise be delivered in an unacceptable condition, the District requires the Vendor to provide a return authorization and replacement for the merchandise, in a timely manner.
• The Vendor warrants that the merchandise conforms to the District's description and any applicable specifications shall be of good merchantable quality, free from any defects and fit for the known purpose for which it is sold. This warranty is in addition to any standard warranty or service guarantee given by the Vendor to the District or any warranty provided by law.
• All merchandise shall be delivered to the District address (as indicated on the Purchase Order), during business hours, 8:00 a.m. to 2:00 p.m. Local Time, Monday through Friday, excluding District holidays. Merchandise delivered in packages, cartons or crates are accepted only with the guarantee that upon the removal from such packaging, they are found in first class condition without any defect or they must be removed and replaced without additional charge to the District.
• The vendor agrees to indemnify the District and hold it harmless from and against all liability, loss and expense (including legal fees) for all damages and/or bodily injuries (including death) resulting from the actions, errors, omissions or negligence of the Seller, its directors, officers, employees, agents, contractors or subcontractors, including, but not limited to, any defect in material, any defect in services, workmanship, design of any goods furnished, patent and/or copyright infringements or violations, and/or failure to follow or abide by any and all governing laws, ordinances, codes and regulations.
• Non-appropriation, the District reasonably believes that budgeted funds will be obtained sufficient to make all payments. Continuation of any agreements beyond June 30 of any year is contingent upon appropriation of budgeted funds for payment of that contract. In the event that adequate funds are not so appropriated, the District shall notify the vendor as soon as possible prior to the necessary cancellation and no penalty in any form shall be levied against the District because cancellation of any part or all of the equipment required by failure of appropriation.
• Performance of this order and all other matters pertaining thereto shall be governed by the laws of the Commonwealth of Minnesota.
• The legal venue for any and all claims or other legal matters pertaining to the performance of this order shall be the local courts for the County of Washington, Minnesota.
• Any Vendor who may have contact with District students as a result of providing goods or services must complete, at the Vendor’s expense, a criminal background check prior to any contact. 
• Any Vendor providing services or repairs on District property must have minimum insurance in place prior to providing services.  Vendors must supply certificates of insurance upon request of the District demonstrating coverage in place prior to commencement of service or repairs. 
• General Commercial Liability - $1,000,000 per occurrence, $2,000,000 general aggregate, $2,000,000 products & completed operations aggregate, $300,000 damage to rented premises each occurrence, $1,000,000 personal injury.
• Commercial Automobile Liability (if company vehicle is utilized in delivery of services) - $1,000,000 combined single occurrence.
• Workers’ Compensation - as required by statute

Open Advertised Bids and Requests for Proposals

There are no open Requests for Proposals (RFP) at this time. 

Any future requests will be listed below with more information on Public Purchase.

Ethical Principles for Purchasing and Contracting

The District recognizes purchasing as a profession and subscribes to the standards and expectations of the National Institute of Governmental Purchasing Code of Ethics. 

Public Purpose
As District funding comes from the public, purchases and expenses for any program, school, or department must meet the criteria for public purchase. This is also known as public expenditures. 

The Minnesota Public Purpose Doctrine describes the state of Minnesota's legal position on the use of public funds, citing relevant case law related to this issue.