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Adoption Date: 9/1/2012
Regulations - Regulations


5410R PURCHASING: VENDOR BUSINESS GUIDELINES

1)    Vendor, as defined for this regulation, includes any business, organization, or individual doing business   with  the   School   District;  any  of  its  organizations,   or  employees;   and  student organizations, approved to operate within the policies and regulations of the School District.

 

2)     The Board shall not enter into contracts with vendors and/or sales representatives in which an individual Board member, school official or employee is in a position to benefit personally from the  exercise  of  his/her  official  authority  with  respect  to  that  contract.  Any  violation  of  this regulation would bar the vendor from doing business with the District.

 

3)     For vendors of instructional materials, preference will be given to vendors who agree to provide materials  in  alternative  formats  (i.e.,  any  medium  or  format,  other  than  a  traditional  print textbook, for presentation  of instructional  materials that is needed as an accommodation  for a student with a disability). Alternative formats include, but are not limited to, Braille, large print, open and closed captioned, audio or an electronic file in an approved format as defined in Commissioner's Regulations.

 

4)      Apparel and Sports Equipment Purchases

 

Competitive Bidding Purchases

 

The Board of Education will only accept bids from "responsible bidders."  A determination that a bidder on a contract for the purchase of apparel or sports equipment is not a "responsible bidder" shall be based upon either or both of the following considerations:

 

a.                   The  labor  standards  applicable  to  the  manufacture  of the  apparel  or  sports  equipment, including but not limited to employee compensation,working conditions, employee rights to form unions, and the use of child labor; or

 

b.       The  bidder's  failure  to  provide  information  sufficient  for  the  Board  of  Education  to determine  the  labor  standards  applicable  to  the  manufacture  of  the  apparel  or  sports equipment.

 

Non-Competitive Bidding Purchases

 

The  Board's  internal  policies  and  procedures  governing   procurement  of  apparel  or  sports equipment, where such procurement is not required to be made pursuant to competitive bidding requirements, shall prohibit the purchase of apparel or sports equipment from any vendor based upon either or both of the following considerations:

a.                   The labor standards applicable to the manufacture of the apparel or sports equipment, including but not limited to employee compensation, working conditions, employee rights to form unions, and the use of child labor; or

 

b.      The  bidder's failure  to  provide information sufficient for  the  Board  of  Education to determine the labor standards applicable to the manufacture of the apparel or sports equipment.

 

5)      The Business Office shall develop, maintain, and upon request provide the names of potential vendors for various types of materials, equipment, and supplies to schools and organizations.

 

6)      All staff and students will comply with the School District's procedures and applicable state law.

Any  building, department, program, or organization shall  obtain  quotations if  required by

District procedures.

 

7)     School facilities may be used by an outside or private vendor when such use satisfies a legitimate school purpose. Such practice may be authorized only upon:

 

a.       Approval of the Superintendent and Board of Education,

 

b.      The full and equal opportunity for all approved prospective vendors to compete, c.   The involvement of students in the process, and

d.      Students are not compelled to use a designated vendor.

 

District Plan Regarding Alternative Formats for Instructional Materials

 

As required by federal law and New York State Regulations, the District has adopted the National Instructional Materials Accessibility Standard (NIMAS) to ensure that curriculum materials are available in a usable alternative format for students with disabilities. Each school district has the option of participating in the National Instructional Materials Access Center (NIMAC). Whether a district does or does not participate in NIMAC, the district will be responsible to ensure that each student who requires instructional materials in an alternate format will receive it in a timely manner and in a format that meets NIMAS standards (8 NYCRR Section 200.2(b)(l0)). The NYS Education Department (NYSED) recommends that school districts choose to participate in NIMAC, because this national effort to centralize the distribution of instructional materials in alternate formats will help guarantee timely provision of such materials to students.

For school districts, Boards of Cooperative Educational Services (BOCES), State-operated schools, State-supported schools and approved private schools that choose to participate in NIMAC, contracts with publishers executed on and after December 3, 2006 for textbooks and other printed core materials  mustinclude a provision that requires the publisher to produce NIMAS files and send them to the NIMAC (this will not add any cost to the contract).

 

For more information regarding NIMAC including model contract language, Steps for Coordinating with NIMAC and an IDEA Part B Assurances Application, see website: http://www.vesid.nysed.govIspecialed/publications/persprep/NIMAS.pdf

 

The District will establish a plan to ensure that instructional materials in a usable alternative format for each student with a disability (including students requiring Section 504 Accommodation Plans) are based upon the student's educational needs and course selections, and will be available at the same time as such instructional materials are available to non-disabled students.

 

"Alternative format" is defined as any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a student with a disability enrolled in the School District, including but not limited to Braille, large print, open and closed captioned,audio, or an electronic file. Anelectronic file must be compatible with at least one alternative format conversion software program that is appropriate to meet the needs of the individual student.

 

The Plan shall:

 

1)    Ensure that the District gives a preference in the purchase of instructional materials it has selected for its students to those vendors who agree to provide such instructional materials in alternative formats;

 

2)     Specify, when an electronic file is provided, how the format will be accessed by students and/or how the District will convert to an accessible format;

 

3)     Specify the process to be used when ordering materials to identify the needs of students with disabilities residing in the District for alternative format materials;

 

4)     Specify ordering timelines to ensure that alternative format materials are available at the same time as regular format materials are available; and

 

5)     Include procedures so that when students with disabilities move into the School District during the school year, the process to obtain needed materials in alternative formats for such students is initiated without delay.