Kent City Community Schools
Bylaws & Policies
 

6322 - RESPONSIBLE CONTRACTOR

The Kent City Board of Education believes that contractors selected to work on building construction, additions, repairs and/or renovations must meet specific qualifications.

In order to be selected as the successful bidder to construct or renovate buildings in the Kent City Community School District, construction firms must be exemplary in their construction techniques and business practices. The purpose of this policy is to assure the Board of Education that the District’s construction and renovation projects utilize the specified materials and equipment, and employ qualified team members. The Board can refuse to hire any contractor who does not meet the requirements of this policy. The Board may reject any bid proposals that, in the Board’s opinion or findings, contain inaccurate information.

The purpose of this policy is to assist the Board in awarding school building construction contracts to the "lowest responsible bidder". The Board’s criteria in selecting a contractor(s) for school construction projects shall be determined from the lowest qualified bid(s) on the construction project(s) that meet the requirements of law, this policy, and the administrative rules for this policy developed by the Superintendent. The Board of Education reserves the right to accept or reject a bid or combination of bids.11 The criteria and procedures for rejecting a bid or combination of bids shall be included in the construction bid documents, as appropriate to the type of work for which bids are solicited, and, as permitted by law, by the School Board’s construction manager, and/or design professionals.

DEFINITIONS:

Construction Project: The construction of a new school building, or addition to or repair or renovation of an existing school building that exceeds $250,000, except repair in emergency situations, that requires the solicitation of bids for competitive bidding purposes.1

Lowest Responsible Bidder: The Responsible Contractor with the lowest cost bid that satisfies the requirements of all local, State, and Federal laws, this policy, any administrative rules for this policy developed by the Superintendent at the Board’s direction, any bid documents used to solicit bids, and any other guidelines and specifications required for the Construction Project.

Responsible Contractor: A contractor determined by the Board to be sufficiently qualified to satisfactorily perform the Construction Project, or relevant part thereof, based on: (1) an overall review of the Responsibility Criteria listed below and the contractor’s responses, or failures to respond, to same; (2) the contractor’s compliance with all applicable local, State, and Federal laws; and (3) the input of the District’s architect(s) and/or construction manager(s).

The Board delegates to the Superintendent the responsibility to develop appropriate administrative guidelines, which can be adjusted to the specifics each construction project, to implement this policy.

Substantially Low Bid Review

In the event the amount of the lowest bidder’s bid appears disproportionately low when compared with estimates under taken by or on behalf of the local school district and/or compared to other bids submitted, the Board of Education reserves the right to inquire further of the apparent lowest bidder to determine whether the bid contains mathematical errors, omissions, and/or erroneous assumptions, and whether the apparent lowest bidder has the capability to perform and complete the contract for the bid amount.

Suspension or Revocation

The School Board may, for good cause, suspend a contractor for a specified period or revoke the contract. Causes for suspension or revocation shall include, but not be limited to, one (1) or more of the following:

 A.inaccurate or misleading statements on the contractor’s qualification statements;

 B.declared to be in default by the Board;

 C.adjudged to be bankrupt;

 D.performance, in connection with contract work, becomes unsatisfactory to the Board, based on the Board asserting and recovering liquidated damages in an action against the contractor;

 E.contractor’s license becomes suspended or revoked.

Appeal

A contractor whose contract with the Board has been suspended or revoked shall be given the benefit of reconsideration and appeal as follows:

 A.The aggrieved contractor may, within ten (10) days after receiving notification of such action, request reconsideration in writing. The contractor may submit additional information at the time of appeal.

 B.The Board shall act upon the contractor’s request within thirty (30) calendar days after the filing and shall notify the contractor of its action to adhere, to modify, or reverse its original action. The Board may require additional information to justify the reconsideration.

© 2004 Michigan Association of School Boards for the use of MASB member districts only. No portion of this document may be reproduced in any form or distributed in any form without the express prior permission of the Michigan Association of School Boards. The original contribution of language in the formulation of this sample policy was provided by the West Michigan Construction Alliance, the Michigan Chapter Associated General Contractors (AGC), and the Michigan State Building and Construction Trades Council. Constructive comments and reviews of the language were furnished by the Associated Builders and Contractors, Inc., (ABC) and are acknowledged and appreciated. The above organizations and their designated and authorized representatives have full rights to the use of this sample policy.

1School districts have significant discretion in awarding contracts, even when they are required to seek competitive bids, and this discretion allows School Districts to award a contract to a bidder other than the lowest monetary bidder so long as they have a reasonable and rational basis for such an award.

Michigan Courts have held that only the public, and not the disappointed bidders, has standing to object to the awarding of a contract. Heaney General Contracting, Inc. v Clinton Community Schools Board of Education, 2000 Mich App Lexis 405 (unpublished); G.P. Graham Construction Co v Chesaning Union Schools, 2002 Mich App Lexis 695 (unpublished); Malan Construction Corp. v Board of County Road Commissioners, 187 F Supp 937 (ED Mich 1960). The reservation of the right to reject any and all bids, as contained in the competitive bid statutes for School Districts, gives the public authority power to award the contract to any bidder and to reject the others, even though the one securing the contract is not the lowest bidder, provided the public authority acted in good faith in the exercise on an honest discretion. Leavy v City of Jackson, 247 Mich 447 (1929).

1M.C.L.A. 380.1267(1), (6)

Adopted 4/07