San Francisco Unified School District and County Office of Education
Board Policy 3311
Bids
This Board Policy applies to the San Francisco Unified School District and the County Office of Education.
Consistent with California law, the Board of Education requires competitive bidding for certain public contracts. The purposes of competitive bidding are to secure economy in the construction of public works and the expenditures of public funds for materials, supplies and services, to protect the public from collusive contracts, to exclude favoritism and corruption, and to promote competition among bidders so as to ensure that all public contracts are secured at the lowest cost to District taxpayers.
(cf. 0410 – Nondiscrimination in District Programs and Activities)
(cf. 3000 – Concepts and Roles)
(cf. 3300 – Expenditures and Purchases)
(cf. 9270 – Conflict of Interest)
The District shall purchase equipment, supplies and services on a competitive bid basis when required by law. Care shall be taken to observe all statutory requirements for bidding and bidding procedures.
In those circumstances where the law does not require competitive bidding, the Board may request that a contract be competitively bid if the Board determines that it is in the best interest of the District to do so.
To ensure that good value is received for funds expended, specifications shall be carefully designed and shall describe in detail the quality, quantity, delivery and service required. Life cycle costing is encouraged.
To assist the District in determining whether bidders are responsible, the Board may require pre-qualification procedures as allowed by law.
Non-Construction Services, Equipment, Materials and Supplies
Contracts for non-construction services, equipment, materials and supplies, involving expenditures of more than ,000, the current “bid limit” pursuant to Public Contract Code 20111, shall be advertised and let by formal bidding procedures except as otherwise provided by law. Without further action, if the State revises this bid limit, the District shall comply with that new bid limit.
The Uniform Public Construction Cost Accounting Act
On October 27, 2015, the District became subject to the California Uniform Public Construction Cost Accounting Act procedures under Public Contract Code 22000 et. seq., and authorized to use “Informal Bidding Procedures” to award contracts between ,000 and 0,000. The Uniform Public Construction Cost Accounting Act (“CUPCCAA”) is an exception to the general rule that school districts must competitively bid most public contracts. Under CUPCCAA the formal bid threshold for the District is 0,000 (which amount may be adjusted from time to time). Therefore, the District may award public projects between ,000 and 0,000 using “informal bidding procedures” as provided in the law. If a public project is bid through informal procedures but all bids are in excess of 0,000, the District may award a contract at 2,500 or less (formerly 7,500 or less) to the lowest responsible bidder, if the District determines that the original cost estimate for the public project was reasonable.
Formal Bids for Public Projects and Maintenance Projects
Public projects and maintenance projects involving expenditures of more than 0,000, the current “formal bid limit” pursuant to CUPCCAA, shall be advertised and let by formal bidding procedures as required by CUPCCAA, without further action, if the State revises this formal bid limit, the District shall comply with that new formal bid limit.
Informal Bids for Public Projects and Maintenance Projects
Public projects and maintenance projects involving expenditures of ,000 to 0,000, the current “informal bid range” pursuant to CUPCCAA, shall be let by informal bidding procedures as required by CUPCCAA. Without further action, if the State revises this informal bid range, the District shall comply with that new informal bid range.
Public Projects and Maintenance Projects Less Than the Informal Bid Range
Public projects and maintenance projects involving expenditures of less than ,000 may be let after negotiation or by force account. The District shall seek quotes, when feasible, for public projects involving an expenditure of ,000 or less.
Prequalification
The District is permitted, but not required, to prequalify all general contractors and subcontractors on any District public works project. (Public Contract Code 20111.5)
The District shall prequalify all general contractors and electrical, mechanical, and plumbing subcontractors for public projects with a projected expenditure of million or more awarded on or after January 1, 2014, if any School Facilities Program funds (Education Code 17070.10-17079.30) or other future state school bonds are used. (Public Contract Code 20111.6; )
Blanket Purchase Orders
Blanket purchase orders (open accounts) may be established to facilitate repeat purchases of similar items. This procedure does not replace the purchasing procedure regarding bidding.
Good Food Purchasing Program
All procurements of food and food services shall comply with the Good Food Purchasing Program adopted by the Board. (Board of Education Resolution 164-26A3, adopted May 24, 2016)
Federal Procurement Standards
Procurement of supplies, equipment, construction, and other services funded by the federal government shall be made pursuant to applicable federal procurement standards. (2 CFR § 200 et seq. (2013))
Exceptions to Bid Requirements
Exceptions to bid requirements are detailed in Administrative Regulation 3311 (Bids).
This Board Policy supersedes all previous Board Policies as to the subject matter contained herein.
Legal References:
EDUCATION CODE
17070.10-17079.30 Leroy F. Greene School Facilities Act
17250.10-17250.55 Design-build contracts
17406 Lease-leaseback contract
17595 Purchase through Department of General Services
17602 Purchase of surplus property from federal agencies
38083 Purchase of perishable foodstuffs and seasonable commodities
38110-38120 Apparatus and supplies
39802 Transportation services
CODE OF CIVIL PROCEDURE
446 Verification of pleadings
GOVERNMENT CODE
Government Code 4217.12 Energy service contracts
4330-4334 Preference of California-made materials
6252 Definition of public record
53060 Special services and advice
54201-54205 Purchase of supplies and equipment by local agencies
PUBLIC CONTRACT CODE
1102 Emergencies
2000-2001 Responsive bidders
3000-3010 Roofing projects
3400 Bids, specifications by brand or trade name not permitted
3410 United States produce and processed foods
6610 Bid visits
10299 Consolidation of needs of agencies
12200 Definitions, recycled goods, materials and supplies
20101-20103.7 Public construction projects, requirements for bidding
20103.8 Award of contracts
20107 Bidder’s security
20111-20118.4 School districts
20189 Bidder’s security, earthquake relief
22002 Definition of public project
22030-22045 Alternative procedures for public projects (CUPCCAA)
22050 Alternative emergency procedures
22152 Recycled product procurement
COURT DECISIONS
McGee v. Balfour Beatty Construction, LLC, et al. (4/12/16, No. B262850)
Davis v. Fresno Unified School District, (2015) 237 Cal.App.4th 261
Los Angeles Unified School District v. Great American Insurance Co., (2010) 49 Cal.4th 739
Great West Contractors Inc. v. Irvine Unified School District, (2010) 187 Cal.App.4th 1425
Marshall v. Pasadena Unified School District, (2004) 119 Cal.App.4th 1241
Konica Business Machines v. Regents of the University of California, (1988) 206
Cal.App.3d 449
City of Inglewood-Los Angeles County Civic Center Authority v. Superior Court,
(1972) 7 Cal.3d 861
ATTORNEY GENERAL OPINIONS
89 Ops.Cal.Atty.Gen. 1 (2006)
Management Resources:
CALIFORNIA UNIFORM CONSTRUCTION COST ACCOUNTING COMMISSION PUBLICATIONS
Cost Accounting Policies and Procedures Manual
Frequently Asked Questions
WEB SITES
CSBA: http://www.csba.org
California Association of School Business Officials: http://www.casbo.org
California Uniform Construction Cost Accounting Commission: http://www.sco.ca.gov/ard_cuccac.html
Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.