3003 Bid Letting and Contracts

3003

Bidding for Construction, Remodeling, Repair, or Site Improvement

I. Applicability of this policy.

Construction and contracts undertaken with federal funds, whether those funds

are derived directly from the federal government (e.g. award of a federal grant) or

are derived by pass-through awards from the Nebraska Department of Education

(e.g. special education funds, school lunch funds, Title I funds) are subject to the

policy on Construction with Federal Funds, which is found elsewhere in this

section.

This policy applies to all other purchases and contracts made by the school district

for construction, remodeling, repair and other site improvements.

II. Projects with an Estimated Cost of Less than $109,000

A. The school district will solicit quotes and/or estimates for all projects with an

estimated cost of less than $109,000.

B. Prior to solicitation of the quotes and/or estimates, the superintendent will

determine whether the district will accept oral submissions.

C. Quotes and/or estimates may be solicited by the superintendent or his/her

designee without board action.

D. The terms of any construction project undertaken pursuant to this policy will

be memorialized in a written contract which has been reviewed by the

district’s legal counsel and approved by the board.

E. The district may use a Nebraska state-wide cooperative purchasing program

in lieu of obtaining quotes or bids under this policy to the extent such a bid or

quote is not otherwise independently required by law.

F. Nothing in this subsection prohibits or requires the use of the formal bidding

procedures. If the district is going to solicit formal bids for projects of less than

$109,000 they must follow the formal procedures outlined in this policy.

III.Formal Bidding for Major Purchases and Construction

A. Pursuant to section 73-106 of the Nebraska statutes, the board will advertise

for bids when the contemplated expenditure of the project exceeds $109,000 for

the construction, remodeling or repair of a school-owned building or for site

improvement.

B. In projects that involve professional engineering or architecture, the board will

have a registered professional engineer or architect prepare the plans,

specifications, and estimates when the anticipated cost of the project exceeds

$118,000.

C. Advertising for Bids

1. The superintendent or designee will arrange to advertise for bids under

this section by publishing notice in any newspaper of general circulation

within the school district at least 7 calendar days prior to the date on

which bids are due.

2. Nothing in this policy shall prevent the superintendent or designee from

advertising in additional media outlets or for a longer period of time.

D. Bid Documents

1. The bid documents shall identify the day upon which the bids shall be

returned, received or opened and shall identify the hour at which the

bids will close or be received or opened.

2. The invitation for bids will be sufficiently certain and specific, will

include any specifications and pertinent attachments, and will define

the items or services in order to allow the bidder to properly respond.

3. The bid documents shall also provide that such bids shall be opened

simultaneously in the presence of the bidders or their representatives.

4. Bids received after the date and time specified in the bid documents

shall be returned to the bidder unopened.

5. If bids are being opened on more than one contract, the board, in its

discretion, may award each contract as the bids are opened.

6. Sealed bids will be opened in a place and at the specific time stated in

the bid form. Bidders shall be notified of the opening and invited to be

present.

7. The board shall have discretion in determining which bidders are

responsible and responsive and shall award the contract to the lowest,

responsible, and responsive bidder whose bid meets the bid

specifications.

E. Any or all bids may be rejected if there is a sound documented reason

F. The terms of any construction project undertaken pursuant to this policy will

be memorialized in a written contract which has been reviewed by the

district’s legal counsel and approved by the board.

Adopted on: _________________________

Revised on: 14 July 2021

Reviewed on: _______________________

1. General Bidding Policy

a) At the discretion of the board, contracts may be oral or written, formal or informal, expressed or implied true or quasi contracts.

b) The quality of the product and its suitability for the purpose for which it will be used, not price alone, shall be considered in determining the awarding of contracts.

c) The board reserves the right to reject any or all bids.

2. Informal Bidding for Moderate Purchases

a) Written quotes shall be requested on orders of supplies and equipment, new construction, or repair and renovation, when the estimated cost is between $2,000 and $5,000. Such written quotes shall be kept for reference.

b) These quotes may be accepted without board action, but shall be requested in writing and shall be kept on file.

3. Formal Bidding for Major Purchases and Construction

a) The board may solicit bids for the provision of large orders of supplies and equipment, new construction, repair or renovation, if the estimated amount for the supplies and/or equipment exceeds $5,000.00.

b) Pursuant to section 73-106 of the Nebraska statutes, until August 27, 2015, the board will advertise for bids when the contemplated expenditure of the project exceeds $40,000 for the construction, remodeling, or repair of a school-owned building or for site improvement. After August 27, 2015, the board will advertise for bids when the contemplated expenditure of the project exceeds $100,000 for the construction, remodeling, or repair of a school owned building or for site improvement. The dollar amount triggering the board’s obligation to advertise for bids under this policy shall automatically increase to that set by the State Board of Education beginning on July 1, 2020 and continuing thereafter.

c) The bidding requirements described in this policy shall not apply to emergency expenditures if the district has suffered a disaster, emergency or civil defense emergency as provided for in Nebraska law. Page 57 of 399

d) In projects that involve professional engineering or architecture, the board will have a registered professional engineer or architect prepare the plans, specifications, and estimates when the anticipated cost of the project exceeds $100,000.

e) Advertising for Bids

1) The superintendent or designee will arrange to advertise for bids under this section by publishing notice in any newspaper of general circulation within the school district at least 7 calendar days prior to the date on which bids are due.

2) Nothing in this policy shall prevent the superintendent or designee from advertising in additional media outlets or for a longer period of time.

f) Bid Documents

1) The bid documents shall identify the day upon which the bids shall be returned, received or opened and shall identify the hour at which the bids will close or be received or opened.

2) The bid documents shall also provide that such bids shall be opened simultaneously in the presence of the bidders or their representatives.

3) Bids received after the date and time specified in the bid documents shall be returned to the bidder unopened.

4) If bids are being opened on more than one contract, the board, in its discretion, may award each contract as the bids are opened.

5) Sealed bids will be opened in a place and at the specific time stated in the bid form. Bidders shall be notified of the opening and invited to be present.

6) The board shall have discretion in determining which bidders are responsible and responsive and shall award the contract to the lowest responsible bidder whose bid meets the bid specifications.

Revised July 2015