Policy 7.10

Construction Bid Procedures

1. When Bids Are Required.-- Consistent with SREF §§ 4.1 and 4.2, competitive bidding shall be used to award all construction, remodeling, or renovation/addition projects for any educational plant or ancillary facility exceeding the dollar threshold in Fla. Stat. § 255.20(1) & (2) and all electrical projects exceeding the bid threshold in Fla. Stat. § 255.20(1) & (2), unless other contract processes authorized by law are used. Projects under those thresholds will be handled consistent with SREF and may be set aside for bidding by small business enterprise (SBE) firms pursuant to Policy 6.143(5)(a)(i).

2. Required Notice.-- A legal notice shall be published for projects as required by SREF, giving briefly the essential information relating to the construction project. Further, construction projects costing less than the bid threshold which will be completed with contracted services shall be advertised a minimum of one week as required by SREF § 4.2(2).

3. Content of Notice.-- The notices mentioned in section (2) shall include at least the following, pursuant to SREF § 4.2(2)(a):

1. Project name and name of the School Board.

2. Location of the project.

3. A statement giving the location where bids are to be filed.

4. Date, time and place of opening bids.

5. Brief statement of work contemplated.

6. Where and when plans and specifications will be available, including whether a deposit or charge is required.

7. Any other information that may be helpful to prospective bidders, such as the requirements for bid bonds and deposits for plans and specifications, notice of any pre-bid conference, bid security, insurance, and whether the Board intends to waive minor technicalities.

4. Timing of Notice.-- The legal notice shall be published once each week for three (3) consecutive weeks as required by SREF § 4.2(2)(b), on the same day of the week. However, projects costing less than the bid threshold which will be completed with contracted services will be advertised a minimum of one week pursuant to SREF § 4.2(2). All official advertisements shall be published in a newspaper of general circulation in this county to comply with the provisions of Chapter 50, Florida Statutes. The last such notice shall appear at least seven (7) days prior to the date set for the opening of bids. Any correction or change in advertisement shall be made at least seven (7) days prior to the final date set for opening of bids; however, the original date set for opening of bids may be changed and extended at any time within the final seven (7) day period provided the notice to bidders is published again for one (1) time at least seven (7) days prior to the new bid date as set forth above, and each known prospective bidder is notified in writing of the change.

5. Availability.-- Plans and specifications shall be available to prospective bidders within a reasonable time after their initial request. In addition to publication of the notice, the Board shall require that the invitation to bid be mailed (electronically when possible) or delivered to not less than three (3) prospective bidders and/or shall be distributed to area plan review rooms pursuant to SREF § 4.2(2)(c), as well being made available by e-mail, fax, and/or the District's Web site when possible.

6. Bid Content.-- Bidders shall include with their bid the disclosures required by Policy 6.144 and all other information required by the Invitation to Bid and by law, such as, but not limited to:

1. assurance of conformance with Public Entity Crime Law, Fla. Stat. § 287.133(2)(a);

2. a reference to the trench safety standard, where relevant, and written assurance that the contractor will comply with the Trench Safety Act, Fla. Stat. §§ 553.60 through 553.64;

3. subcontractors listed in the bid (which shall not be replaced without cause, once the list has been opened and made public, in accordance with Fla. Stat. § 255.0515).

7. Bid Receipt, Opening, and Tabulation.-- Bids shall be received, publicly opened and tabulated at a designated time and place by an employee of the Board or other designated individual, in accordance with SREF § 4.2(2)(e).

8. Selection and Award.-- The District shall consider all bids received and, within the time limit listed in the specification, either reject all bids or identify the apparent lowest responsible bidder, considering base bid and accepted alternates as listed in the bidding documents, to award the contract to that bidder for the actual amount of the bid, and the contract shall include a time limit in which the construction is to be completed, as required by SREF § 4.2(2)(h). Consistent with Policy 6.14(1)(c)(ii)(B), authority is hereby vested in the Superintendent to approve or reject purchase requisitions and authorize purchase of contractual construction services on behalf of the Board, without regard to dollar amount, when the method used is an Invitation to Bid or competitive quotes and the award is based upon lowest bid or quote from a responsive and responsible bidder meeting specifications (provided that a quarterly report of such purchases over $15,000 must be provided to the Board).

9. Potential Waiver of Minor Technicalities.-- No bid shall be considered if the bidder fails to comply with the terms and conditions of the bid form or the procedure for submitting bids as authorized in the official advertisement and other documents pertaining to the bidding as authorized by the Board. The District reserves the right to waive minor technicalities if so stated in the bid advertisement.

10. Prerequisite to Letting Bids.-- The Board shall have received notice from the Office of Educational Facilities, Department of Education, when required, that Phase III documents are approved prior to awarding of bids.

11. Alternates.-- As stated in SREF § 4.2(2)(f), alternates listed in the bidding documents may be accepted at any time after the contract award by change order provided the contractor remains the low bidder on the combination of the base bid and the alternatives selected.

12. Bid Protests.-- As stated in Policy 6.14(4)(e)(iii), protestors regarding competitive procurement related to educational facilities shall be required to post a bond in the amount specified in Fla. Stat. § 255.0516. Construction-related bid protests are subject to the procedures set forth in Policy 6.14(4).