FILE:  DJED

Cf:  DJE

BIDS AND QUOTATIONS

PUBLIC WORKS

The East Baton Rouge Parish School Board shall advertise and let by contract, except in cases of emergencies as provided below, all public work exceeding $250,000 or such sum as allowed by law, including labor, materials, equipment, and administrative overhead not to exceed fifteen percent (15%).  The contract shall be awarded to the lowest responsible bidder who has bid according to the contract, plans, and specifications advertised.  Public works which are estimated to cost less than the contract limit may be undertaken by the School Board with its own employees.

As evidence of good faith of the bidder, the School Board shall require bidders for construction, improvement, repair, or other work to attach to the bid submitted a bid bond, certified check, or cashier's check for not more than five percent (5%) of the contract work to be done.  The School Board may require a bid bond or certified or cashier's check of not more than five percent (5%) of the estimated price on bids taken for supplies and materials.

When any bid is accepted for construction or doing any public works, a written contract shall be entered into by the successful bidder and the School Board, and the successful bidder shall furnish a bond in an amount not less than one-half of the amount of the contract, for the faithful performance of his or her duties.

When using state or locally generated funds, under no circumstances shall there be a division or separation of any public work project into smaller projects, which division or separation would have the effect of avoiding the requirement that public work be advertised and let by contract to the lowest responsible bidder in accordance with statutory provisions.

The School Board shall retain the option of requiring all bids that are let out for public works to be submitted electronically.

Bids for public works less than the amount specified above may be advertised when the Superintendent and/or Chief Operations Officer deems it advisable.

All public work contracts shall contain provisions authorizing the issuance of change orders within the scope of the contract.  All change orders shall be in writing or in electronic format shall be signed by the contractor, design professional and the School Board President, or Superintendent or designee, as authorized.  The School Board shall pay the contractor for work performed by change order not later than sixty days after the date the of the application for payment for completion of the work performed in the change order.

Any change order outside the scope of the contract in excess of the contract limit as defined herein shall be let out for public bid.

Any change order pertaining to public work, not required to be let out for public bid, shall either be negotiated in the best interest of the School Board or let out for public bid. Where the change order is negotiated, such change order shall be fully documented and itemized as to costs, including material quantities, material costs, taxes, insurance, employee benefits, other related costs, profit, and overhead.  Where certain unit prices are contained in the initial contract, no deviations shall be allowed in computing negotiated change order costs.

MATERIALS AND SUPPLIES

All purchases of materials or supplies exceeding the sum of $60,000 to be paid out of public funds shall be advertised and let by contract to the lowest responsible bidder who has bid according to the specifications as advertised.  In addition, when using state or locally generated funds, purchases of materials or supplies of at least $30,000 but not more than $60,000, shall be made by obtaining not less than three (3) documented quotations.  A written confirmation of the accepted offer shall be obtained and made a part of the purchase file.  The School Board may require a written contract or bond when purchasing the materials or supplies.  If quotations are received that are lower than the quote accepted, a notation shall be entered into the file as to the reasons for rejection of the lower quotes.

La. Rev. Stat. Ann. §38:2211 requires formal procurement thresholds as stated above and charted below:

When using state or locally generated funds, purchases cannot be divided by departments or by a school if the effect is to evade the state's public bid law.  Purchases of commodities that are bought in small but recurring amounts through the year shall be bid on an annual basis.

The School Board shall retain the option of requiring all bids that are let out for materials and supplies be submitted electronically.

Bids for materials and supplies less than the amounts specified above may be advertised when the Superintendent and/or Chief Financial Officer deems it advisable.

In lieu of formal bids, the School Board may use a reverse auction process for the purchase of equipment, supplies, and other materials, or consulting services as outlined in policy DJE, Purchasing.

EMERGENCIES

In cases of an emergency or extreme emergency when time is not sufficient to advertise for bids for public works or purchase of materials, the School Board or designee is permitted by law to declare through resolution that a public emergency or extreme public emergency exists and enter into a contract for more than the sums referenced above without bidding.  However, in such cases every effort shall be made by School Board personnel to secure competitive quotations.  The accepted quote shall be confirmed in writing.  State law permits a person designated by the School Board to declare the existence of an extreme public emergency.  This designated person for the School Board shall be the Superintendent and/or his/her designee as the designated person.  Notices of an emergency or extreme emergency shall be published in the School Board’s official journal within ten (10) days of the emergency being certified by the School Board or designee.

An emergency is defined by La. Rev. Stat. Ann. §38:2211 as

“An unforeseen mischance bringing with it destruction or injury of life or property or the imminent threat of such destruction or injury or as the result of an order from any judicial body to take any immediate action which requires construction or repairs absent compliance with the formalities of this Part, where the mischance or court order will not admit of the delay incident to advertising as provided in this Part."

An extreme public emergency is defined by La. Rev. Stat. Ann. §38:2211 as

“A catastrophic event which causes the loss of ability to obtain a quorum of the members necessary to certify the emergency prior to making the expenditure to acquire materials or supplies or to make repairs necessary for the protection of life, property, or continued function of the public entity.”

Emergency Procurement – Quotations Required by School Board Policy

When the emergency procurement need is greater than $10,000, approval prior to procurement by the Superintendent or his/her designee, whichever is accessible at the time shall be required.  Documented requests for competitive quotations should be submitted if time permits and an explanation/justification for the emergency shall be included on the related purchase orders/supporting paperwork.

BID ADVERTISEMENTS

All advertisements for bids for public works shall appear in the newspaper selected as the official journal for the East Baton Rouge Parish School Board, except in emergencies as may be declared by the School Board.  Any advertisement for any contract for public works, when published, shall appear once a week for three (3) different weeks in a newspaper in the locality and the first advertisement shall appear at least twenty-five (25) days before the opening of bids.

