6220 Procedure – Bid Requirements

A.  Furniture, Equipment, or Supplies (Except Textbooks)

For purposes of this procedure, a lease-purchase agreement, whereby the district may own the property at the end of a lease term, shall be subject to the same conditions as an outright purchase.

1.   No bid procedure is required for purchases of furniture, equipment, or supplies under $40,000.

Federal acquisition regulations for purchases of furniture, equipment and supplies, including textbooks, are more restrictive than state law.  A competitive process,

such as three (3) informal quotes, is required for those purchases of goods that equal or exceed $3,000 but are less than  $40,000 made from federal funds.

2.   When the cost of any furniture, equipment, or supplies (except textbooks) shall exceed $40,000, but be less than $75,000, a competitive process is required:

a.   At least three (3) informal quotes shall be solicited from responsible vendors. Written, including email, or telephone quotes will be recorded and available for public perusal, or

b.   Purchases may be made through a board-approved interagency agreement with a qualified organization that has performed a competitive process for the item to be purchased. (i.e. KCDA, OETC, US Communities)

3.   Whenever, in the opinion of the board, the cost of any furniture, equipment, or supplies (except text books) shall equal or exceed $75,000, formal bids shall be required or they may be purchased through a board-approved interagency agreement with a qualified organization that has performed a competitive process for the item to be purchased. (i.e. KCDA, OETC, US Communities).  The following procedures shall be in effect for purchasing through the competitive bidding process:

a.   Formal bids shall be called for by issuing public notice placed in at least one newspaper of general circulation within the district once each week for two consecutive weeks, unless a statutory exception permits another contracting option.

b.   Clear and definite specifications shall be prepared and made available to all vendors interested in submitting a bid.

c.   Brand names and manufacturer’s catalog numbers used in specifications are for the purpose of identification and to establish a standard of quality.  Bids on equal items shall be considered, providing the bidder specifies brand and model and furnishes descriptive literature.  The acceptance of alternative equal items shall be conditioned on the district’s inspection and testing after receipt.  If not found to be equal, the material shall be returned at the seller’s expense and the contract canceled.

d.   Formal bids shall be opened at the time and place stated in the official advertisement for bids, and any interested member of the public may attend the bid opening.  Bidders shall be responsible for ensuring that bids are delivered to the district prior to the time set for opening of bids.  Any bid received by hand delivery after the time set for opening bids shall receive no consideration by the district.

e.   Formal bid awards shall be made by the Board of Directors of the Bellingham School District No. 501 based on staff recommendations to the lowest responsible bidder meeting the district’s specifications, in accordance with RCW 39.26.160 and as outlined below.

f.    The district shall reserve the right to reject any or all bids, waive any informalities or irregularities in the bidding process, and to make the award deemed to be in the best interest of the district.  The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

g.   Bid procedures shall be waived when the board declares an emergency, for purchases involving special facilities or market conditions, for purchases of insurance or bonds, or when purchases are clearly limited to a single source of supply.  Anytime bid requirements are waived pursuant to this provision, a document explaining the factual basis for the exception and the contract shall be recorded and open for public inspection.

B.  Athletic Equipment, Supplies, and Uniforms

Because of the unique nature and configuration associated with each particular sport’s athletic equipment, supplies, and uniforms, these items have been determined as not “like items.”  As a result, when the aggregate value of athletic equipment, supplies, and/or uniforms associated with one purchase is less than $75,000, the formal bidding process is not required.

C.   Building Improvement, Repair, or Other Public Works Projects

No competitive process is required for building improvements, repair, or other public works under $35,000.

Whenever the cost of the building improvements, repair, or other public works shall equal or exceed $35,000 but be less than $100,000 at least three (3) informal quotes shall be solicited from responsible vendors.  Written, including email, or telephone quotes will be recorded and available for public perusal.

Other purchasing options include:

1.   District Buildings and Grounds staff may make repairs/improvements to property when the total of such repairs/improvements does not exceed $75,000.

