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6720-R Competitive Bidding Proc Reg

6720-R Competitive Bidding Proc Reg

COMPETITIVE BIDDING PROCEDURES REGULATION 

The requirements for formal competitive bidding are as follows:  

  1. All items must be bid when the cost of any single item or group of similar items is in  excess often thousand dollars ($10,000);  
  2. All transportation must be bid where the cost of any single transportation service is in  excess of ten thousand dollars ($10,000), unless the district has elected to contract for  the transportation of students through a request for proposals (RFP) process. Annual, biennial, triennial, quadrennial or quinquennial year extensions of a transportation  contract secured either through competitive bidding or through the RFP process are  not subject to competitive bidding when such extensions are made in accordance with  the Regulations of the Commissioner of Education;  
  3. All repair or contract obligations involving the use of personnel and goods in a single  project must be bid when such project costs exceed twenty thousand dollars  ($20,000);  
  4. All items and/or groups of items whose total exceeds two thousand dollars ($2,000),  but is less than ten thousand dollars ($10,000), will require informal quotations either  by a request for quotation form mailed to bidders, or by telephone when time is of the  essence;  
  5. A "Notice to Bidders" shall be published in the officially designated newspaper at  least one time, commencing not less than 10 business days prior to the bid opening  date. Notices may also be mailed to potential bidders sufficiently in advance of the  scheduled bid opening date to permit timely preparation and submission of bids;  
  6. Bids shall be received until the opening time designated in the official notice. All bids  shall be date stamped upon receipt and shall be kept in a secure, locked location until  the time for opening; 
  7. Bids shall be opened at the time and place set forth in the Notice to Bidders. There  will be at least three district employees present at each bid opening, including the  purchasing agent or his/her designee. All interested parties may also attend the  opening of bids;  
  8. After being opened, all bids shall be recorded and analyzed. In this analysis, in order  to determine whether the low bidder is "responsible," the purchasing agent shall  consider whether the record of the bidder demonstrates or includes:  

a. lack of adequate expertise, lack of prior experience with comparable projects,  or lack of financial resources necessary to perform the work outlined in the  contract in a timely, competent and acceptable manner;  

b. engagement in criminal conduct in connection with any other government  contract or the conduct of business activity that involves such crimes as  extortion, bribery, fraud, bid-rigging and embezzlement; 

c. grave disregard for the safety of employees or members of the public. The  purchasing agent should determine whether employees will be properly  trained and whether the equipment to be used is safe and functioning properly; 

d. willful noncompliance with the state labor laws regarding prevailing wage and  supplement payment requirements. All contractors on public work projects are  required to pay their employees not less than the prevailing wage; 

e. disregard for other state labor laws, including child labor, proper and timely  wage payments and unemployment insurance laws;  

f. violations of the State Workers' Compensation Law including failure to  provide proof of proper workers' compensation or disability coverage; 

g.violations of any state or federal environmental statutes; 

h.the failure to abide by state and federal statutes and regulations regarding  efforts to solicit and use disadvantaged, minority and women-owned business  enterprises as potential sub-contractors; 

i.the submission of a bid which is mathematically or materially unbalanced; 

j. the submission of a bid which is so much lower than the contracting agency's  confidential estimate that it appears unlikely that the contractor will be able to  complete the project satisfactorily at the price bid; or  

k the presentation of false or misleading statements or any other issue that raises  serious questions about the responsibility of the bidder.  

9.The purchasing agent shall make a recommendation to the Board of Education as to  the lowest responsible bidder who has met or complied with the bid specifications; 

10. In the event there are two or more bona fide low responsible bidders, the Board may  make an award to one of the low bidders or, in its discretion, it may reject all the bids  and re-advertise the purchase. In making an award in the case of tied low bidders, the  Board may give consideration to a local business or supplier;  

11. Bid bonds or deposits of 5 percent of the bid price may be required, at the discretion  of the purchasing agent, on all purchase contracts of less than $25,000. Bid bonds or  deposits of 5 percent of the bid price are required for labor or service contracts.  Performance bonds of 100 percent of the bid price are required for all contracts in  excess of $25,000. Performance bonds on contracts for less than $25,000 may be  required, at the discretion of the purchasing agent; 

11. Every bid shall contain the certification, properly executed by the bidder, required by  Section 103-d of the General Municipal Law; and 

13. Minor deviations from specifications or compliance with bidding requirements may  be waived by the Board, upon the recommendation of the purchasing agent. The  purchasing agent shall determine all questions of comparability or equivalency.  

Note: Policy revised  

▪ The regulation has been revised to provide that the requirement for competitive  bidding does not apply to an award of a contract for the transportation of students, if  such a contract has been awarded in response to a request for proposals (RFP).  

▪ The regulation also provides that the competitive bidding requirement does not apply  to annual, biennial, triennial, quadrennial or quinquennial year extensions of a  transportation contract when such extensions are in accordance with the Regulations  of the Commissioner of Education.  

▪ The regulation has also been revised to provide factors to be considered when  determining whether a low bidder is "responsible."  

Adoption: January 12, 1998  

Reviewed: October 29, 2019