File: DJED

BIDS/PROPOSALS

PUBLIC WORKS
The Lafayette Parish School Board shall advertise and let by contract, except in cases of emergencies as provided below, all public work exceeding $100,000 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 Board with its own employees.
As an evidence of good faith of the bidder, the 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 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.

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.

Bids for public works less than the amounts specified may be advertised when the Superintendent and/or Chief Financial Officer deem it advisable.

MATERIALS AND SUPPLIES
All purchases of materials or supplies exceeding the sum of $20,000 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, purchases of materials or supplies of at least $10,000, but not more than $20,000, shall be made by obtaining not less than three (3) telephone or facsimile quotations. A written confirmation of the accepted offer shall be obtained and made a part of the purchase file. The 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.

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.

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

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 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 the administration to secure competitive quotations. The accepted quote shall confirmed in writing State law permits a person designated by the Board to declare the existence of an extreme public emergency. Notices of an emergency or extreme emergency shall be published in the Board’s official journal within ten (10) days of the emergency being certified by the School Board or designee. An emergency is defined by state law (R.S. 38:2211 A(6)) 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 the Part, where the mischance or court order will not admit of the delay incident to advertising as provided in the Part.”

USE OF STATE CONTRACT
The School Board may make use of valid contracts put in place by the State of Louisiana Office of State Purchasing. The Board may also piggyback, or purchase materials and supplies on valid contracts of other political subdivisions.

BID ADVERTISEMENTS
All advertisements for bids shall appear in the newspaper selected by the Board (see BCBJA) as the official journal for the Lafayette Parish School Board, except in extreme emergencies as may be declared by the 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 may also publish advertisements by electronic media available to the general public. 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 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 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.

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

DISQUALIFICATION OF BIDDER
If the School Board proposes to disqualify any bidder for non-responsiveness, the School Board shall:
Give written notice of the proposed disqualification to such bidder, and include in the written notice all reasons for the proposed disqualification

If the School Board proposes to disqualify any bidder for non-responsibilty, 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; and
(2) Give such bidder, who is proposed to be disqualified, the opportunity to be heard at an informal hearing, at which such bidder is afforded the opportunity to refute the reasons for the disqualification.

PROPOSALS
Proposals may be used to acquire items or services that are exempt from State bid laws. See examples below:
Performance based energy efficient contracts
Professional Services – legal, insurance, engineering/architectural services, doctors, laboratory work, consultants
Contracted Services – grass cutting, janitorial
Lease of equipment
Data and telecommunications equipment, systems, related services as defined in R.S. 38:2236

These items may be bid or let as proposals in accordance is RS 38:2237.


Adopted prior to 1975
Revised: 10/15/80
Revised: 3/15/95
Revised: 4/1/98
Revised: 12/5/07

NOTE: Purchasing policies related to food services are coded EED*, Food Purchasing; those related to individual school and organization funds are coded DK, School Activities (and School) Funds Management.