CVA(LEGAL) - FACILITIES CONSTRUCTION: COMPETITIVE BIDDING
Note: For additional legal requirements applicable to purchases with federal funds, see CBB.
For legal requirements generally applicable to the procurement process, see CH and CV.
"Competitive bidding" is a procurement method by which a district contracts with a contractor for the construction, alteration, rehabilitation, or repair of a facility by awarding the contract to the lowest responsible bidder.
Except as otherwise provided by Government Code Chapter 2269 or other law, a district may contract for the construction, alteration, rehabilitation, or repair of a facility only after the district advertises for bids for the contract in a manner prescribed by law, receives competitive bids, and awards the contract to the lowest responsible bidder.
Gov't Code 2269.101
Preparation of Request
The district shall prepare a request for competitive bids that includes construction documents, estimated budget, project scope, estimated project completion date, and other information that a contractor may require to submit a bid. Gov't Code 2269.103
The district shall select or designate an architect or engineer in accordance with Occupations Code Chapter 1051 or 1001, as applicable, to prepare the construction documents required for a project to be awarded by competitive bidding. Gov't Code 2269.102 [See CV]
The district shall receive, publicly open, and read aloud the names of the offerors and their bids. Gov't Code 2269.104
Bids may be opened only by the board at a public meeting or by an officer or employee of the district at or in an office of the district. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. Local Government Code Chapter 271, Subchapter B does not change the common law right of a bidder to withdraw a bid due to a material mistake in the bid. Local Gov't Code 271.026
The board is entitled to reject any and all bids. Local Gov't Code 271.027(a)
In determining who is a responsible bidder, the district may take into account the safety record of the bidder; of the firm, corporation, partnership, or institution represented by the bidder; or of anyone acting for such firm, corporation, partnership, or institution if:
- The board has adopted a written definition and criteria for accurately determining the safety record of a bidder.
- The board has given notice to prospective bidders in the bid specifications that the safety record of a bidder may be considered in determining the responsibility of the bidder.
- The determinations are not arbitrary and capricious.
Local Gov't Code 271.0275
If a district is required to accept bids on a contract and receives two or more bids from responsible bidders that are identical, in nature and amount, as the lowest and best bids, the board shall enter into a contract with only one of those bidders and must reject all other bids.
If only one of the bidders submitting identical bids is a resident of the district, the district must select that bidder. If two or more of the bidders submitting identical bids are residents of the district, the district must select one of those bidders by the casting of lots. In all other cases, the district must select from the identical bids by the casting of lots.
The casting of lots must be in a manner prescribed by the board and must be conducted in the presence of the board. All qualified bidders or their legal representatives may be present at the casting of lots.
These provisions do not prohibit a district from rejecting all bids. These provisions apply to all districts required by general or special law to accept bids and award contracts on the basis of the lowest and best bid, but do not apply to bidding for contracts to act as a depository for school funds under Education Code Chapter 45, Subchapter G [see BDAE].
Local Gov't Code 271.901
Make Evaluations Public
Not later than the seventh day after the date the contract is awarded, the district shall document the basis of its selection and shall make the evaluations public. Gov't Code 2269.105
Applicability of Other Competitive Bidding Laws
Except as otherwise specifically provided in this policy, Local Government Code Chapter 271, Subchapter B (Competitive Bidding on Certain Public Works Contracts), does not apply to the competitive bidding process conducted under this policy. Gov't Code 2269.106