https://www.americancityandcounty.com/wp-content/themes/acc_child/assets/images/logo/footer-logo.png
  • Home
  • Co-op Solutions
  • Hybrid Work
  • Commentaries
  • News
  • In-Depth
  • Multimedia
    • Back
    • Podcast
  • Resources & Events
    • Back
    • Resources
    • Webinars
    • White Papers
    • IWCE 2022
    • How to Contribute
    • Municipal Cost Index – Archive
    • Equipment Watch Page
    • American City & County Awards
  • About Us
    • Back
    • About Us
    • Contact Us
    • Advertise
    • Privacy Statement
    • Terms of Service
American City and County
  • NEWSLETTER
  • Home
  • Co-op Solutions
  • Hybrid Work
  • Commentaries
  • News
  • In-Depth
  • Multimedia
    • Back
    • Podcasts
  • Resources/Events
    • Back
    • Webinars
    • White Papers/eBooks
    • IWCE 2022
    • How to Contribute
    • American City & County Awards
    • Municipal Cost Index
    • Equipment Watch Page
  • About Us
    • Back
    • About Us
    • Contact Us
    • Advertise
    • Cookie Policy
    • Privacy Stament
    • Terms of Service
  • newsletter
  • Administration
  • Economy & Finance
  • Procurement
  • Public Safety
  • Public Works & Utilities
  • Smart Cities & Technology
  • Magazine
acc.com

Procurement


Article

The Textbook Purchasing Gauntlet

The Textbook Purchasing Gauntlet

Are you surprised that textbooks are a difficult purchase involving significant hurdles?
  • Written by Laura Harrington
  • 1st May 2018

Are you surprised that textbooks are a difficult purchase involving significant hurdles? In Michigan K-12 public education, competitive Invitations to Bid (ITB) are required by law whenever the contract for construction, renovation, repair, or remodeling; or the purchase of supplies, materials or equipment exceeds $23,417 (2017 minimum threshold amount). This threshold amount may increase annually based on adjustments in the Consumer Price Index.

Textbooks are considered materials and need to be competitively bid whenever the purchase exceeds the threshold amount. Sounds simple, right? The ITB is a straightforward process, requiring unit prices for specific quantities to identified school buildings. Each item is individually listed; whether it is a hard cover textbook, soft cover consumable, or software subscription. There are even more opportunities for bidders by providing pricing on both used and new condition textbooks. Boilerplate language includes, among other things, the district’s exhaustive reservation of rights.

Pilot Program Hurdle
This simple purchase becomes complicated. The first hurdle occurs when curriculum classroom leaders evaluate the textbook in a pilot program offered by the publisher. This program is a free test to evaluate a new program in the classroom from November – March. Curriculum leaders then choose whether or not to approve the program. Sounds great, right? Except…the publisher may require brand-new condition on all returned materials, and charge the district for all shipping charges.

The second hurdle occurs when the publishing company convinces the Educational Services Department that they are sole source and the department simply needs to send them a purchase order for the entire cost. Sometimes the publisher ties in the free pilot program to a requirement that the district must exclusively purchase from them for a number of years.
The Purchasing Department becomes aware of this procurement after the department has typed a purchase order that well exceeds the bid threshold amount. Note that the State of Michigan does not allow sole source as an exception from the competitive bid requirement. The Purchasing Department is seemingly arbitrarily delaying the purchase of materials that are needed to help educate students. Since the publisher told the department that these materials can only be purchased from them, why is the Purchasing Department holding the order?

After many conversations, the ITB is quickly issued and bids are publicly received from numerous companies. Remember the publisher said that they are sole source for this material. Low bid is recommended for every item, with the publisher commonly awarded the software subscriptions, and resellers awarded the remaining materials. The Board approves the recommendation, purchase orders are sent, products are delivered, invoices are paid, state law has been followed and the district saved 20-50 percent in the process. We have overcome the hurdles!

Deactivate Software Subscription Hurdle
The final significant hurdle occurs, however, when the publisher deactivates our paid software subscriptions at the start of the school year. The publisher’s rationale being that the district violated the pilot agreement to purchase all materials from them for many years, and that they will only reactivate the subscriptions when we purchase all the hard copy materials from them. This deactivation significantly affects both teachers and students since these subscriptions include assessment, review and testing tools that go beyond the standard textbook.
The Purchasing Department now learns about the obscure pilot material agreement that a teacher may have unknowingly agreed to without authority nine months ago. The district never receives a copy of the signed pilot agreement.

The Purchasing Department reminds the publisher that they signed and submitted ITB pricing on these items without clarifications nor exceptions, and without referencing any prior agreement. Furthermore, the publisher did not protest the bid award nor question the purchase order. The publisher sent itemized invoices that corresponded to their bid submission, and deposited the district’s payment. Lastly, the publisher is reminded that tie agreements are illegal, and the district will not be party to any such request.

The software subscriptions are reactivated, solving the last hurdle for this procurement…until the department surprises me with a new textbook program.

