BUSINESS AND OPERATIONS: CONSTRUCTION [LAW]
GENERAL
PRINCIPLES
1.
Applicable
Procedures
A contract involving the construction, repair, or
renovation of a structure, road, highway, or other improvement or addition to
real property, the school must follow one of the following procedures:
A. The
competitive bidding procedures set forth in Texas Local Government Code,
Chapter 271, subchapter B [See Business
and Operations: Construction Using Competitive Bidding [Law]]; or
B. If the school
has amended its charter and the commissioner has approved the amendment, the
school shall utilize those procedures set forth in Texas Education Code,
Chapter 44, subchapter B.
2. Construction of Non-Facilities
A.
Local Government
Code Procedures Required
Non-facility work must be procured according to the
bidding and contracting procedures of Chapter 271, subchapter B, of the Local
Government Code. “Non-facility work” means highways, roads, streets, bridges,
utilities, water supply projects, water plants, wastewater plants, water and
wastewater distribution or conveyance facilities, wharves, docks, airport
runways and taxiways, drainage projects, or related types of projects associated
with civil engineering construction or buildings or structures that are
incidental to projects that are primarily civil engineering construction
projects.
B. Competitive
Bidding
For
any contract involving an expenditure of more than $25,000 on construction,
repair, or renovation of a structure, road, highway, or other non-facility
work, the bidding must be accomplished in the manner set forth below.
(1) Advertisement for Bids
The school shall advertise for bids. The advertisement shall include a notice that:
(a) Describes
the work;
(b) States
the location at which the bidding documents, plans, specifications, or other
data may be examined by all bidders; and
(c) States
the time and place for submitting bids, and the time and place that bids will
be opened.
(2) Publication
The advertisement must be published at least twice in
one or more newspapers of general circulation in the county or counties in
which the work is to be performed. The
second publication must be on or before the 10th day before the first date bids
may be submitted.
(3) Mailing
of Notice
The school shall mail a notice, on the date of
publication or before the day the first newspaper advertisement is published,
containing the information included in the advertisement for bids to any
organization that:
(a) Requests
in advance that notices for bids be sent to the school;
(b) Agrees
in writing to pay the actual cost of mailing the notice; and
(c) Certifies
that it circulates notices for bids to the construction trade in general.
(4) Receipt
of Bids
(a) The
school shall provide all bidders with the opportunity to bid on the same items
on equal terms and have bids judged according to the same standards at set
forth in the specifications.
(b) The
school shall receive bids in a fair and confidential manner and may receive
bids in hard copy format or through electronic transmission.
(5) Opening
of Bids
Bids may be opened only by the board at a
public meeting or by an officer or employee of the school in an office of the school.
A bid that has been opened may not be
changed for the purpose of correcting an error in the bid price. However, a bidder may withdraw a bid due to
material mistake in the bid.
(6) Award
of Contract
(a) The
school is entitled to reject any and all bids.
(b) The
contract must be awarded to the lowest responsible bidder, but the contract may
not be awarded to a bidder who is not the lowest bidder, unless before the
award, each lower bidder is given notice of the proposed award, and is given an
opportunity to appear before the board or the board’s designee and present
evidence concerning the bidder’s responsibility.
(7) Safety
Record of Bidder
The school may, in determining who is a responsible
bidder, 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:
(a) The
board has adopted a written definition and criteria for accurately determining
the safety record of a bidder;
(b) 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; and
(c) The
determinations are not arbitrary and capricious.
(7) Noncompliance
A contract awarded in violation of this
policy is void.
(8) Criminal
Penalties
An officer or employee of the school commits an
offense if s/he intentionally or knowingly makes or authorizes separate,
sequential, or component purchases to avoid, or otherwise, violates, the
competitive bidding requirements set forth above.
3. Facility Construction
Note:
The following applies only to those schools that have amended their charter to
incorporate the procedures of Chapter 44, Subchapter B. [See above, at (1)].
For any contract executed after
A. Competitive
bidding;
B. Competitive
sealed proposals;
C.
A design/build
contract;
D.
A construction
manager; or
E.
A job order
contract.