Administrative Regulation
AR3311
Business and Non-Instructional Operations
Bids
Advertised Bids
The District shall seek competitive bids through advertisement for contract involving an expenditure of $15,000 or more for a public project.
Public project includes construction, reconstruction, erection, alteration, renovation, improvement, painting, repainting, demolition and repair work involving a district owned, leased or operated facility. (Public Contract Code 22002)
The amount by which contract shall be competitively bid shall escalate automatically based upon the annual adjustment by the Superintendent of Public Instruction
Competitive bids shall be sought through an advertisement for contracts exceeding $51,500 for the following: (Public Contract Code 20111)
1. The purchase, rent or lease of equipment, material or supplies
2. Services, not including construction services, professional services, such as accounting, engineering, legal and administrative advice, and insurance services.
3. Repairs, including maintenance that is not a public project
Maintenance work means routine, recurring and usual work for preserving, protecting and keeping a district facility operating in a safe, efficient and continually usable condition for the intended purpose for which it was designed, improved, constructed, altered or repaired. Maintenance includes, but is not limited to, carpentry, electrical, plumbing, glazing and other craft work designed to preserve the facility as well as repairs, cleaning and other operations on machinery and other permanently attached equipment. This definition does not include, among other types of work, janitorial or custodial services and protection provided by security forces, nor does it include painting, repainting or decorating other than touch up. (Public Contract Code 20115)
Unless otherwise authorized by law, contracts shall be let to the lowest responsible bidder (who possesses the quality, fitness and capacity to satisfactorily perform the proposed work)who shall give such security as the Governing Board requires, or else all bids shall be rejected. (Public Contract Code 20111)
When letting a contract for the procurement and/or maintenance of electronic data processing systems and supporting software, the Governing Board may contract with any one of the three lowest responsible bidders. (Public Contract Code 20118.1)
The Governing Board shall secure bids for any transportation service expenditure of more than $10,000 when contemplating that such a contract may be made with a person or corporation other than a common carrier, municipally owned transit system or a parent/-guardian of students who are to be transported. The Governing Board may let this contract to other than the lowest bidder. (Education Code 39802)
No work, project, service or purchase shall be split or separated into smaller work orders or projects for the purpose of evading the legal requirements of Public Contract Code 20111-20116 for contracting after competitive bidding. (Public Contract Code 20116)
Instructions and Procedures for Advertised Bids
The Superintendent or designee shall call for bids by advertising in a local newspaper at least once a week for two weeks. The notice shall state the work to be done or materials or supplies to be furnished and the time and place where bids will be opened. (Public Contract Code 20112)
Bid instructions and specifications shall include the following requirements and information:
1. All bidders, including
bidders for printing contracts, shall specify the minimum, if not exact,
percentage of recycled products in the products offered, and both the post
consumer and secondary waste content. (Public Contract
2. All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder's security: (Public Contract Code 20107, 20111)
a. Cash
b. A cashier's check made payable to the district
c. A certified check made payable to the district
d. A bidder's bond executed by an admitted surety insurer and made payable to the district
The security of unsuccessful bidders shall be returned in a reasonable period of time, in no event any later than 60 days after the bid is awarded. (Public Contract Code 20111)
3. Under no condition shall bids be accepted after the advertised bid opening time, regardless of whether the bids are actually opened at that time. (Public Contract Code 20112)
4. When two or more identical bids are received, the Board may determine by lot which bid shall be accepted. (Public Contract Code 20117)
5. Any subsequent change or alteration of a contract shall be governed by the provisions of Public Contract Code 20118.4.
6. After being opened, all submitted bids shall be made available for review by all interested parties. (Government Code 6252)
Bids Not Required
Upon a case-by-case determination that it is in the best interests of the district and to the extent permitted by law, the Board may authorize the purchase, lease or contract for equipment and supplies through a public corporation or Agency without advertising for bids. (Public Contract Code 20118)
Supplementary textbooks, library books, periodicals, educational films, audiovisual materials, test materials, workbooks and instructional compute software packages may be purchased without taking estimates or advertising for bids. (Public Contract Code 20118.3)
Perishable commodities such as foodstuffs may be purchased through bid or on the open market, depending on district preference. (Education Code 39873)
In an emergency when repairs, alterations, work or improvement to any school facility is necessary for the continuance of existing school classes or to avoid danger to life or property, the Board, by unanimous vote and with the approval of the County Superintendent of Schools, may contract for labor and materials or supplies without advertising for or inviting bids. (Public Contract Code 20113)
Bids shall also not be required for day labor under circumstances specified in law. Day labor shall include the use of maintenance personnel employed on a permanent or temporary basis. (Public Contract Code 20114)
Whenever the total number of hours on the job does not exceed 350 hours, day labor may be used to erect new buildings and for the following purposes: (Public Contract Code 20114)
1. School building repairs, alterations, additions
2. Painting, repainting or decorating of school buildings
3. Repair or building of apparatus or equipment
4. Improvements on school grounds
5. Maintenance work as defined above
Sole Sourcing
Specifications for contracts for construction, alteration or repair of school facilities may not limit bidding to any one product or supplier. Specifications designating a particular brand name shall list at least two brands of comparable quality and follow the description with the words or equal. (Public Contract Code 3400)
Specifications for contracts may designate a product by brand or trade name (sole sourcing) when one or more of the following conditions apply: (Public Contract Code 3400)
1. The product is designated to match others in use on a particular public improvement that has been completed or is in the course of completion
2. One product has a unique application required to be used in the public interest
3. Only one brand name is known, or
4. Upon resolution of the Governing Board, the Board makes a finding that the item sought is the subject of a field test to determine its suitability for future use
Adopted:
Revised:
Related Policies & Exhibits:
BP 3311?Bids