# DJ Bidding - Purchasing Requirements

The School Board expects all purchases made by the school unit to be
consistent with applicable laws and sound business practices. The
Superintendent shall be responsible for developing and implementing
administrative procedures for bidding and purchasing consistent with
this policy.

This policy is intended solely as an internal guide to purchasing by the
school unit. It does not afford any vendor any property or contractual
rights against the school unit. No vendor shall have any enforceable
rights against the school unit based upon this policy or alleged
violations of this policy. No vendor shall have any rights against the
school unit until such time as a written contract between the vendor and
the school unit is executed by the vendor and an authorized
representative of the school unit.

 A. Bidding Required by Law
==========================

Maine law requires the Board to competitively bid property and casualty
insurance; school bus and transportation contracts in excess of \$4,000;
school building construction, alterations and repairs over \$25,000
(except contracts for professional architectural and engineering
services); and bond anticipation notes for state-subsidized school
construction projects.

 B. Competitive Bidding of Other Purchases
=========================================

Where bidding is not required by law, it shall be the policy of the
school unit to competitively bid purchases of equipment, supplies,
materials or services over \$10,000 provided that it is practical and
cost-effective to specify the materials or services with sufficient
particularity to allow meaningful comparison of bids.

If competitive bidding is not utilized, the Superintendent may seek
Requests for Proposals (RFP) for purchases over \$10,000. An RFP
identifies the need the school unit intends to meet, but permits the
vendor to propose the manner in which the work is to be performed and
the materials to be used.

The Superintendent may forego the competitive bid or RFP process only
when he/she determines that quality, expertise, time factors, or other
important considerations outweigh the possible benefits of bidding or
requesting proposals. In each such case, the Board shall be informed of
the Superintendent's decision and the reasons for it in advance of
entering into a contract.

 C. Procedures for Bidding and Requesting Proposals
--------------------------------------------------

The method of notification that the school unit uses to solicit bids and
proposals shall be reasonably designed to attract qualified vendors.
Depending upon the circumstances, such notification may include public
advertising and/or mailing of notices to potential vendors.

**Bid Procedures**
==================

A. The notification shall specify the deadline for submitting bids and
the time and place of bid opening. Bid alternates shall be permitted at
the discretion of the Superintendent. The notice shall reserve the right
of the school unit to reject any or all bids, and to waive technical or
immaterial non-conformities in bids if in the best interest of the
school unit, and to exercise judgment in evaluating bids.

B. **Written bids.** Bids shall be in writing, sealed with outside
envelope or wrapper plainly marked "Bid, not to be opened until (insert
appropriate date)," and mailed or filed with the Superintendent of the
unit.

C. **Time of opening.** No bid may be opened until the appointed time.

D. **Public opening.** At the time and place stated in the public
notice, and open to the public, all bids shall be opened by the
Superintendent or, in the Superintendent's absence or disability, by any
School Board member designated for the purpose by the Chair of the
School Board.

E. **Reading**. If any citizens who are not School Board members or
employees of the school unit or if any representatives of the press are
present, bids shall, at that time, either be made available for
examination by them or shall be read aloud in a manner to be heard
plainly by those in attendance.

F. In general, the Superintendent and/or School Board will award
contracts to the vendor whom they deem will best be able to meet the
requirements of the school district.

### RFP Procedures

A. Proposals should be submitted in plain envelopes clearly marked
"Proposal, not to be opened until (state time and date)." The RFP shall
state the time and date that proposals shall be opened, and no proposals
shall be opened before that time. Public opening is not required.

B. Proposals are to be evaluated based on criteria appropriate for the
project in question, and the contract will be awarded to the vendor whom
the Superintendent and School Board deem best able to meet the
requirements of the school unit.

Legal Reference: 5 MRSA § 1743-A (ALL)
 20-A MRSA §§ 1001(14), 5401(13)(D); 5402 (ALL) 20-A MRSA § 1314 (MSAD) Me. DOE Rules, Ch. 61 (Rules for School Construction Projects) (ALL)

Adopted: June 25, 2012