General Procurement Standards for Federal Awards 
 

Contractor Oversight 
 

RISE Charter School shall maintain oversight to ensure that its contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. 
 

Substitutions and Deviations 
 
Any time an accepted item is not available, the Executive Director or their designee will select an acceptable alternate. The contractor must inform the Executive Director or their designee when such an item is not available by one business day before delivery of the item is expected. In the event a non-domestic agricultural product is to be provided to the School, the contractor must obtain written approval of the product in advance. The Executive Director or their designee must comply with the Buy American Provision. 
 

Conflict of Interest 
 

The following standards of conduct define conflicts of interest and shall govern the performance of employees engaged in the selection, award, and administration of contracts: 
 

1. No RISE Charter School employee, officer, agent, or Board Member may participate in the selection, award, or administration of a contract supported by a Federal award if they have a real or apparent conflict of interest. Such a conflict of interest is present when the employee, officer, or agent, any member of their immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm or person considered for a contract. 

2. RISE Charter School officers, employees, and agents of the non-federal entity must neither solicit nor accept gratuities, favors, nor any service or item exceeding $50 in value from any contractors or subcontractor. Any RISE Charter School employee, who solicits any gift, or who accepts an unsolicited gift with a value exceeding $50, shall be subject to disciplinary action up to and including termination. Any RISE Charter School officer or agent found to have violated these standards shall be immediately terminated or separated from RISE Charter School service. 

3. Any subrecipient of the Charter School that is not a state, local government, or Indian tribe sha l also maintain written standards of conduct covering organizational conflicts of interest. For the purposes of this policy, organizational conflicts of interest are when a recipient or subrecipient is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization due to relationships with a parent company, affiliate, or subsidiary organization. 

Efficient Purchases 
 

RISE Charter School shall use all resources and assets effectively and efficiently. Accordingly, prior to any purchase request, the requestor shall evaluate the need for the item and shall ensure that the acquisition of unnecessary or duplicative items is avoided. In addition to the previous requirements, whenever feasible, consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Finally, where appropriate, an analysis will be made of lease versus purchase alternatives, and any similar analysis of alternatives to determine the most economical approach. 
 

1. To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the federal government, RISE Charter School shall endeavor to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. 

2. RISE Charter School shall endeavor to use federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. 

3. RISE Charter School shall endeavor to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. 

4. RISE Charter School shall award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration shall be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. 

5. RISE Charter School may use time and material type contracts only after a determination that no other contract is suitable and if the contract includes a ceiling price, that the contractor exceeds at its own risk. Time and material type contract means a contract whose cost to RISE Charter School is the sum of: 

        a.     The actual cost of materials; and 

        b.     Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. 
 

This formula generates an open-ended contract price, a time-and materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract shall set a ceiling price that the contractor exceeds at its own risk. Further, RISE Charter School shall assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. 
 

6. RISE Charter School alone shall be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve RISE Charter School of any contractual responsibilities under its contracts. Violations of law shall be referred to the local, state, or federal authority that has proper jurisdiction. 
    

 Recordkeeping 
 
RISE Charter School shall retain all books, records and other documents related to any contract agreement for three years after final payment, and the contractor shall also be required to retain such records during that time. During that period, such records shall be provided in full upon request to the School, the State Department of Education, or to USDA auditors. The documents to be retained by the School shall include at least the following:   
 

1. A written rationale for the method of procurement; 
2. A copy of the original solicitation; 
3. The selection of contract type; 
4. The bidding and negotiation history and working papers; 
5. Contractor selection or rejection and the basis for contractor selection; 
6. Approval from the State agency to support a lack of competition when competitive bids or offers are not obtained; 
7. The basis for award cost or price; 
8. The terms and conditions of the contract; 
9. Any changes to the contract and negotiation history; 
10. Billing and payment records; 
11. A history of any contractor claims; 
12. A history of any contractor breaches;  
13. A record of the date, time, and location of the public opening of any bids or proposals; 
14. Copies of all letters informing parties that submitted bids or proposals that the contract has or has not been awarded to them; and 
15. Copies of any advertisements for solicitations of goods or services. 
     

All invitations for bids, requests for proposals, and requests for quotations shall also be signed by the authorized purchaser and kept with appropriate documentation. The authorized purchaser shall be the Executive Director or designee.  
 
The Executive Director or designee shall maintain records of all non-competitive negotiation purchases, including at least the following:   

1. The name of the item purchased; 
2. The dollar amount; 
3. The vendor or contractor, and 
4. The reason non-competitive procurement was used. 
    

Termination for Cause or Convenience 
 
For all contracts over $10,000, the School shall include a description of how the contract can be terminated for cause or convenience and the basis for settlement when such termination occurs.  
 
Price Adjustment 
 
The School shall contemplate not only the need for including an economic price adjustment clause (sometimes referred to as an escalator) in their contracts, but also to carefully enforce the terms of the clause and demand price reductions when appropriate. 
 
If the following conditions are met, a contract with an economic price adjustment is appropriate and the School may, at its own discretion, include an economic price adjustment clause—or escalator—in their contracts:
  

1. Contract performance will or may cover an extended period of time; 
2. There is serious doubt about the stability of market conditions during the period of the contract; 
3. Adjustment standards or indices agreed to are based on contingencies outside the contractor’s control; and 
4. Contingencies, such as increases in labor costs, that would otherwise be included in the contract price can be identified and covered separately in the contract. 
    

The escalator shall be tied to an appropriate standard or cost index, which shall be noted in the original solicitation of bids as well as the contract documents. 
 
The School shall monitor any elevators included in their contracts to ensure the price is decreased if appropriate and shall respond to contractor notice of warranted price increases.  
 
Construction Contracts ($2,000 or More) 
 
Contractors for any construction contract of $2,000 or more shall comply with the Davis-Bacon Act and its related administrative rules set out in 29 CFR Part 5. This includes requirements related to contract language, wages, and fringe benefits.  
 
Byrd Anti-Lobbying Certificate ($100,000 or More) 
 
Any contractor providing a bid on a contract of $100,000 or more shall file a Byrd anti-lobbying certificate verifying to the School that they will not and have not used federal funds to pay a person or organization to influence or attempt to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. 1352. The contractor shall disclose any lobbying they have engaged in in connection with obtaining any Federal award using non-federal funds. The School shall relay these disclosures to the State Department of Education. 
 
Clean Air Act Requirements ($150,000 or More) 
 
Contractors shall comply with all applicable standards, orders, and requirements issued under Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and Environmental Protection Agency regulations that prohibit the use of facilities on the EPA's list of Violating Facilities, unless the applicable contract, grant, or loan is exempt from these requirements. The School shall report any known violation of this requirement to the State Department of Education and the USEPA Assistance Administrator for Enforcement.   

Cross References 

Legal Reference:          

2 C.F.R. § 200.318  General Procurement Standards 
 

Policy History: 

Adopted on: December 13, 2021 

Revised on: March 16, 2026, June 29, 2026 

Reviewed on: