The Board of Education acknowledges its statutory duty to competitively bid contracts for construction, repair, and improvements of school property estimated to cost over $25,000.00, except where the Board makes a finding of urgent necessity or for the security and protection of school property. The Board resolves to award each construction contract required by law to be competitively bid, to the lowest responsive and responsible bidder. A bidder shall be considered responsive if the bidder’s proposal responds to bid specifications in all material respects, contains no irregularities or deviations from the specifications which would affect the amount of the bid otherwise give the bidder a competitive advantage.
The Board of Education, based upon its experience, has determined that selection of the lowest responsive and responsible bidder is not necessarily assured by awarding a construction project to the lowest dollar bidder. The Board of Education, based upon its experience, has determined that the lowest responsive and responsible bidder on a particular project may be identified through the consideration of a number of different factors in addition to the dollar amount of the bid.
Section 1: Therefore, the Sylvania City School District Board of Education declares the following factors significant in determining whether a bid is the lowest responsive and responsible bid:
| | A. | The experience of the bidder. The Board may assess:
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| | | 1. | general contracting experience;
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| | | 2. | specific experience on projects of similar nature.
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| | B. | The bidder’s financial condition. The Board may assess:
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| | | 1. | whether the bidder has defaulted on any loans or other obligations to his/her creditors;
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| | | 2. | the condition of any equipment and/or tools owned or used by the bidder and needed to complete the project;
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| | | 3. | the bidder’s ability to purchase, lease, or otherwise use additional equipment needed to complete the project.
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| | C. | The bidder’s conduct and performance on previous contracts. The Board may assess:
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| | | 1. | original contract price for each project undertaken and the final cost of the project;
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| | | 2. | compliance with completion deadlines;
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| | | 3. | timely response to site clean-up and "punch" list;
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| | | 4. | bonding experience and timely filing of maintenance bond;
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| | | 5. | quality of otherwise-unspecified materials used by the bidder.
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| | D. | The bidder’s facilities, management skills, and ability to execute the contract properly. The Board may assess:
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| | | 1. | continuity of the bidder’s work force;
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| | | 2. | the bidder’s participation in available trade-relevant Department of Labor or State of Ohio approved apprenticeship programs;
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| | | 3. | the bidder’s provision of a health plan, retirement plan and OSHA (and, if applicable, EPA) compliant safety plan for its employees;
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| | | 4. | the location of the bidder’s principal place of business;
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| | | 5. | the locations where the bidder’s workforce is domiciled;
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| | | 6. | the bidder’s compliance with unemployment, Workers’ Compensation, and Federal and State prevailing wage laws; Federal and State wage and hour laws; local, State and Federal taxation laws; other applicable laws, rules, and regulations.
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Section 2: An apparent low bidder found not to be responsive and responsible shall be notified by the Board of Education in writing by certified mail of that finding and the reasons for it. The Board shall meet with the apparent low bidder upon a filing of a timely written protest. The written protest must be received in the Treasurer’s Office within five (5) days after the apparent low bidder’s receipt of notice of the Board’s finding not to be responsive and responsible. No final award shall then be made until the Board either affirms or reverses its earlier determination.
Section 3: Bid invitations and specifications for construction work subject to this policy will include specification of all the factors that may be taken into consideration by the Board in determining whether a bid is the lowest responsive and responsible bid.
Section 4: The Board reserves the right to evaluate bids based on other criteria as the Board may deem appropriate on a case by case basis. The Board may delegate to District administrators or employees the authority to take actions required by this policy. This policy in no manner limits the Sylvania City School District Board of Education’s discretion in awarding contracts.
Adopted 8/28/00