2.   Limited public works projects are those estimated to cost less than $35,000. For limited public works projects, the district may solicit electronic or written quotations from a minimum of three (3) contractors from the small works roster.  With prior board approval for limited public works, the district may waive the payment and performance bond requirements and the retainage requirements of law, thereby assuming liability for a contractor’s nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes. The district shall have the right of recovery against the contractor for any of these payments made on the contractor’s behalf.

3.   All building improvement, repair, or other public works projects estimated to be less than $300,000 may be awarded to a contractor on the small works roster, in accordance with RCW 39.04.155 and the requirements of this procedure which are listed below (Small Works Contracting Procedure).

4.   Whenever, in the opinion of the board, the cost of any building improvement, repair, or other public works project shall equal or exceed $100,000, and the small works roster is not utilized:

a.   Formal bids shall be called for by issuing public notice placed in at least one newspaper of general circulation within the district once each week for two consecutive weeks, unless a statutory exception permits another contracting option, or the project is contracted through a board-approved interagency agreement with a qualified organization that has performed a competitive process for the item to be purchased. (i.e. KCDA, OETC, US Communities).

b.   Clear and definite specifications shall be prepared and made available to all vendors interested in submitting a bid.

c.   Brand names and manufacturer’s catalog numbers used in specifications are for the purpose of identification and to establish a standard of quality.  Bids on equal items shall be considered, providing the bidder specifies brand and model and furnishes descriptive literature.  The acceptance of alternative equal items shall

be conditioned on the district’s inspection and testing after receipt.  If not found to be equal, the material shall be returned at the seller’s expense and the contract canceled.

d.   Formal bids shall be opened at the time and place stated in the official advertisement for bids, and any interested member of the public may attend the bid opening.  Bidders shall be responsible for ensuring that bids are delivered to the district prior to the time set for opening of bids.  Any bid hand received by hand delivery after the time set for opening bids shall receive no consideration by the district.

e.   Formal bid awards shall be made by the Board of Directors of the Bellingham School District No. 501 based on staff recommendations to the lowest responsible bidder meeting the district’s specifications, in accordance with RCW 39.26.160 and as outlined below.

f.   The district shall reserve the right to reject any or all bids, waive any informalities or irregularities in the bidding process, and to make the award deemed to be in the best interest of the district.  The Board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

g.   All public works contracts equal to or exceeding $300,000 will be approved by the board.  In addition, contracts will be complete with drawings, specifications, scope of work to be performed, bid bonds (if applicable), certificates of insurance, performance bonds, and any other documents required by law. Contracts shall also contain the Bellingham School District’s General Terms and Conditions.

h.   For any public works contract expected to cost over $1,000,000 the bids shall include the names of subcontractors who will do the heating, ventilation and air conditioning, plumbing, or electrical work. Failure to name a subcontractor or the bidder for each category of work renders the bid nonresponsive and void. Naming more than one subcontractor for a category of work, unless different contractors are named in alternative bids, also voids a bid.

i.    When requested by the district, the successful bidder shall provide a payment and performance bond equal to one hundred percent (100%) of the contract bid amount.

j.    The board shall include in each contract a proviso requiring the contractor to prohibit any of its employees who has ever been convicted of or pled guilty to any of the child related felonies from working where he/she would have contact with public school children.  The contract shall also provide that failure to comply with this requirement is grounds for immediate termination of the contract.

k.   Bid procedures shall be waived when the board declares an emergency for purchases involving special facilities or market conditions, for purchases of insurance or bonds, or when purchases are clearly limited to a single source of supply.  Any time bid requirements are waived pursuant to this provision, a document explaining the factual basis for the exception and the contract shall be recorded and open for public inspection.

D.  Small Works Contracting Procedure

For public works projects estimated to cost less than $300,000, the district may solicit informal quotes by telephone or written quotations from all contractors who have requested to be placed on the small works roster or the district may elect the Public Bidding process of RCW 28A.335.190.  The quotes will be recorded and available for public perusal.