Laura Harrington, CPPO, CPPB, is Purchasing & Risk Management Supervisor at Chippewa Valley Schools in Clinton Township, MI, [email protected]

_____________

To get connected and stay up-to-date with similar content from American City & County:
Like us on Facebook

Follow us on Twitter
Watch us on YouTube

Tags: Procurement Article

Most Recent


  • infrastructure
    Infrastructure improvements in cities often feature clean energy or connected technologies
    The most in-demand products and services in local governments fall into three interconnected buckets, says Matthew Britt, general manager of smart cities at Honeywell. The buckets, he says, are urban mobility, sustainability and resilience, and public safety. “Urban mobility begins with road infrastructure and understanding how to move people around cities more effectively and sustainably. […]
  • sustainable
    Sustainable Purchasing Leadership Council can help governments get up to speed on sustainable buys
    The non-profit Sustainable Purchasing Leadership Council (SPLC) has more than 180 organizational members with more than $300 billion in collective purchasing power. The SPLC’s procurement membership is nearly half public procurement entities, says Sarah O’Brien, the group’s CEO. “That sets us apart from many consulting and advisory groups. We have worked closely with a diverse […]
  • Amazon Business
    Amazon Business caters to the public sector with technology-driven features and benefits
    No question, the public sector relies on Amazon Business as a key supplier. “Yes, local governments are good customer prospects for Amazon offerings,” says Mike Kernish, director and general manager, public sector at Amazon Business. He offers this statistic: “Amazon Business currently works with over 90 of the top 100 most populous local governments and […]
  • EV chargers
    Cities steadily adding more EV chargers for public to use
    Local governments are making headway as they develop their electric vehicle (EV) infrastructure. “Progress varies depending on what stage governments are at in the electrification strategy and funding availability,” says Brandon Branham, assistant city manager and chief technology officer for Peachtree Corners, Ga., which is part of the Atlanta metro. Its 2022 population is estimated […]

Leave a comment Cancel reply

-or-

Log in with your American City and County account

Alternatively, post a comment by completing the form below:

Your email address will not be published. Required fields are marked *

Related Content

  • Amazon Business releases first B2B ecommerce report, highlighting e-procurement
  • Public procurement can be transformative for stakeholders in a community
  • The pandemic has led to big adjustments in procurement staffing in governments
  • Adapting procurement priorities for a post-COVID environment

White papers


Hand Hygiene: Compliance Matters

23rd May 2022

What it Takes to Build a Winning Esports Program

23rd May 2022

Sixth-Largest US School District Saves Over $500,000 by Utilizing a Cooperative

23rd May 2022
view all

Events


PODCAST


Young Leaders Episode 4 – Cyril Jefferson – City Councilman, High Point, North Carolina

13th October 2020

Young Leaders Episode 3 – Shannon Hardin – City Council President, Columbus, Ohio

27th July 2020

Young Leaders Episode 2 – Christian Williams – Development Services Planner, Goodyear, Ariz.

1st July 2020
view all

Twitter


AmerCityCounty

Remote alarm notifications add firewall as utilities face mounting threats of cyberattacks dlvr.it/SRB2fd

27th May 2022
AmerCityCounty

10 of America’s most idyllic lakeside communities dlvr.it/SR9yVd

27th May 2022
AmerCityCounty

Infrastructure improvements in cities often feature clean energy or connected technologies dlvr.it/SR6vm8

26th May 2022
AmerCityCounty

Ahead of Surfside condo collapse anniversary, Florida’s legislature approves statewide inspection standards dlvr.it/SR6qL7

26th May 2022
AmerCityCounty

American City & County survey highlights civic engagement priorities in public sector dlvr.it/SR3hMS

25th May 2022
AmerCityCounty

Changing recruitment practices can ease retention challenges dlvr.it/SQzzPt

24th May 2022
AmerCityCounty

EVs are coming in a big way – Will charging infrastructure be ready? dlvr.it/SQzfL1

24th May 2022
AmerCityCounty

Optimizing the 3 stages of RFP creation for faster results | June 16, 2022 at 2 PM ET dlvr.it/SQzV7d

24th May 2022

Newsletters

Sign up for American City & County’s newsletters to receive regular news and information updates about local governments.

Resale Insights Dashboard

The Resale Insights Dashboard provides model-level data for the entire used equipment market to help you save time and money.

Municipal Cost Index

Updated monthly since 1978, our exclusive Municipal Cost Index shows the effects of inflation on the cost of providing municipal services

Media Kit and Advertising

Want to reach our digital audience? Learn more here.

DISCOVER MORE FROM INFORMA TECH

  • IWCE’s Urgent Communications
  • IWCE Expo

WORKING WITH US

  • About Us
  • Contact Us

FOLLOW American City and County ON SOCIAL

  • Privacy
  • CCPA: “Do Not Sell My Data”
  • Cookies Policy
  • Terms
Copyright © 2022 Informa PLC. Informa PLC is registered in England and Wales with company number 8860726 whose registered and Head office is 5 Howick Place, London, SW1P 1WG.
This website uses cookies, including third party ones, to allow for analysis of how people use our website in order to improve your experience and our services. By continuing to use our website, you agree to the use of such cookies. Click here for more information on our Cookie Policy and Privacy Policy.
X