Are expenditures from the Gifts and Donations Fund exempt from the School District Procurement Rules and USFR guidelines for competitive purchasing below the dollar limits required for sealed bids?

Sometimes. Gifts and Donations Fund monies are public monies. The School District Procurement Rules or USFR guidelines apply to every expenditure of public monies by a school district for the procurement of all construction, materials, and services when the total procurement exceeds $5,000, unless an expenditure is specifically exempted by a federal/state law or regulation, or is otherwise specifically exempted from the Procurement Rules or USFR guidelines (e.g. , payroll or student activities monies).

However, R7-2-1002(A) states that Nothing in this Article shall prevent any governing board from complying with the terms and conditions of any grant, gift, bequest . . .

. Therefore, competitive bids and quotes are not necessary if, for example, the donor has specified, as a condition of the gift, the specific vendor or contractor to be used. If the terms and conditions are not specific as to a particular vendor or contractor, then the School District Procurement Rules or USFR ... more.

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