FILE:  DJED

Cf:  DJE

BIDS AND QUOTATIONS

PUBLIC WORKS

The West 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%).  Public work means the erection, construction, alteration, improvement, or repair of any public facility or immovable property, used, or leased by the School Board.  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 an 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.

Bids based on specifications which are subject to a recognized escalation index shall be legal and valid.

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 be submitted electronically.

Bid Documents

The School Board shall furnish all prime bidders who request bid documents and who are properly licensed by the Louisiana State Licensing Board for Contractors with at least one set of complete bid documents.  The School Board may require a deposit on said documents that shall not exceed twice the actual cost of reproduction.  Deposits on the first set of documents furnished bona fide bidders will be fully refunded upon return of the documents no later than ten (10) days after receipt of bids.

On other sets of documents furnished to bidders the deposit less actual cost of reproduction, will be refunded upon return of the document no later than ten (10) days after receipt of bids.

If the School Board prepares and distributes the contract documents, the School Board may charge a fee for the documents, which shall not exceed the actual cost of reproduction.

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.

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.

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

Purchase of Technical Equipment

Whenever the School Board desires to purchase technical equipment, apparatus, machinery, materials, or supplies of a certain type and such purchases are clearly in the public interest, the School Board may specify a particular brand, make, or manufacturer in the specifications let out for public bid.  If this option is exercised, the model or catalog number shall be specified and the specifications shall state clearly that they are used only to denote the quality standard of product desired and that they do not restrict bidders to the specific brand, make, manufacturer, or specification named.

The employed architect or engineer shall determine what is considered an equivalent product.

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 extend a contract for more than the sums mentioned without going out to bid.  However, in such cases every effort shall be made by School Board personnel to secure competitive quotations.  The accepted quote shall be confirmed and documented in writing.  State law permits a person designated by the School Board to declare the existence of an extreme public emergency.  This designated person shall be the Superintendent and/or his/her designee.  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 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, supplies, or to make repairs necessary for the protection of life, property, or continued function of the public entity.”

EVIDENCE OF BID AUTHORITY

Whenever evidence of agency, corporate, or partnership authority is required for submission of a bid to the School Board, such fact shall be contained in the bid documents and the authority of the signature of the person submitting the bid shall be deemed sufficient and acceptable if any of the following conditions are met;

1. The signature on the bid is that of any corporate officer listed on the most current annual report on file with the Secretary of State, or the signature on the bid is that of any partnership records on file with the Secretary of State.
   
   

2. The signature on the bid is that of an authorized representative of the corporation, partnership, or other legal entity and the bid is accompanied by a corporate resolution, certification as to the corporate principal, or other documents indicating authority which are acceptable to the School Board.
   
   

3. The corporation, partnership, or other legal entity has filed in the appropriate records of the Secretary of State or with the Clerk of Court of West Baton Rouge Parish, an affidavit, resolution, or other acknowledged or authentic document indicating the names of all parties authorized to submit bids for public contracts.  Such document on file with the Secretary of State, or the Clerk of Court shall remain in effect and shall be binding upon the principal until specifically rescinded and canceled from the records of the respective offices.

BID ADVERTISEMENTS

All advertisements for bids for public works shall appear in the newspaper selected as the official journal for the 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.  Plans and specifications shall be available to bidders on the day of the first advertisement and shall be available until twenty-four (24) hours before the bid opening date.

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 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 readvertising.  The addendum shall state the revised time and date for the opening of bids.  The School Board may, through the issuance of an addendum, extend the bid period for up to thirty (30) days, without the requirement of readvertising.

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.  Any proposal shall include no more than three (3) alternates.  Alternates, if accepted, shall be accepted in the order in which they are listed on the bid form.

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.

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, 9-17-03, 10-21-09, 3-17-10, 11-28-18, 3-16-22, 9-21-22

West Baton Rouge Parish School Board