Any advertisement for any contract or purchase of materials or supplies shall be published two (2) times in a newspaper in the locality, the first advertisement appearing at least fifteen (15) days prior to the opening of bids.

In addition to newspaper advertisements, the School Board shall also publish advertisements and accept bids by electronic media in accordance with uniform standards promulgated by the state.  In any advertisement, the first publication shall not occur on a Saturday, Sunday, or legal holiday.

If the School Board issues or causes to be issued on a public work exceeding the contract limit set by state law, any addendum modifying plans and specifications within a period of seven (7) days prior to the advertised time for opening of bids, excluding Saturdays, Sundays, and any other legal holidays, the School Board shall transmit a copy of the addendum to all prime bidders who have requested bid documents.  The transmission shall be completed within twenty-four (24) hours of the issuance of the addendum and may be delivered by either facsimile transmission (fax), e-mail, other electronic means, or by hand provided the prime bidder has supplied the fax number or e-mail address to the School Board.  In addition, a copy of the addendum shall be sent by regular mail. If the addendum cannot be transmitted by fax, e-mail, other electronic means, or hand delivered, the School Board shall be required to postpone the bid opening by at least seven (7) days.

The School Board shall not issue or cause to be issued any addendum modifying plans and specifications within a period of seventy-two (72) hours prior to the advertised time for the opening of bids, excluding Saturdays, Sundays, and any other legal holidays; however, if the necessity arises to issue an addendum modifying plans and specifications within the seventy-two (72) hour period prior to the advertised time for the opening of bids, then the opening of bids shall be extended at least seven (7) but not more than twenty-one (21) working days, without the requirement of re-advertising.  The addendum shall state the revised time and date for the opening of bids.

OPENING OF BIDS

All bids shall be opened in public in the presence of one or more witnesses, at the time and place designated in the invitation for bids.  Each bid, together with the name of the bidder, shall be recorded and open to public inspection.  However, the School Board shall not accept or take any bids including receiving any hand delivered bids on days which are recognized as holidays by the United States Postal Service.

BID AWARD

In order to protect the integrity of the competitive bidding process, the determination of responsiveness by the bidder must be made from the bid documents at the time of the bid opening.  Any deviation from or failure to supply information required by the bid documents may result in the bid being rejected as non-responsive.

The Superintendent and/or other appropriate administrators shall review, summarize, and report bids to the School Board with recommendations for bid award unless the School Board grants permission for staff to evaluate, award, and notify the School Board at a later date.

DISQUALIFICATION OF BIDDER FOR NON-RESPONSIBILITY

If the School Board proposes to disqualify any bidder for non-responsibility (the possibility that the bidder may not satisfactorily fulfill the contract being bid), the School Board shall:

1. Give written notice of the proposed disqualification to such bidder, and include in the written notice all reasons for the proposed disqualification;
   
   

2. Give such bidder, who is proposed to be disqualified, the opportunity to be heard at an informal hearing to be conducted not later than five (5) business days after the issuance of the notice of the proposed disqualification, at which such bidder is afforded the opportunity to refute the reasons for the disqualification; and
   
   

3. Conduct the informal hearing prior to the award of the public work.

No award of the contract for the public work shall be made by the School Board prior to the expiration of at least five (5) working days following the date of issuance of the written ruling from the informal hearing.

EXCLUSION/REJECTION OF BIDS

The School Board, after the opening of bids, shall require each bidder or bidding entity to attest or submit an attestation that the sole proprietor, partner, incorporator, director, manager, officer, or other like individual who owns at least ten percent (10%) of the bidding entity, has not been convicted of, or has not entered a plea of guilty or nolo contendere (no contest) to any of the crimes or equivalent federal crimes listed in La. Rev. Stat. Ann. §38:2227.

In awarding bids or contracts, the School Board shall be authorized to reject the lowest bid from a business in which any individual with ownership interest of five percent (5%) or more has been convicted of, pled guilty or nolo contendere to any a state felony crime or equivalent federal crime committed in the solicitation or execution of a contract or bid under the state laws governing public contracts; professional, personal, consulting, and social services procurement; or the Louisiana Procurement Code.

Any contract between the School Board and a person or entity entered into as a result of fraud, bribery, corruption, or other criminal acts, for which a final conviction has been obtained, shall be null and void.

Any person whose conviction causes the nullity of a contract shall be responsible for payment of all costs, attorney fees, and damages incurred in the rebidding of the contract.

PROPOSALS

Proposals may be used to acquire items or services that are exempt from State bid laws, such as

• Performance based energy efficient contracts;
  
  

• Consulting Services - legal, insurance, engineering or architectural services, doctors, or laboratory work;
  
  

• Contracted Services - grass cutting, janitorial lease of equipment;
  
  

• Data and telecommunications equipment, systems, related services as defined in La. Rev. Stat. Ann. §38:2236.  Such equipment or services may be bid or let as proposals in accordance with La. Rev. Stat. Ann. §38:2237.

Ref:    2 CFR 200 (Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards)

48 CFR 2.101 (Definitions)

La. Rev. Stat. Ann. §§9:2716, 9:2717, 38:2181, 38:2182, 38:2211, 38:2212, 38:2212.1, 38:2212.9, 38:2214, 38:2218, 38:2227, 38:2236, 38:2237, 38:2241, 38:2251, 38:2271, 39:1551, 39:1552, 39:1553, 39:1554, 39:1554.1, 39:1556, 39:1557, 39:1558, 39:1597, 39:1710

Board minutes, 12-16-10, 7-21-16, 9-21-17, 1-20-22, 6-15-23

East Baton Rouge Parish School Board