The small works roster will be revised at least once each year by publishing a notice of such opportunity in at least one newspaper of general circulation in the district. A copy of such notification shall be sent to the Association of General Contractors. Such notice shall indicate where interested licensed contractors may secure information and application forms re- lated to the small works roster. The application form shall be designed to collect such information as:

Name of contractor
State of Washington Contractor’s License number
Bonding verification
Liability coverage
References

If the district chooses to utilize the small works roster, the following steps shall be employed:

1.   Written specifications shall be prepared which describe the work to be completed and the materials to be used; completion date; contractor’s assurances (prevailing wage statement, affirmative action statement, etc.); bid and performance bond requirements; opportunity

to visit the work site; closing date; and quote form.

2.   Unless the board declares, by resolution, the existence of an emergency, the district shall make a good faith effort to ensure that all qualified small works contractors receive a written invitation to provide a quotation whenever the estimated cost of the project is less than $300,000.  The invitation shall include a brief description of the project and the process to follow in acquiring the project specifications.

3.   If the cost of the project is estimated to be less than $35,000 the district can choose to use the Limited Public Works process as outlined on page 2 above.

4.   If the cost of the project is estimated to exceed or be equal to $35,000 but not more than $150,000, quotes may be invited from:

a.   All appropriate contractors on the appropriate small works roster, or

b.   At least five (5) qualified small works contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted.  The district shall rotate through the list of qualified contractors to insure each is afforded an opportunity to participate in the process.

5.   If the cost of the project is estimated to be greater than $150,000 but not more than $300,000, quotes may be invited from:

a.     All appropriate contractors on the appropriate small works roster, or

b.    At least five (5) qualified small works contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted and notify the remaining contractors on the appropriate small works roster.  The district has the sole option of determining whether this notice is made by publication in a legal newsletter in general circulation in the area where the work is to be done, mailing notice, or sending notice by facsimile or other electronic means.

6.   Subject to the right to reject all bids, the superintendent or his/her designee shall award the contract to lowest responsible bidder meeting the district’s specifications, in accordance with RCW 39.26.160 and as outlined below.

7.   Any small works roster requisition resulting in a purchase order equal to or exceeding $25,000 shall be evidenced by a Bellingham School District Contract Agreement, which will be signed by the superintendent or his/her designee.

E.   Lowest Responsible Bidder

The following factors shall be considered in determining the lowest responsible bidder:

1.   The ability, capacity, and skill of bidder to perform the work or provide the service required,

2.   The character, integrity, reputation, judgment, experience, and efficiency of the bidder,

3.   The ability of the bidder to perform the contract within the time specified,

4.   The quality of performance on previous contracts or services,

5.   Previous and existing compliance by bidder with laws relating to the contract or services;

and

6.   Such other information as may be secured having a bearing on the decision to award the contract.

F.   Change Orders

In order to expedite change orders on construction contracts in the Bellingham School District, the board has determined that for change orders where the amount involved is 5% or less of the total project cost, but not in excess of $250,000, such change orders may be approved by the Superintendent or his/her designee.  Payment may then be made through the Business Office. (See Policy 6957.)

G.  Professional Services

H.  While there is no requirement for a competitive process outside of architectural and engineering services, procurement of professional services in excess of $75,000 without a competitive process must be approved by the Assistant Superintendent, Finance and Operations.

I.    Procuring with Federal Funds

(Title I, Title II, Federal IDEA, Carl Perkins, QSCB, etc.)

When federal funds are used for procurement of supplies, other property, or professional ser- vices, state law must still be followed, as well as any federal requirements including but not limited to those listed in Federal Acquisition Regulation (FAR), 34 CFR § 80.36 and 34 CFR § 85.  State law does not apply when the federal requirements are more restrictive. When federal funds are used for public works projects, additional requirements such as Davis Ba- con wages apply.

J.    Suspension and Debarment

For any procurement transaction over $25,000 the district must verify that each vendor (and possible sub-vendors) paid by federal funds is not suspended and/or debarred.

Adopted: 12/18/03; 03/20/08; 12/11/08; 02/27/13; 08/21/14; 09/24/14
Revised: 08/13/15